Common use of Release of Your Claims Clause in Contracts

Release of Your Claims. In consideration of receiving the severance benefits described in Section 2 of the Severance Agreement, you waive, release and promise never to assert any claims or causes of action, whether or not now known, against the Company or its predecessors, successors or past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns and employee benefit plans with respect to any matter, including (without limitation) any matter related to your employment with the Company or the termination of that employment, including (without limitation) claims to attorneys’ fees or costs, claims of wrongful discharge, constructive discharge, emotional distress, defamation, invasion of privacy, fraud, breach of contract or breach of the covenant of good faith and fair dealing and any claims of discrimination or harassment based on sex, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act and all other laws and regulations relating to employment. However, this release bars only those claims that arose prior to the execution of this Agreement. Execution of this Agreement does not bar: (a) Any claim that arises hereafter, including (without limitation) a claim for breach of this Agreement; (b) Any claim arising under Paragraph 2 of your offer letter from the Company dated April 10, 2002; (c) Any claim arising under the Indemnification Agreement dated October 3, 2002, between you and the Company, as amended (the “Indemnification Agreement”); or (d) Any claim to indemnification or advancement of expenses arising under the Company’s Amended and Restated Certificate of Incorporation, as amended (the “Certificate”), or the Company’s Amended and Restated Bylaws, as amended (the “Bylaws”).

Release of Your Claims. In consideration of receiving the severance benefits described in Section 2 of the Severance Agreement, you waive, release and promise never to assert any claims or causes of action, whether or not now known, against the Company or its predecessors, successors or past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns and employee benefit plans with respect to any matter, including (without limitation) any matter related to your employment with the Company or the termination of that employment, including (without limitation) claims to attorneys’ fees or costs, claims of wrongful discharge, constructive discharge, emotional distress, defamation, invasion of privacy, fraud, breach of contract or breach of the covenant of good faith and fair dealing and any claims of discrimination or harassment based on sex, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act and all other laws and regulations relating to employment. However, this release bars only those claims that arose prior to the execution of this Agreement. Execution of this Agreement does not bar: (a) Any claim that arises hereafter, including (without limitation) a claim for breach of this Agreement; (b) Any claim arising under Paragraph 2 of your offer letter from the Company dated April 10, 2002; (c) Any claim arising under the Indemnification Agreement dated October 34, 2002, between you and the Company, as amended (the “Indemnification Agreement”); (c) Any claim arising under the letter agreement dated July 18, 2001, between you and the Company or any related agreements, as amended (together, the “Other Agreements”); or (d) Any claim to indemnification or advancement of expenses arising under the Company’s Amended and Restated Certificate of Incorporation, as amended (the “Certificate”), or the Company’s Amended and Restated Bylaws, as amended (the “Bylaws”).

Release of Your Claims. In consideration of receiving the severance benefits described in Section 2 8 of the Severance Employment Agreement, you waive, release and promise never to assert any claims or causes of action, whether or not now known, against the Company or its predecessors, successors or past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns and employee benefit plans with respect to any matter, including (without limitation) any matter related to your employment with the Company or the termination of that employment, including (without limitation) claims to attorneys’ fees or costs, claims of wrongful discharge, constructive discharge, emotional distress, defamation, invasion of privacy, fraud, breach of contract or breach of the covenant of good faith and fair dealing and any claims of discrimination or harassment based on sex, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act and all other laws and regulations relating to employment. However, this release bars only those claims that arose prior to the execution of this Agreement. Execution of this Agreement does not bar: (a) Any claim that arises hereafter, including (without limitation) a claim for breach of this Agreement; (b) Any claim arising under Paragraph 2 of your offer letter from the Company dated April 10, 2002; (c) Any claim arising under the Indemnification Agreement dated October 3, 2002, between you and the Company, as amended (the “Indemnification Agreement”); or (dc) Any claim to indemnification or advancement of expenses arising under the Company’s Amended and Restated Certificate of Incorporation, as amended (the “Certificate”), or the Company’s Amended and Restated Bylaws, as amended (the “Bylaws”).

Release of Your Claims. In consideration of receiving the severance benefits described in Section 2 of the Severance Agreement, you waive, release and promise never to assert any claims or causes of action, whether or not now known, against the Company or its predecessors, successors or past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns and employee benefit plans with respect to any matter, including (without limitation) any matter related to your employment with the Company or the termination of that employment, including (without limitation) claims to attorneys’ fees or costs, claims of wrongful discharge, constructive discharge, emotional distress, defamation, invasion of privacy, fraud, breach of contract or breach of the covenant of good faith and fair dealing and any claims of discrimination or harassment based on sex, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act and all other laws and regulations relating to employment. However, this release bars only those claims that arose prior to the execution of this Agreement. Execution of this Agreement does not bar: (a) Any claim that arises hereafter, including (without limitation) a claim for breach of this Agreement; (b) Any claim arising under Paragraph 2 of your offer letter from the Company dated April 10, 2002; (c) Any claim arising under the Indemnification Agreement dated October 3September 11, 2002, between you and the Company, as amended (the “Indemnification Agreement”); or (dc) Any claim to indemnification or advancement of expenses arising under the Company’s Amended and Restated Certificate of Incorporation, as amended (the “Certificate”), or the Company’s Amended and Restated Bylaws, as amended (the “Bylaws”).

Release of Your Claims. In consideration of receiving the severance benefits described in Section 2 7 of the Severance Employment Agreement, you waive, release and promise never to assert any claims or causes of action, whether or not now known, against the Company or its predecessors, successors or past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns and employee benefit plans with respect to any matter, including (without limitation) any matter related to your employment with the Company or the termination of that employment, including (without limitation) claims to attorneys’ fees or costs, claims of wrongful discharge, constructive discharge, emotional distress, defamation, invasion of privacy, fraud, breach of contract or breach of the covenant of good faith and fair dealing and any claims of discrimination or harassment based on sex, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act and all other laws and regulations relating to employment. However, this release bars only those claims that arose prior to the execution of this Agreement. Execution of this Agreement does not bar: (a) Any claim that arises hereafter, including (without limitation) a claim for breach of this Agreement; (b) Any claim arising under Paragraph 2 of your offer letter from the Company dated April 10, 2002; (c) Any claim arising under the Indemnification Agreement dated October 3, 2002, between you and the Company, as amended (the “Indemnification Agreement”); or (db) Any claim to indemnification or advancement of expenses arising under the Company’s Amended and Restated Certificate of Incorporation, as amended (the “Certificate”), or the Company’s Amended and Restated Bylaws, as amended (the “Bylaws”).

Release of Your Claims. In consideration of for receiving the severance benefits described in Section 2 of above, to the Severance Agreementfullest extent permitted by law, you waive, release and promise never to assert any claims or causes of action, whether or not now known, against the Company or its predecessors, successors or past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns and employee benefit plans with respect to any matter, including (without limitation) any matter related to your employment with the Company or the termination of that employment, including (without limitation) claims to attorneys’ fees or costs, claims of wrongful discharge, constructive discharge, emotional distress, defamation, invasion of privacy, fraud, breach of contract or breach of the covenant of good faith and fair dealing and any claims of discrimination or harassment based on sex, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act and all other laws and regulations relating to employment. However, this release bars covers only those claims that arose prior to the execution of this AgreementAgreement and only those claims that may be waived by applicable law. Execution of this Agreement does not bar: (a) Any claim that arises hereafter; Xx. Xxxxxx Xxxxxxxxx November 16, including (without limitation) a claim for breach of this Agreement;2007 (b) Any claim arising under Paragraph 2 of your offer letter from the Company dated April 10, 2002; (c) Any claim arising under the Indemnification Agreement dated October 3April 30, 20022003, between you and the Company, as amended (the “Indemnification Agreement”); or; (dc) Any claim to indemnification or advancement of expenses arising under the Company’s Amended and Restated Certificate of Incorporation, as amended (the “Certificate”), or the Company’s Amended and Restated Bylaws, as amended (the “Bylaws”); or (d) Any claim to indemnification or advancement of expenses arising under Section 2802 of the California Labor Code or other State statutes.

Release of Your Claims. In consideration of receiving the severance benefits described in Section 2 6 of the Severance Employment Agreement, you waive, release and promise never to assert any claims or causes of action, whether or not now known, against the Company or its predecessors, successors or past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns and employee benefit plans with respect to any matter, including (without limitation) any matter related to your employment with the Company or the termination of that employment, including (without limitation) claims to attorneys’ fees or costs, claims of wrongful discharge, constructive discharge, emotional distress, defamation, invasion of privacy, fraud, breach of contract or breach of the covenant of good faith and fair dealing and any claims of discrimination or harassment based on sex, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act and all other laws and regulations relating to employment. However, this release bars only those claims that arose prior to the execution of this Agreement. Execution of this Agreement does not bar: (a) Any claim that arises hereafter, including (without limitation) a claim for breach of this Agreement; (b) Any claim arising under Paragraph 2 of your offer letter from the Company dated April 10, 2002; (c) Any claim arising under the Indemnification Agreement dated October 3, 2002, any indemnification agreement between you and the Company, as amended Company (the “Indemnification Agreement”); or (dc) Any claim to indemnification or advancement of expenses arising under the Company’s Amended and Restated Certificate of Incorporation, as amended (the “Certificate”), or the Company’s Amended and Restated Bylaws, as amended (the “Bylaws”).

Release of Your Claims. In consideration of receiving the severance payments and other benefits described in Section 2 of the Severance Agreement, you waive, release and promise never to assert any claims or causes of action, whether or not now known, against the Company or its predecessors, successors or past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns and employee benefit plans with respect to any matter, including (without limitation) any matter related to your employment with the Company or the termination of that employment, including (without limitation) claims to attorneys’ fees or costs, claims of wrongful discharge, constructive discharge, emotional distress, defamation, invasion of privacy, fraud, breach of contract or breach of the covenant of good faith and fair dealing and any claims of discrimination or harassment based on sex, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act and all other laws and regulations relating to employment. However, this release bars only those claims that arose prior to the execution of this Agreement. Execution of this Agreement does not bar: (a) Any claim that arises hereafter, including (without limitation) a claim for breach of this Agreement; (b) Any claim arising under Paragraph 2 of your offer letter from the Company dated April 10, 2002; (c) Any claim arising under the Indemnification Agreement dated October 3April 30, 20022003, between you and the Company, as amended (the “Indemnification Agreement”); or; (dc) Any claim to indemnification or advancement of expenses arising under the Company’s Amended and Restated Certificate of Incorporation, as amended (the “Certificate”), or the Company’s Amended and Restated Bylaws, as amended (the “Bylaws”); or (d) Any claim to indemnification or advancement of expenses arising under applicable State statutes.

Release of Your Claims. In consideration of receiving the severance payments and other benefits described in Section 2 of the Severance Agreement, you waive, release and promise never to assert any claims or causes of action, whether or not now known, against the Company or its predecessors, successors or past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns and employee benefit plans with respect to any matter, including (without limitation) any matter related to your employment with the Company or the termination of that employment, including (without limitation) claims to attorneys’ fees or costs, claims of wrongful discharge, constructive discharge, emotional distress, defamation, invasion of privacy, fraud, breach of contract or breach of the covenant of good faith and fair dealing and any claims of discrimination or harassment based on sex, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act and all other laws and regulations relating to employment. However, this release bars only those claims that arose prior to the execution of this Agreement. Execution of this Agreement does not bar: (a) Any claim that arises hereafter, including (without limitation) a claim for breach of this Agreement; (b) Any claim arising under Paragraph 2 of your offer letter from the Company dated April 10, 2002; (c) Any claim arising under the Indemnification Agreement dated October 3June 8, 20022001, between you and the Company, as amended (the “Indemnification Agreement”); or; (dc) Any claim to indemnification or advancement of expenses arising under the Company’s Amended and Restated Certificate of Incorporation, as amended (the “Certificate”), or the Company’s Amended and Restated Bylaws, as amended (the “Bylaws”); or (d) Any claim to indemnification or advancement of expenses arising under applicable State statutes.