Release of the Company. Executive, for himself, his successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, assigns, representatives, and attorneys (the “Released Parties”), from any and all legal, administrative, and equitable claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, or liabilities of any nature whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without limiting the broadness of the foregoing language, Executive agrees to release Company from any and all claims under: 1. Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991;
Appears in 3 contracts
Samples: Employment Agreement (Scansource Inc), Employment Agreement (Scansource Inc), Employment Agreement (Scansource Inc)
Release of the Company. Executive, for himself, his successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, assigns, representatives, representatives and attorneys (the “Released Parties”), from any and all legal, administrative, and equitable claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, costs or liabilities of any nature whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, affiliates or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without limiting the broadness of the foregoing language, Executive agrees to release Company from any and all claims under:
1. Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991;
Appears in 2 contracts
Samples: Employment Agreement (Scansource Inc), Employment Agreement (Scansource Inc)
Release of the Company. Executive, for himself, his successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, assigns, representatives, and attorneys (the “Released Parties”), from any and all legal, administrative, and equitable claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, or liabilities of any nature whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without limiting the broadness of the foregoing language, Executive agrees to release Company from any and all claims under:
(1. ) local, state or federal common law, statute, regulation, ordinance or treaty;
(2) Title VII of the Civil Rights Act of 1964, as amended by 42 U.S.C. § 2000(e), et seq.
(3) 42 U.S.C. §§ 1981, 1981A, 1983 and 1985;
(4) the Civil Rights Americans with Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000, et seq.;
(5) the Federal Rehabilitation Act of 19911973;
(6) the Older Worker Benefit Protection Act, 29 U.S.C. §§ 621, et seq.;
(7) the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601, et seq.;
(8) Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 301, et seq.;
(9) the Health Insurance Portability Act;
(10) the Occupational and Safety Health Act;
(11) the Equal Pay Act;
(12) the Worker Adjustment and Retraining Notification Act;
(13) the Xxxxxxxx-Xxxxx Corporate Reform Act of 2002, 15 U.S.C. 7201, et seq.;
(14) Executive Orders 11246 and 11141;
(15) South Carolina Human Affairs Law;
(16) the South Carolina Payment of Wages Act;
(17) the South Carolina Xxxx of Rights for Handicapped Persons;
(18) the state workers’ compensation law, including S.C. Code Xxx. § 41-1-80;
(19) tort claims including, but not limited to, claims of wrongful termination, constructive discharge, defamation, invasion of privacy, interference with contract, interference with prospective economic advantage and intentional or negligent infliction of emotional distress and outrage;
(20) contract claims, whether express or implied;
(21) claims for unpaid wages, benefits or entitlements asserted under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., or under South Carolina wages and hours laws, including, but not limited to, the South Carolina Payment of Wages Act;
(22) claims for unpaid benefits or entitlements asserted under any Company plan, policy, benefits offering or program except as otherwise required by law;
(23) claims for attorneys’ fees, interest, expenses and costs, injunctive relief or reinstatement to which he is, claims to be or may be entitled; and
(24) the Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq.; each as amended, and all other such similar statutes, city or county ordinances or resolutions and laws of the State of South Carolina, provided, however, that nothing herein shall release the Company of its obligations to Executive under the Employment Agreement or any other contractual obligations between the Company or its affiliates and Executive, or any indemnification obligations to Executive under the Company’s bylaws, certificate of incorporation, South Carolina law, or otherwise. Without waiving any prospective or retrospective rights under the Family and Medical Leave Act (“FMLA”) or the Fair Labor Standards Act (“FLSA”), Executive admits that he has received from the Company all rights and benefits, if any, potentially due to him pursuant to the FMLA or FLSA. It is the parties’ intent to release all claims, which can legally be released, but no more than that. Executive specifically agrees not to attempt to institute any proceedings or pursue any action pursuant to any laws (state, local, or federal) with any agency or in any jurisdiction (state, local, or federal) based on employment with or termination from the Company except as required or protected by law. Executive covenants that he will in not way encourage or assist any person or entity (including, but not limited to, any past, present or future employee(s) of Company) to take part or participate in any legal or administrative action against Company, except as otherwise required or protected by law. Nothing in the Agreement shall be interpreted or applied in a manner that affects or limits Executive’s otherwise lawful ability to bring an administrative charge with the Equal Employment Opportunity Commission or other appropriate state or local comparable administrative agency; however, the parties agree that Executive has released Company from all liability arising from the laws, statutes, and common law listed in paragraph 1 (except as set forth in this paragraph below, with respect to the Age Discrimination in Employment Act (“ADEA”)) and, as such, Executive is not and will not be entitled to any monetary or other comparable relief on his own behalf. Nothing in this Agreement shall be interpreted or applied in a manner that affects or limits Executive’s ability to challenge (with a lawsuit or administrative charge) the validity of Executive’s release of Company in this Agreement for age claims under the ADEA (which release is provided for in paragraph 2 of this Agreement). Other than a challenge to the validity of the release of ADEA claims under this Agreement, Executive has released Company from all liability with respect to the laws, statutes, and common law listed in paragraph 2, including the ADEA
Appears in 2 contracts
Samples: Employment Agreement (Scansource Inc), Employment Agreement (Scansource Inc)
Release of the Company. Executive, for himself, his successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, assigns, representatives, and attorneys (the “Released Parties”), from any and all legal, administrative, and equitable claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, or liabilities of any nature whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without Without limiting the broadness of the foregoing language, Executive agrees to release Company from any and all claims under:
1. Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991;
Appears in 2 contracts
Samples: Employment Agreement (Scansource Inc), Employment Agreement (Scansource Inc)
Release of the Company. Executive, for himself, his successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, assigns, representatives, and attorneys (the “Released Parties”), from any and all legal, administrative, and equitable claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, or liabilities of any nature whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without Without limiting the broadness of the foregoing language, Executive agrees to release Company from any and all claims under:
1. Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991;
2. Section 1981 of the Civil Rights Act of 1866, as amended;
3. Executive Orders 11246, 13496 and 11141;
4. the Equal Pay Act of 1963;
5. the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA);
6. the Americans with Disabilities Act of 1990 and any amendments thereto, including the ADA Amendments Act of 2008;
7. the Rehabilitation Act of 1973;
8. the Employee Retirement and Income Security Act of 1974;
9. the Xxxxxxxx-Xxxxx Corporate Reform Act of 2002 and the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (the “Xxxx-Xxxxx Act”);
10. whistle-blower and/or retaliation claims or suits under the Xxxxxxxx-Xxxxx Act of 2002 and/or the Xxxx-Xxxxx Act;
11. the Family and Medical Leave Act of 1993, as amended;
12. the Health Insurance Portability and Accountability Act of 1996 (HIPAA); 13. the Fair Labor Standards Act of 1938, as amended;
Appears in 1 contract
Release of the Company. Executive, for himself, his successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, assigns, representatives, representatives and attorneys (the “Released Parties”), from any and all legal, administrative, and equitable claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, costs or liabilities of any nature whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, affiliates or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination Separation of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without Without limiting the broadness of the foregoing language, Executive agrees to release Company from any and all claims under:
1. Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991;
2. Section 1981 of the Civil Rights Act of 1866, as amended; 3. Executive Orders 11246, 13496 and 11141;
Appears in 1 contract
Release of the Company. Executive, for himself, his successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, assigns, representatives, and attorneys (the “Released Parties”), from any and all legal, administrative, and equitable claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, or liabilities of any nature whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without limiting the broadness of the foregoing language, Executive agrees to release Company from any and all claims under:
(1. ) local, state or federal common law, statute, regulation, ordinance or treaty;
(2) Title VII of the Civil Rights Act of 1964, as amended by 42 U.S.C. § 2000(e), et seq.
(3) 42 U.S.C. §§ 1981, 1981A, 1983 and 1985;
(4) the Civil Rights Americans with Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000, et seq.;
(5) the Federal Rehabilitation Act of 19911973;
(6) the Older Worker Benefit Protection Act, 29 U.S.C. §§ 621, et seq.;
(7) the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601, et seq.;
(8) Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 301, et seq.;
(9) the Health Insurance Portability Act;
(10) the Occupational and Safety Health Act;
(11) the Equal Pay Act;
(12) the Worker Adjustment and Retraining Notification Act;
(13) the Xxxxxxxx-Xxxxx Corporate Reform Act of 2002, 15 U.S.C. 7201, et seq.;
(14) Executive Orders 11246 and 11141;
(15) South Carolina Human Affairs Law;
(16) the South Carolina Payment of Wages Act;
(17) the South Carolina Xxxx of Rights for Handicapped Persons;
(18) the state workers’ compensation law, including S.C. Code Xxx. § 41-1-80;
(19) tort claims including, but not limited to, claims of wrongful termination, constructive discharge, defamation, invasion of privacy, interference with contract, interference with prospective economic advantage and intentional or negligent infliction of emotional distress and outrage;
(20) contract claims, whether express or implied;
(21) claims for unpaid wages, benefits or entitlements asserted under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., or under South Carolina wages and hours laws, including, but not limited to, the South Carolina Payment of Wages Act;
(22) claims for unpaid benefits or entitlements asserted under any Company plan, policy, benefits offering or program except as otherwise required by law;
(23) claims for attorneys’ fees, interest, expenses and costs, injunctive relief or reinstatement to which he is, claims to be or may be entitled; and
(24) the Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq.; each as amended, and all other such similar statutes, city or county ordinances or resolutions and laws of the State of South Carolina, provided, however, that nothing herein shall release the Company of its obligations to Executive under the Employment Agreement or any other contractual obligations between the Company or its affiliates and Executive, or any indemnification obligations to Executive under the Company’s bylaws, certificate of incorporation, South Carolina law, or otherwise. Without waiving any prospective or retrospective rights under the Family and Medical Leave Act (“FMLA”) or the Fair Labor Standards Act (“FLSA”), Executive admits that he has received from the Company all rights and benefits, if any, potentially due to him pursuant to the FMLA or FLSA. It is the parties’ intent to release all claims, which can legally be released, but no more than that. Executive specifically agrees not to attempt to institute any proceedings or pursue any action pursuant to any laws (state, local, or federal) with any agency or in any jurisdiction (state, local, or federal) based on employment with or termination from the Company except as required or protected by law. Executive covenants that he will in not way encourage or assist any person or entity (including, but not limited to, any past, present or future employee(s) of Company) to take part or participate in any legal or administrative action against Company, except as otherwise required or protected by law. Nothing in the Agreement shall be interpreted or applied in a manner that affects or limits Executive’s otherwise lawful ability to bring an administrative charge with the Equal Employment Opportunity Commission or other appropriate state or local comparable administrative agency; however, the parties agree that Executive has released Company from all liability arising from the laws, statutes, and common law listed in paragraph 1 (except as set forth in this paragraph below, with respect to the Age Discrimination in Employment Act (“ADEA”)) and, as such, Executive is not and will not be entitled to any monetary or other comparable relief on his own behalf. Nothing in this Agreement shall be interpreted or applied in a manner that affects or limits Executive’s ability to challenge (with a lawsuit or administrative charge) the validity of Executive’s release of Company in this Agreement for age claims under the ADEA (which release is provided for in paragraph 2 of this Agreement). Other than a challenge to the validity of the release of ADEA claims under this Agreement, Executive has released Company from all liability with respect to the laws, statutes, and common law listed in paragraph 2, including the ADEA.
Appears in 1 contract
Release of the Company. The Executive, for himself, his successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, assigns, representatives, and attorneys (the “Released Parties”), from any and all legal, administrative, and equitable claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, or liabilities of any nature whatsoever, in law or in equity, which the Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, or predecessors, and the Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that the Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without Without limiting the broadness of the foregoing language, the Executive agrees to release Company from any and all claims under:
1. Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991;
2. Section 1981 of the Civil Rights Act of 1866, as amended;
3. Executive Orders 11246, 13496 and 11141;
4. the Equal Pay Act of 1963;
5. the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA);
6. the Americans with Disabilities Act of 1990 and any amendments thereto, including the ADA Amendments Act of 2008;
7. the Rehabilitation Act of 1973;
8. the Employee Retirement and Income Security Act of 1974;
9. the Xxxxxxxx-Xxxxx Corporate Reform Act of 2002 and the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (the “Xxxx-Xxxxx Act”);
10. the Family and Medical Leave Act of 1993, as amended;
11. the Health Insurance Portability and Accountability Act of 1996 (HIPAA);
12. the Fair Labor Standards Act of 1938, as amended;
13. the Occupational Safety and Health Act;
14. the Uniformed Services Employment and Re-employment Act of 1994;
15. the Worker Adjustment and Retraining Notification Act;
16. the Xxxxx Xxxxxxxxx Fair Pay Act of 2009;
17. the Fair Credit Reporting Act;
18. state workers’ compensation law;
19. Consumer Credit Protection Act;
20. Immigration Reform and Control Act of 1986;
21. National Labor Relations Act;
22. the Genetic Information Nondiscrimination Act of 2008;
23. the Age Discrimination in Employment Act;
24. the South Carolina Payment of Wages Act;
25. the South Carolina Human Affairs Law;
26. claims arising under the United States and/or South Carolina Constitutions;
27. claims for wages, overtime pay, commissions, severance, bonuses, vacation pay, incentive awards, expense reimbursement, or any claim based on express or implied contracts, policies, or plans;
28. any common law claims or claims founded in tort (including negligence) for wrongful discharge, negligence, negligent hiring, negligent training or negligent supervision, assault or battery, invasion of privacy, false imprisonment, intentional infliction of emotional distress, defamation, libel, slander, promissory estoppel, detrimental reliance, quantum meruit, unjust enrichment, breach of contract (oral, written or implied), or any other equitable basis or action;
29. claims that the Company treated or dealt with me unfairly; and
30. any claims arising under any other federal, state or local law, statute, regulation, ordinance, treaty or law of any other type, or any other cause of action or theory of recovery arising by virtue of my employment relationship and/or affiliation with ScanSource or any public policy, tort or common law. Without waiving any prospective or retrospective rights under the Fair Labor Standards Act, I admit that I have received from ScanSource all rights and benefits, if any, due or potentially due to me pursuant to the Fair Labor Standards Act. I understand and acknowledge that it is the parties’ intent that I release all claims that can be legally released but no more than that. I affirm that while I was employed with the Company, I had no known and unreported workplace injuries or occupational diseases and was not denied leave under the Family and Medical Leave Act of 1993. I represent and agree that I have been paid and have received all paid or unpaid leave, compensation, wages, overtime, vacation or sick pay, severance, bonuses, incentives, and/or benefits to which I may be entitled and no other amounts are due to me. Nothing in this Release shall be interpreted or applied in a manner that affects or limits the Executive’s otherwise lawful ability to bring an administrative charge with the Equal Employment Opportunity Commission or other appropriate state or local comparable administrative agency; however, the parties agree that the Executive has released Company from all liability arising from the laws, statutes, and common law listed in paragraph 3 (except as set forth in this paragraph below, with respect to the Age Discrimination in Employment Act (“ADEA”)) and, as such, the Executive is not and will not be entitled to any monetary or other comparable relief on his own behalf. Nothing in this Release shall be interpreted or applied in a manner that affects or limits the Executive’s ability to challenge (with a lawsuit or administrative charge) the validity of the Executive’s release of Company in this Release for age claims under the ADEA (which release is provided for in paragraph 3 and 4 of this Release). Other than a challenge to the validity of the release of ADEA claims under this Release, the Executive has released Company from all liability with respect to the laws, statutes, and common law listed in paragraph 3, including the ADEA. Notwithstanding the foregoing provisions of this Release, (i) nothing in this Release or other agreement prohibits the Executive from reporting possible violations of law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress and any agency Inspector General (the “Government Agencies”), or communicating with Government Agencies or otherwise participating in any investigation or proceeding that may be conducted by Government Agencies, including providing documents or other information, (ii) the Executive does not need the prior authorization of the Company to take any action described in (i), and the Executive is not required to notify the Company that he has taken any action described in (i); and (iii) the Release does not limit the Executive’s right to receive an award for providing information relating to a possible securities law violation to the Securities and Exchange Commission. Further, notwithstanding the foregoing, the Executive will not be held criminally or civilly liable under any federal, state or local trade secret law for the disclosure of a trade secret that (i) is made (A) in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney, and (B) solely for the purpose of reporting or investigating a suspected violation or law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Additionally, an individual suing an employer for retaliation based on the reporting of a suspected violation of law may disclose a trade secret to his or her attorney and use the trade secret information in the court proceeding, so long as any document containing the trade secret is filed under seal and the individual does not disclose the trade secret except pursuant to court order.
Appears in 1 contract
Release of the Company. Executive, for himself, his successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, assigns, representatives, representatives and attorneys (the “Released Parties”), from any and all legal, administrative, and equitable claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, costs or liabilities of any nature whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, affiliates or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without limiting the broadness of the foregoing language, Executive agrees to release Company from any and all claims under:
(1. ) local, state or federal common law, statute, regulation, ordinance or treaty;
(2) Title VII of the Civil Rights Act of 1964, as amended by 42 U.S.C. § 2000(e), et seq.
(3) 42 U.S.C. §§ 1981, 1981A, 1983 and 1985;
(4) the Civil Rights Americans with Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000, et seq.;
(5) the Federal Rehabilitation Act of 19911973;
(6) the Older Worker Benefit Protection Act, 29 U.S.C. §§ 621, et seq.;
(7) the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601, et seq.;
(8) Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 301, et seq.;
(9) the Health Insurance Portability Act;
(10) the Occupational and Safety Health Act;
(11) the Equal Pay Act;
(12) the Worker Adjustment and Retraining Notification Act;
(13) the Xxxxxxxx-Xxxxx Corporate Reform Act of 2002, 15 U.S.C. 7201, et seq.;
(14) Executive Orders 11246 and 11141;
(15) South Carolina Human Affairs Law;
(16) the South Carolina Payment of Wages Act;
(17) the South Carolina Xxxx of Rights for Handicapped Persons;
(18) the state workers’ compensation law, including S.C. Code Xxx. § 41-1-80;
(19) tort claims including, but not limited to, claims of wrongful termination, constructive discharge, defamation, invasion of privacy, interference with contract, interference with prospective economic advantage and intentional or negligent infliction of emotional distress and outrage;
(20) contract claims, whether express or implied;
(21) claims for unpaid wages, benefits or entitlements asserted under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., or under South Carolina wages and hours laws, including, but not limited to, the South Carolina Payment of Wages Act;
(22) claims for unpaid benefits or entitlements asserted under any Company plan, policy, benefits offering or program except as otherwise required by law;
(23) claims for attorneys’ fees, interest, expenses and costs, injunctive relief or reinstatement to which he is, claims to be or may be entitled; and
(24) the Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq.; each as amended, and all other such similar statutes, city or county ordinances or resolutions and laws of the State of South Carolina, provided, however, that nothing herein shall release the Company of its obligations to Executive under the Employment Agreement or any other contractual obligations between the Company or its affiliates and Executive, or any indemnification obligations to Executive under the Company’s bylaws, certificate of incorporation, South Carolina law or otherwise. Without waiving any prospective or retrospective rights under the Family and Medical Leave Act (“FMLA”) or the Fair Labor Standards Act (“FLSA”), Executive admits that he has received from the Company all rights and benefits, if any, potentially due to him pursuant to the FMLA or FLSA. It is the parties’ intent to release all claims, which can legally be released, but no more than that. Executive specifically agrees not to attempt to institute any proceedings or pursue any action pursuant to any laws (state, local, or federal) with any agency or in any jurisdiction (state, local or federal) based on employment with or termination from the Company except as required or protected by law. Executive covenants that he will in not way encourage or assist any person or entity (including, but not limited to, any past, present or future employee(s) of Company) to take part or participate in any legal or administrative action against Company, except as otherwise required or protected by law. Nothing in the Agreement shall be interpreted or applied in a manner that affects or limits Executive’s otherwise lawful ability to bring an administrative charge with the Equal Employment Opportunity Commission or other appropriate state or local comparable administrative agency; however, the parties agree that Executive has released Company from all liability arising from the laws, statutes and common law listed in paragraph 1 (except as set forth in this paragraph below, with respect to the Age Discrimination in Employment Act (“ADEA”)) and, as such, Executive is not and will not be entitled to any monetary or other comparable relief on his own behalf. Nothing in this Agreement shall be interpreted or applied in a manner that affects or limits Executive’s ability to challenge (with a lawsuit or administrative charge) the validity of Executive’s release of Company in this Agreement for age claims under the ADEA (which release is provided for in paragraph 2 of this Agreement). Other than a challenge to the validity of the release of ADEA claims under this Agreement, Executive has released Company from all liability with respect to the laws, statutes, and common law listed in paragraph 2, including the ADEA.
Appears in 1 contract
Release of the Company. Executive, for himself, his successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, assigns, representatives, and attorneys (the “Released Parties”), from any and all legal, administrative, and equitable claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, or liabilities of any nature whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without limiting the broadness of the foregoing language, Executive agrees to release Company from any and all claims under:
(1. ) local, state or federal common law, statute, regulation, ordinance or treaty;
(2) Title VII of the Civil Rights Act of 1964, as amended by 42 U.S.C. § 2000(e), et seq.
(3) 42 U.S.C. §§ 1981, l981A, 1983 and 1985;
(4) the Civil Rights Americans with Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000, et seq.;
(5) the Federal Rehabilitation Act of 19911973;
(6) the Older Worker Benefit Protection Act, 29 U.S.C. §§ 621, et seq.;
(7) the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601, et seq.;
(8) Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 301, et seq.;
(9) the Health Insurance Portability Act;
(10) the Occupational and Safety Health Act;
(11) the Equal Pay Act,
(12) the Worker Adjustment and Retraining Notification Act;
(13) the Saxbanes-Oxley Corporate Reform Act of 2002, 15 U.S.C. 7201. et seq.;
(14) Executive Orders 11246 and 11141;
(15) South Carolina Human Affairs Law;
(16) the South Carolina Payment of Wages Act;
(17) the South Carolina Xxxx of Rights for Handicapped Persons;
(18) the state workers’ compensation law, including S.C. Code Xxx. § 41-1-80;
(19) tort claims including, but not limited to, claims of wrongful termination, constructive discharge, defamation, invasion of privacy, interference with contract, interference with prospective economic advantage and intentional or negligent infliction of emotional distress and outrage;
(20) contract claims, whether express or implied;
(21) claims for unpaid wages, benefits or entitlements asserted under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., or under South Carolina wages and hours laws, including, but not limited to, the South Carolina Payment of Wages Act;
(22) claims for unpaid benefits or entitlements asserted under any Company plan, policy, benefits offering or program except as otherwise required by law;
(23) claims for attorneys’ fees, interest, expenses and costs, injunctive relief or reinstatement to which he is, claims to be or may be entitled; and
(24) the Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq.; each as amended, and all other such similar statutes, city or county ordinances or resolutions and laws of the State of South Carolina, provided, however, that nothing herein shall release the Company of its obligations to Executive under the Employment Agreement or any other contractual obligations between the Company or its affiliates and Executive, or any indemnification obligations to Executive under the Company’s bylaws, certificate of incorporation, South Carolina law, or otherwise. Without waiving any prospective or retrospective rights under the Family and Medical Leave Act (“FMLA”) or the Fair Labor Standards Act (“FLSA”), Executive admits that he has received from the Company all rights and benefits, if any, potentially due to him pursuant to the FMLA or FLSA. It is the parties’ intent in release all claims, which can legally be released, but no more than that. Executive specifically agrees not to attempt to institute any proceedings or pursue any action pursuant to any laws (state, local, or federal) with any agency or in any jurisdiction (state, local, or federal) based on employment with or termination from the Company except as required or protected by law. Executive covenants that he will in not way encourage or assist any person or entity (including, but not limited to, any past, present or future employee(s) of Company) to take part or participate in any legal or administrative action against Company, except as otherwise required or protected by law. Nothing in the Agreement shall be interpreted or applied in a manner that affects or limits Executive’s otherwise lawful ability to bring an administrative charge with the Equal Employment Opportunity Commission or other appropriate state or local comparable administrative agency; however, the parties agree that Executive has released Company from all liability arising from the laws, statutes, and common law listed in paragraph 1 (except as set forth in this paragraph below, with respect to the Age Discrimination in Employment Act (“ADEA”)) and, as such, Executive is not and will not be entitled to any monetary or other comparable relief on his own behalf. Nothing in this Agreement shall be interpreted or applied in a manner that affects or limits Executive’s ability to challenge (with a lawsuit or administrative charge) the validity of Executive’s release of Company in this Agreement for age claims under the ADEA (which release is provided for in paragraph 2 of this Agreement). Other than a challenge to the validity of the release of ADEA claims under this Agreement, Executive has released Company from all liability with respect to the laws, statutes, and common law listed in paragraph 2, including the ADEA.
Appears in 1 contract
Release of the Company. Executive, for himselfherself, his her successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his her rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, assigns, representatives, and attorneys (the “Released Parties”), from any and all legal, administrative, and equitable claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, or liabilities of any nature whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without limiting the broadness of the foregoing language, Executive agrees to release Company from any and all claims under:
1. Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991;
Appears in 1 contract
Release of the Company. Executive, for himselfherself, his her successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his her rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, assigns, representatives, and attorneys (the “Released Parties”), from any and all legal, administrative, and equitable claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, or liabilities of any nature whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without limiting the broadness of the foregoing language, Executive agrees to release Company from any and all claims under:
(1. ) local, state or federal common law, statute, regulation, ordinance or treaty;
(2) Title VII of the Civil Rights Act of 1964, as amended by 42 U.S.C. § 2000(e), et seq.
(3) 42 U.S.C. §§ 1981, 1981A, 1983 and 1985;
(4) the Civil Rights Americans with Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000, et seq.;
(5) the Federal Rehabilitation Act of 19911973;
(6) the Older Worker Benefit Protection Act, 29 U.S.C. §§ 621, et seq.;
(7) the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601, et seq.;
(8) Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 301, et seq.;
(9) the Health Insurance Portability Act;
(10) the Occupational and Safety Health Act;
(11) the Equal Pay Act;
(12) the Worker Adjustment and Retraining Notification Act;
(13) the Xxxxxxxx-Xxxxx Corporate Reform Act of 2002, 15 U.S.C. 7201, et seq.;
(14) Executive Orders 11246 and 11141;
(15) South Carolina Human Affairs Law;
(16) the South Carolina Payment of Wages Act;
(17) the South Carolina Xxxx of Rights for Handicapped Persons;
(18) the state workers’ compensation law, including S.C. Code Xxx. § 41-1-80;
(19) tort claims including, but not limited to, claims of wrongful termination, constructive discharge, defamation, invasion of privacy, interference with contract, interference with prospective economic advantage and intentional or negligent infliction of emotional distress and outrage;
(20) contract claims, whether express or implied;
(21) claims for unpaid wages, benefits or entitlements asserted under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., or under South Carolina wages and hours laws, including, but not limited to, the South Carolina Payment of Wages Act;
(22) claims for unpaid benefits or entitlements asserted under any Company plan, policy, benefits offering or program except as otherwise required by law;
(23) claims for attorneys’ fees, interest, expenses and costs, injunctive relief or reinstatement to which she is, claims to be or may be entitled; and
(24) the Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq.; each as amended, and all other such similar statutes, city or county ordinances or resolutions and laws of the State of South Carolina, provided, however, that nothing herein shall release the Company of its obligations to Executive under the Employment Agreement or any other contractual obligations between the Company or its affiliates and Executive, or any indemnification obligations to Executive under the Company’s bylaws, certificate of incorporation, South Carolina law, or otherwise. Without waiving any prospective or retrospective rights under the Family and Medical Leave Act (“FMLA”) or the Fair Labor Standards Act (“FLSA”), Executive admits that she has received from the Company all rights and benefits, if any, potentially due to her pursuant to the FMLA or FLSA. It is the parties’ intent to release all claims, which can legally be released, but no more than that. Executive specifically agrees not to attempt to institute any proceedings or pursue any action pursuant to any laws (state, local, or federal) with any agency or in any jurisdiction (state, local, or federal) based on employment with or termination from the Company except as required or protected by law. Executive covenants that she will in not way encourage or assist any person or entity (including, but not limited to, any past, present or future employee(s) of Company) to take part or participate in any legal or administrative action against Company, except as otherwise required or protected by law. Nothing in the Agreement shall be interpreted or applied in a manner that affects or limits Executive’s otherwise lawful ability to bring an administrative charge with the Equal Employment Opportunity Commission or other appropriate state or local comparable administrative agency; however, the parties agree that Executive has released Company from all liability arising from the laws, statutes, and common law listed in paragraph 1 (except as set forth in this paragraph below, with respect to the Age Discrimination in Employment Act (“ADEA”)) and, as such, Executive is not and will not be entitled to any monetary or other comparable relief on her own behalf. Nothing in this Agreement shall be interpreted or applied in a manner that affects or limits Executive’s ability to challenge (with a lawsuit or administrative charge) the validity of Executive’s release of Company in this Agreement for age claims under the ADEA (which release is provided for in paragraph 2 of this Agreement). Other than a challenge to the validity of the release of ADEA claims under this Agreement, Executive has released Company from all liability with respect to the laws, statutes, and common law listed in paragraph 2, including the ADEA
Appears in 1 contract
Release of the Company. Executivea. In consideration of the payments and benefits described in Paragraph 1 above, for himselfthe sufficiency of which is hereby acknowledged, except as otherwise expressly set forth in this Agreement, Bxxxxx, on behalf of himself and his successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, successors and assigns, representativesvoluntarily, knowingly, and attorneys willingly unconditionally releases and forever discharges the Company, its parents, subsidiaries and affiliates, the Company's benefit plans, programs and arrangements, and their administrators, functionaries and fiduciaries, together with all of the foregoing persons' or entities' present or former officers, directors, partners, shareholders, employees, and agents, Rxxxxx Xxxxxxxx, his family and associates, and each of the foregoing persons' or entities' predecessors, successors, and assigns, family members of the aforementioned people, and any other person with whom Bxxxxx has come in contact solely as a result of his employment with the Company (the collectively, “Released PartiesRelated Persons”), from any and all legalcharges, administrativecomplaints, claims (including claims for attorneys' fees and equitable claimscosts), actionspromises, agreements, controversies, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees action and costs, or liabilities demands of any nature whatsoever, in law known or in equityunknown, suspected or unsuspected, which Executive against them Bxxxxx or Bxxxxx'x heir, executors, administrators, successors or assigns ever had had, now have, or now has against the Released Partieshereafter can, including any claims arising shall, or may have by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, matter whatsoever arising from the beginning of time to the date of time this Release, whether known or unknown, that now exists, no matter how remotely they may be Agreement is executed by Bxxxxx related to or arising out of his employment, and the aforesaid termination thereof, by any of the Related Persons. This release includes, but is not limited to, any rights or claims relating in any way to Bxxxxx'x employment relationship with the Company, or the separation therefrom, any rights or claims relating to or arising under any statute or regulation, including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without limiting the broadness of the foregoing language, Executive agrees to release Company from any and all claims under:
1. Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991;, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Employee Retirement Income Security Act, the Equal Pay Act of 1963, 42 U.S.C. Section 1981, the Family and Medical Leave Act, each as amended, the New York State Human Rights Law, the New York City Human Rights Law, or any other federal, state or local law, regulation, ordinance or common law, or under any policy, agreement, understanding, or promise, written or oral, formal or informal, between the Company and Bxxxxx.
b. Xxxxxx acknowledges his understanding that by signing this Agreement he is giving up any right to become, and he is promising not to consent to become, a member of any class in a case in which claims are asserted against the Company or any Related Person that are related in any way to Bxxxxx'x employment with or termination of employment from the Company, and that involve events that occurred on or before the date he signed this Agreement. If, without his prior knowledge and consent, Bxxxxx is made a member of a class in any such proceeding, he will opt out of the class at the first opportunity afforded to him after learning of his inclusion. In this regard, Bxxxxx will execute, without objection or delay, an “opt-out” form presented to him either by the court in which such proceeding is pending or by counsel for the Company or any Related Person who is made a defendant in any such proceeding.
c. The foregoing Release does not preclude Bxxxxx from bringing an action to enforce (i) Bxxxxx'x right to receive any earned but unpaid salary, vacation pay or bonus payment, long term incentive payment, and expense reimbursement under the Employment Agreement dated as of .January 1, 2014, between MacAndrews & Forbes Holdings, Inc. (predecessor in interest to the Company) and Bxxxxx, as the same has been amended, modified or supplanted (the “Employment Agreement”), including, without limitation, under (x) the Fourth Amendment, and (y) Sections 2.2, 3.2 and 4.7 of the Fifth Amendment, to the Employment Agreement,' each in accordance with the terms and conditions set forth therein, or (ii) any health insurance benefits or continuation of benefits to which he may be entitled under any group health insurance plan or any other benefit plan of the Company or COBRA, (iii) his rights, if any, to indemnification and contribution in respect of claims asserted by third parties against him or the Company, or (iv) his rights to acquire ownership of the life insurance policy on his life contemplated by Appendix I to the Employment Agreement.
Appears in 1 contract
Samples: Executive Employment Agreement (Act II Global Acquisition Corp.)
Release of the Company. Executive, for himself, his successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, assigns, representatives, representatives and attorneys (the “Released Parties”), from any and all legal, administrative, and equitable claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, costs or liabilities of any nature whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, affiliates or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without limiting the broadness of the foregoing language, Executive agrees to release Company from any and all claims under:
1. Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991;
2. Section 1981 of the Civil Rights Act of 1866, as amended;
3. Executive Orders 11246, 13496 and 11141;
4. the Equal Pay Act of 1963;
5. the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA);
6. the Americans with Disabilities Act of 1990 and any amendments thereto, including the ADA Amendments Act of 2008;
7. the Rehabilitation Act of 1973;
8. the Employee Retirement and Income Security Act of 1974;
9. the Xxxxxxxx-Xxxxx Corporate Reform Act of 2002;
10. whistle-blower and/or retaliation claims or suits under the Xxxxxxxx-Xxxxx Act of 2002;
11. the Family and Medical Leave Act of 1993, as amended;
12. the Health Insurance Portability and Accountability Act of 1996 (HIPAA);
13. the Fair Labor Standards Act of 1938, as amended;
14. the Occupational Safety and Health Act;
15. the Uniformed Services Employment and Re-employment Act of 1994;
16. the Worker Adjustment and Retraining Notification Act;
17. the Xxxxx Xxxxxxxxx Fair Pay Act of 2009;
18. the Fair Credit Reporting Act;
19. state workers’ compensation law;
20. Consumer Credit Protection Act
21. Immigration Reform and Control Act of 1986;
22. National Labor Relations Act; 23. the Genetic Information Nondiscrimination Act of 2008;
Appears in 1 contract
Release of the Company. ExecutiveSubject to the terms of this Agreement and except as expressly set forth herein, and in exchange for himselfand as a part of the consideration set forth herein, the Individual and his successorsheirs, assigns, executors, executors and/or administrators, insuredsrepresentatives, attorneyslawyers, counselors, advisors, agents, and all those entitled to assert his rightsany entity in which the Individual has ownership in or controls, now individually and forever collectively, hereby releases fully release and discharges discharge the Company Company, including without limitation its past and its respective present subsidiaries, affiliates, officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators-in-interest, assigns, representatives, insurers, lawyers, counselors, advisors and attorneys (the “Released Parties”)agents, individually and collectively, of and from any and all legalconceivable known or unknown past, administrativepresent, and equitable or future liabilities, debts, claims, actions, causes of action, sums of money dueattorneys’ fees, suits, debts, liens, covenants, contracts, obligationsdemands for damages, costs, expensesindemnification (except as otherwise provided herein), damagescontribution, judgmentsor any other thing, agreementsof any kind or nature whatsoever, promisesfor which the Company has or may have (except as otherwise provided herein), or any contribution, whether certain or speculative, fully or partially accrued, inchoate, springing, contingent, questioned or doubtful, which the Individual has, may have, or has had at any time prior hereto, or which may be brought in the future in connection with any acts or omissions whether known or unknown which have occurred at any time prior to the Resignation Date, or in connection with any duties or functions for, or obligations of, any type to the Individual. Subject to the terms of this Agreement, the Individual covenants not to sue the Company for any matter or claim covered by this release and that any such lawsuit is a breach of this covenant and release. Without limiting the generality of the foregoing, the claims the Individual is waiving include, but are not limited to, (a) any claims, demands, claims for attorneys’ fees and costscauses of action alleging violations of public policy, or liabilities of any nature whatsoeverfederal, state, or local law, statute, regulation, executive order, or ordinance, or of any duties or other obligations of any kind or description arising in law or in equityequity under foreign, which Executive ever had federal, state, or now has against local law, regulation, ordinance, or public policy having any bearing whatsoever on the Released Parties, including any claims arising terms or conditions of the Individual’s employment with or by reason the Company or the termination of or in any way connected the Individual’s employment with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, association or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims transaction with or demands for any damage, loss or injury, which may be traced either directly or indirectly to by the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without limiting the broadness of the foregoing language, Executive agrees to release Company from any and Company; (b) all claims under:
1. of discrimination or harassment on the basis of age, sex, race, national origin, religion, sexual orientation, disability, veteran status or any other legally protected category; (c) all claims under any state law; (d) all claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Fair Labor Standards Act, the Genetic Information Nondiscrimination Act, 42 U.S.C. § 1981, and all other federal, state and local fair employment and anti-discrimination laws, all as amended; (e) all claims under the Worker Adjustment and Retraining Notification Act and similar state and local statutes, all as amended; (f) all claims under the National Labor Relations Act, as amended; (g) all claims under the Family and Medical Leave Act and other federal, state and local leave laws, all as amended; (h) all claims under the Employment Retirement Income Security Act, as amended by (except with respect to accrued vested benefits under any retirement or 401(k) plan in accordance with the Civil Rights terms of such plan and applicable law); (i) all claims under the False Claims Act, the Securities Exchange Act of 1991;1934, the Commodity Exchange Act, the Consumer Financial Protection Act, the American Recovery and Reinvestment Act, the Foreign Corrupt Practices Act, and the EU Competition Law, all as amended; (j) all claims under any principle of common law or sounding in tort or contract; (k) all claims concerning any right to reinstatement; (l) all claims under the Immigration Reform and Control Act; (m) all claims under the Fair Credit Reporting Act; (n) all claims under any state or local laws similar to the immediately aforementioned laws; and (o) all claims for attorneys’ fees, costs, damages or other relief (monetary, equitable or otherwise), whether under foreign, federal, state or local law, whether statutory, regulatory or common law, to the fullest extent permitted by law. Notwithstanding anything contained herein to the contrary, this release and covenant specifically exclude and shall not apply to (i) any obligations due the Individual pursuant to this Agreement for any Benefits; (ii) the Individual’s rights to coverage under any fiduciary and/or directors and officer insurance policy purchased or obtained by or on behalf of the Company under which the Individual is insured or to indemnification and/or advancement of legal fees and other costs under any contract, by-law or other arrangement that would cover the Individual (including as a fiduciary of any employee benefit plan) but for this release and covenant; (iii) claims with respect to any vested pension/401(k) benefits, any benefits under the Company’s Supplemental Executive Retirement Plan or any other vested benefit provided under any employee health and welfare plan of the Company or any of its affiliates or subsidiaries that the Individual may have as of the Resignation Date (including any benefits that vest in connection with or as a result of the Individual’s separation from the Company); (iv) any other claims that by law are non-waivable; (v) claims with respect to any reimbursement of any business expenses incurred in accordance with applicable Company policies on or prior to the Resignation Date; (vi) claims for breach of this Agreement or to enforce the terms of this Agreement; and (vii) claims relating to acts occurring after the Resignation Date.
Appears in 1 contract
Samples: General Release and Resignation Agreement (Vista Outdoor Inc.)
Release of the Company. Executive, for himself, his successors, assigns, executors, administrators, insureds, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, shareholders, stockholders, trustees, partners, joint ventures, board members, employees, agents, parent corporations, divisions, wholly or partially owned subsidiaries, affiliates, estates, predecessors, successors, heirs, executors, administrators, assigns, representatives, and attorneys (the “Released Parties”), from any and all legal, administrative, and equitable claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, or liabilities of any nature whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal, state or local statutes, except as provided in Paragraph 2. without Without limiting the broadness of the foregoing language, Executive agrees to release Company from any and all claims under:
1. Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991;
2. Section 1981 of the Civil Rights Act of 1866, as amended; 3. Executive Orders 11246, 13496 and 11141;
Appears in 1 contract