Common use of Release of Your Claims Clause in Contracts

Release of Your Claims. By signing this Letter Agreement, you, on behalf of yourself and your heirs, executors, administrators and assigns, in consideration of the payments and benefits provided to you by the Company pursuant to this Letter Agreement, knowingly and voluntarily waive, terminate, cancel, release and discharge forever the Company, its subsidiaries, affiliates, officers, directors, employees, members, attorneys and agents and their predecessors, successors and assigns, individually and in their official capacities (together, the “Released Parties”) from any and all actions, causes of action, claims, allegations, rights, obligations, liabilities, or charges (collectively, “Claims”) that you (or your heirs, executors, administrators, successors and assigns) has or may have, whether known or unknown, by reason of any matter, cause or thing occurring at any time before and including the date you execute (or reaffirm) this release arising under or in connection with your employment or termination of employment with the Company and its affiliates (together, as constituted from time to time, the “Group”), including, without limitation: claims for any cash or equity compensation or bonuses, whether or not paid under any Company compensation plan or arrangement; breach of contract; tort; wrongful, abusive, unfair, constructive, or unlawful discharge or dismissal; impairment of economic opportunity defamation; age and national origin discrimination; sexual harassment; back pay; front pay; benefits; attorneys’ fees; whistleblower claims; emotional distress; intentional infliction of emotional distress; assault; battery, pain and suffering; punitive or exemplary damages; violations of the Equal Pay Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 (“ADEA”), the Americans with Disabilities Act of 1991, the Employee Retirement Income Security Act, the Worker Adjustment Retraining and Notification Act, the Family Medical Leave Act, including all amendments to any of the aforementioned acts; and violations of any other federal, state, or municipal fair employment statutes or laws, including, without limitation, violations of any other law, rule, regulation, or ordinance pertaining to employment, wages, compensation, hours worked, or any other matters related in any way to your employment with the Group or the termination of that employment. In addition, in consideration of the provisions of this Letter Agreement, you further agree to waive any and all rights under the laws of any jurisdiction in the United States, or any other country, that limit a general release to those claims that are known or suspected to exist in your favor as of the date you execute (or reaffirm) this release. This release of Claims will not, however, apply to any obligation of the Company pursuant to this Letter Agreement, any rights or claims you may have as a shareholder of the Company, any rights to indemnification from the Company you may have, any rights to continuing directors’ and officers’ liability insurance to the same extent as the Company covers its other officers and directors, any rights that you may have to obtain contribution in the event of the entry of judgment against yourself as a result of any act or failure to act for which both you and the Company are jointly responsible or any benefit to which you are entitled under any tax qualified pension plan of the Company or its affiliates, COBRA continuation coverage benefits, vested benefits under any other benefit plans of the Company or its affiliates or any other welfare benefits required to be provided by statute (claims with respect thereto, collectively, “Excluded Claims”), and will not impede your right to raise any claim pursuant to any Federal whistleblower law or regulation.

Appears in 1 contract

Samples: Letter Agreement (Stonegate Mortgage Corp)

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Release of Your Claims. By signing In consideration for, among other terms, the payments, benefits and opportunities described in this Letter Agreement, you, on behalf of yourself and your heirs, executors, administrators and assigns, in consideration of the payments and benefits provided you hereby agree to you by the Company pursuant to this Letter Agreement, knowingly and voluntarily waive, terminate, cancel, personally release and forever discharge forever the Company, its subsidiariesaffiliated and related entities, affiliates, officers, directors, employees, members, attorneys and agents its and their respective predecessors, successors and assigns, individually its and their respective employee benefit plans and fiduciaries of such plans, and the current and former officers, directors, shareholders, employees, attorneys, accountants and agents of each of the foregoing in their official and personal capacities (together, collectively referred to as the “Released PartiesReleasees”) generally from any and all actions, causes of action, claims, allegationsdemands, rightsdebts, obligationsdamages and liabilities of every name and nature, liabilities, known or charges unknown (collectively, “Claims”) that that, as of the date when you (or your heirssign this Agreement, executors, administrators, successors and assigns) has or may you have, whether known ever had, now claim to have, or unknownever claimed to have had against any or all of the Releasees. This release includes, by reason of any matterwithout limitation, cause or thing occurring at any time before and including the date you execute (or reaffirm) this release arising under or in connection with all Claims: relating to your employment or termination of by and the decision to terminate your employment with the Company and its affiliates Company; of wrongful discharge; of breach of contract, including without limitation, breach of the Employment Agreement; of retaliation or discrimination under federal, state or local law (together, as constituted from time to time, the “Group”), including, without limitation: claims for any cash , Claims of discrimination or equity compensation or bonusesretaliation, whether or not paid under any Company compensation plan or arrangement; breach of contract; tort; wrongful, abusive, unfair, constructive, or unlawful discharge or dismissal; impairment of economic opportunity defamation; age and national origin discrimination; sexual harassment; back pay; front pay; benefits; attorneys’ fees; whistleblower claims; emotional distress; intentional infliction of emotional distress; assault; battery, pain and suffering; punitive or exemplary damages; violations of the Equal Pay Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, 1964 and the Age Discrimination in Employment Act of 1967 (“ADEA”)); under any other federal or state statute; of defamation or other torts; of violation of public policy; for wages, bonuses, incentive compensation, commissions, stock, stock options, vacation pay or any other compensation or benefits including, without limitation, pursuant to the Americans with Disabilities Act of 1991, the Employee Retirement Income Security Massachusetts Wage Act, the Worker Adjustment Retraining and Notification Act, the Family Medical Leave Act, including all amendments to any of the aforementioned acts; and violations for damages or other remedies of any other federal, state, or municipal fair employment statutes or lawssort, including, without limitation, violations of any other lawcompensatory damages, rulepunitive damages, regulation, or ordinance pertaining to employment, wages, compensation, hours worked, or any other matters related in any way to your employment with the Group or the termination of that employment. In addition, in consideration of the provisions of this Letter Agreement, you further agree to waive any injunctive relief and all rights under the laws of any jurisdiction in the United States, or any other country, that limit a general release to those claims that are known or suspected to exist in your favor as of the date you execute (or reaffirm) this release. This release of Claims will notattorney’s fees; provided, however, apply that this release shall not affect, waive or release your rights under this Agreement. Xxxxx Xxxxxx Xxxxxx August 31, 2016 Future Cooperation You agree to any obligation of cooperate reasonably with the Company pursuant to this Letter Agreement(including its outside counsel) in connection with the contemplation, any rights or claims prosecution and defense of all phases of existing, past and future litigation about which the Company believes you may have knowledge or information, including without limitation the matter captioned In re: Certain Recombinant Factor VIII Products, USITC Investigation No. 337-TA-956, in which Repligen was served with certain non-party subpoenas and Xx. Xxxxxx provided deposition testimony as a shareholder Repligen’s corporate representative. You agree to make yourself available during and outside of the Company, any rights to indemnification from regular business hours for such cooperation; provided that the Company shall not utilize this paragraph to require you to make yourself available to an extent that would unreasonably interfere with any subsequent employment responsibilities that you may have, . You agree to appear without the necessity of a subpoena to testify truthfully in any rights to continuing directors’ and officers’ liability insurance to the same extent as legal proceedings in which the Company covers its other officers and directors, any rights that calls you may have to obtain contribution in the event of the entry of judgment against yourself as a result witness. In connection with fulfilling your obligations under this Section your pre-approved, out of any act or failure to act for which both you pocket and reasonable expenses will be reimbursed by the Company are jointly responsible or any benefit to which and you are entitled under any tax qualified pension plan will be compensated for your reasonable time spent at the rate of the Company or its affiliates, COBRA continuation coverage benefits, vested benefits under any other benefit plans of the Company or its affiliates or any other welfare benefits required to be provided by statute (claims with respect thereto, collectively, “Excluded Claims”), and will not impede your right to raise any claim pursuant to any Federal whistleblower law or regulation$200 per hour.

Appears in 1 contract

Samples: Separation Agreement (Repligen Corp)

Release of Your Claims. By signing In consideration for, among other terms, the consideration for which you are eligible under this Letter Agreement, youincluding without limitation your eligibility for the Transition Period and Advisor Payments, on behalf to each of yourself which you acknowledge you would otherwise not be entitled, and your heirsother good and valuable consideration, executors, administrators and assigns, in consideration of the payments and benefits provided to you by the Company pursuant to this Letter Agreement, knowingly and voluntarily waive, terminate, cancel, release and forever discharge forever the Company, its subsidiariesaffiliated and related entities, affiliates, officers, directors, employees, members, attorneys and agents its and their respective predecessors, successors and assigns, individually its and their respective employee benefit plans and fiduciaries of such plans, and the current and former officers, directors, shareholders, managers, employees, members, investors, attorneys, accountants, and agents of each of the foregoing in their official and personal capacities (together, collectively referred to as the “Released PartiesReleasees”) generally from any and all claims, charges, complaints, obligations, promises, agreements, demands, actions, causes of action, claims, allegationssuits, rights, obligationscosts, liabilitieslosses, or charges (collectivelydebts, “Claims”) that you (or your heirsdamages, executorsand liabilities of every name and nature, administrators, successors and assigns) has or may have, whether known or unknown, by reason of any mattersuspected or unsuspected (“Claim” or “Claims”), cause which you now have, own or thing occurring hold, or claim to have, own and hold, or which you at any time before and including heretofore had, owned or held, or claimed to have had, owned or held, or which you at any time hereafter may have, own or hold, or claim to have, own or hold, against any or all of the Releasees relating to any event, act, or omission that has occurred prior to or as of the date when you execute (or reaffirm) sign this Agreement. This release arising under or in connection with includes, without limitation, all Claims: • relating to your employment or by and termination of employment with the Company and its affiliates Company; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (together, as constituted from time to time, the “Group”), including, without limitation: claims for , Claims of age discrimination or retaliation under the Age Discrimination in Employment Act (the “ADEA”), any cash other Claim under the ADEA, Claims of disability discrimination or equity compensation or bonuses, whether or not paid retaliation under any Company compensation plan or arrangement; breach of contract; tort; wrongful, abusive, unfair, constructive, or unlawful discharge or dismissal; impairment of economic opportunity defamation; age and national origin discrimination; sexual harassment; back pay; front pay; benefits; attorneys’ fees; whistleblower claims; emotional distress; intentional infliction of emotional distress; assault; battery, pain and suffering; punitive or exemplary damages; violations of the Equal Pay Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 19641964 and claims of discrimination or retaliation under Massachusetts General Law c.151B; • under any other federal or state statute; • under the Executive Agreement or the Employment Agreement; • of defamation or other torts; xXxxxx.xxx iRobot Corporation | 0 Xxxxxx Xxxxx, Bedford MA 01730 | 781.430.3000 • of violation of public policy; • for wages, bonuses, incentive compensation, commissions, stock, stock options, other equity rights, vacation pay, severance pay or any other compensation or benefits, whether under the Civil Rights Massachusetts Wage Act of 1991, or otherwise; • related to the Age Discrimination in Employment Act of 1967 (“ADEA”), the Americans with Disabilities Act of 1991, the Employee Retirement Income Security Act, the Worker Adjustment Retraining and Notification Act, the Family Medical Leave Act, including all amendments to any of the aforementioned actsTransaction; and violations • for damages or other remedies of any other federal, state, or municipal fair employment statutes or lawssort, including, without limitation, violations of any other lawcompensatory damages, rulepunitive damages, regulationinjunctive relief and attorney’s fees; provided, or ordinance pertaining to employmenthowever, wages, compensation, hours worked, or any other matters related in any way to this release shall not affect your employment with the Group or the termination of that employment. In addition, in consideration of the provisions of this Letter Agreement, you further agree to waive any and all vested rights under the laws of any jurisdiction in the United StatesCompany’s Section 401(k) plan, or any other country, that limit a general release to those claims that are known or suspected to exist in your favor as of the date you execute (or reaffirm) this release. This release of Claims will not, however, apply to any obligation of the Company pursuant to this Letter Agreement, any rights or claims to indemnification and/or defense you may have as a shareholder or might have against the Company under any written agreement or written policy of the Company, any rights to indemnification from the Company you may have, any rights to continuing directors’ and officers’ liability insurance to the same extent as the Company covers its other officers and directors, any rights that you may have to obtain contribution in the event of the entry of judgment against yourself as a result of any act or failure to act for which both you and the Company are jointly responsible or any benefit to which you are entitled under any tax qualified pension plan of the Company applicable statute, or its affiliates, COBRA continuation coverage benefits, vested benefits your rights under any other benefit plans of the Company or its affiliates or any other welfare benefits required to be provided by statute (claims with respect thereto, collectively, “Excluded Claims”), and will not impede your right to raise any claim pursuant to any Federal whistleblower law or regulationthis Agreement.

Appears in 1 contract

Samples: Irobot Corp

Release of Your Claims. By signing this Letter AgreementIn consideration of, youamong other terms, on behalf of yourself and your heirs, executors, administrators and assigns, in consideration of the payments and benefits provided described in Section 2, the extent to which you by the Company pursuant to this Letter Agreementacknowledge you would otherwise not be entitled, knowingly and you voluntarily waive, terminate, cancel, release and forever discharge forever the Company, its subsidiariesaffiliated and/or related entities, affiliates, officers, directors, employees, members, attorneys and agents its and their respective predecessors, successors and assigns, individually its and their respective employee benefit plans and fiduciaries of such plans, and the current and former officers, directors, shareholders (but solely in their capacity as shareholders), employees, attorneys, accountants and agents of each of the foregoing, and except as to shareholders, in their official and personal capacities (together, collectively referred to as the “Released PartiesReleasees”) generally from any and all actions, causes of action, claims, allegationsdemands, rightsdebts, obligationsdamages and liabilities of every name and nature, liabilities, known or charges unknown (collectively, “Claims”) that ), that, as of the date when you (or your heirssign this Agreement, executors, administrators, successors and assigns) has or may you have, whether known ever had, now claim to have or unknownever claimed to have had against any or all of the Releasees. This release includes, by reason of any matterwithout limitation, cause or thing occurring at any time before and including the date you execute (or reaffirm) this release arising under or in connection with all Claims: • relating to your employment or termination of employment by and separation from service with the Company and its affiliates Company; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (together, as constituted from time to time, the “Group”), including, without limitation: claims for any cash , Claims of age discrimination or equity compensation or bonuses, whether or not paid retaliation under any Company compensation plan or arrangement; breach of contract; tort; wrongful, abusive, unfair, constructive, or unlawful discharge or dismissal; impairment of economic opportunity defamation; age and national origin discrimination; sexual harassment; back pay; front pay; benefits; attorneys’ fees; whistleblower claims; emotional distress; intentional infliction of emotional distress; assault; battery, pain and suffering; punitive or exemplary damages; violations of the Equal Pay Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 19641964 and Claims of discrimination or retaliation under Mass. Gen. Laws ch. 151B); • under any other federal or state statute (including, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 (“ADEA”), the Americans with Disabilities Act of 1991but not limited to, the Employee Retirement Income Security ActAct of 1974, the Worker Adjustment Retraining and Notification Actas amended); • of defamation or other torts; • of violation of public policy; • for wages, the Family Medical Leave Actbonuses, including all amendments to incentive compensation, stock, stock options, vacation pay or any of the aforementioned actsother compensation or benefits; and violations • for damages or other remedies of any other federal, state, or municipal fair employment statutes or lawssort, including, without limitation, violations compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect your rights as a terminated employee as of the Separation Date under the Company’s benefit and incentive plans and governing practices, including, but not limited to, your stock option, outperformance award, restricted stock, LTIP Units, operating units, deferred compensation, employee stock purchase and 401K plans or programs, or your rights under this Agreement. This release will also not release the following claims: (a) any claim to enforce this Agreement or for breach of this Agreement; (b) any claim for vested benefits pursuant to any Employee Retirement Income Security Act (ERISA) plan; (c) any counterclaim against any individual released in this Agreement (but not the Company) who first files any claim against you; and (d) any claim for Workers’ Compensation benefits or COBRA benefits. You agree that you shall not seek or accept damages of any nature, other lawequitable or legal remedies for your own benefit, rule, regulation, attorney’s fees or ordinance pertaining to employment, wages, compensation, hours worked, or costs from any other matters related in any way to your employment with the Group or the termination of that employment. In addition, in consideration of the provisions of Releasees with respect to any Claim released by this Letter Agreement. As a material inducement to the Company to enter into this Agreement, you further agree to waive any and all rights under the laws of any jurisdiction in the United States, or any other country, represent that limit a general release to those claims that are known or suspected to exist in your favor as of the date you execute (or reaffirm) this release. This release of Claims will not, however, apply have not assigned to any obligation of the Company pursuant to third party and you have not filed with any agency or court any Claim released by this Letter Agreement. Mr. E. Xxxxxxxx Xxxxxxxx February 13, any rights or claims you may have as a shareholder of the Company, any rights to indemnification from the Company you may have, any rights to continuing directors’ and officers’ liability insurance to the same extent as the Company covers its other officers and directors, any rights that you may have to obtain contribution in the event of the entry of judgment against yourself as a result of any act or failure to act for which both you and the Company are jointly responsible or any benefit to which you are entitled under any tax qualified pension plan of the Company or its affiliates, COBRA continuation coverage benefits, vested benefits under any other benefit plans of the Company or its affiliates or any other welfare benefits required to be provided by statute (claims with respect thereto, collectively, “Excluded Claims”), and will not impede your right to raise any claim pursuant to any Federal whistleblower law or regulation.2012

Appears in 1 contract

Samples: Boston Properties Inc

Release of Your Claims. By signing this Letter AgreementYou, you, on behalf of for yourself and your heirs, executorsbeneficiaries, executors and administrators (collectively referred to as the “Xxxxxxx Releasors”), voluntarily release, forever discharge and assigns, in consideration of the payments and benefits provided to you by the Company pursuant to this Letter Agreement, knowingly and voluntarily waive, terminate, cancel, release and discharge forever indemnify the Company, its subsidiariesaffiliated and related entities, affiliates, officers, directors, employees, members, attorneys and agents its and their respective predecessors, successors and assigns, individually its and their respective employee benefit plans and fiduciaries of such plans, and the current and former officers, directors, shareholders, members, employees, attorneys, accountants and agents of each of the foregoing in their official and personal capacities (together, collectively referred to as the “Released PartiesCompany Releasees”) generally from any and all actions, causes of action, claims, allegationsdemands, rightsdebts, obligationsdamages and liabilities of every name and nature, liabilities, or charges (collectively, “Claims”) that you (or your heirs, executors, administrators, successors and assigns) has or may have, whether known or unknown, by reason (collectively “Claims” and each singularly “Claim”) that, as of any matter, cause or thing occurring at any time before and including the date when you execute (sign this Agreement, any of the Xxxxxxx Releasors has, ever had, claims to have, or reaffirm) this ever claimed to have had against any or all of the Company Releasees. This release arising under or in connection with includes, without limitation, all Claims: • relating to your employment or by and termination of employment with the Company and its affiliates Company; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (together, as constituted from time to time, the “Group”), including, without limitation: claims for any cash , Claims of age discrimination or equity compensation or bonuses, whether or not paid retaliation under any Company compensation plan or arrangement; breach of contract; tort; wrongful, abusive, unfair, constructive, or unlawful discharge or dismissal; impairment of economic opportunity defamation; age and national origin discrimination; sexual harassment; back pay; front pay; benefits; attorneys’ fees; whistleblower claims; emotional distress; intentional infliction of emotional distress; assault; battery, pain and suffering; punitive or exemplary damages; violations of the Equal Pay Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, and Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964); • under any other federal or state statute; • of defamation or other torts; • of violation of public policy; • for wages, the Civil Rights Act of 1991bonuses, the Age Discrimination in Employment Act of 1967 (“ADEA”)incentive compensation, the Americans with Disabilities Act of 1991stock, the Employee Retirement Income Security Actstock options, the Worker Adjustment Retraining and Notification Act, the Family Medical Leave Act, including all amendments to vacation pay or any of the aforementioned actsother compensation or benefits; and violations • for damages or other remedies of any other federal, state, or municipal fair employment statutes or lawssort, including, without limitation, violations compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect your vested rights under the Company’s Section 401(k) plan, your rights referenced in the second paragraph of any other law, rule, regulationthis letter, or ordinance pertaining to employmentyour rights referenced or set forth in this Agreement. Notwithstanding the foregoing, wages, compensation, hours worked, if any Company Releasee initiates any form of litigation against you or any other matters related in Xxxxxxx Releasor based on any way to Claim that arose before the Company signed this Agreement, your employment with the Group or the termination release of that employmentCompany Releasee shall be of no further force or effect; provided that this shall not affect your release of other Company Releasees. In additionYou agree that you shall not seek or accept damages of any nature, in consideration other equitable or legal remedies for your own benefit, attorney’s fees, or costs from any of the provisions of Releasees with respect to any Claim released by this Letter Agreement. As a material inducement to the Company to enter into this Agreement, you further agree to waive any and all rights under the laws of any jurisdiction in the United States, or any other country, represent that limit a general release to those claims that are known or suspected to exist in your favor as of the date you execute (or reaffirm) this release. This release of Claims will not, however, apply have not assigned to any obligation of the Company pursuant to third party and you have not filed with any agency or court any Claim released by this Letter Agreement, any rights or claims you may have as a shareholder of the Company, any rights to indemnification from the Company you may have, any rights to continuing directors’ and officers’ liability insurance to the same extent as the Company covers its other officers and directors, any rights that you may have to obtain contribution in the event of the entry of judgment against yourself as a result of any act or failure to act for which both you and the Company are jointly responsible or any benefit to which you are entitled under any tax qualified pension plan of the Company or its affiliates, COBRA continuation coverage benefits, vested benefits under any other benefit plans of the Company or its affiliates or any other welfare benefits required to be provided by statute (claims with respect thereto, collectively, “Excluded Claims”), and will not impede your right to raise any claim pursuant to any Federal whistleblower law or regulation.

Appears in 1 contract

Samples: Boston Private Financial Holdings Inc

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Release of Your Claims. By signing this Letter AgreementIn consideration for, youamong other terms, on behalf of yourself and your heirs, executors, administrators and assigns, in consideration of the payments and benefits provided described in Section 2, to which you by the Company pursuant to this Letter Agreementacknowledge you would otherwise not be entitled, knowingly and you voluntarily waive, terminate, cancel, release and forever discharge forever the Company, its subsidiariesaffiliated and related entities, affiliates, officers, directors, employees, members, attorneys and agents its and their respective predecessors, successors and assigns, individually its and their respective employee benefit plans and fiduciaries of such plans, and the current and former officers, directors, shareholders, employees, attorneys, accountants and agents of each of the foregoing in their official and personal capacities (together, collectively referred to as the “Released PartiesReleasees”) generally from any and all actions, causes of action, claims, allegationsdemands, rightsdebts, obligationsdamages and liabilities of every name and nature, liabilities, known or charges unknown (collectively, “Claims”) that that, as of the date when you (or your heirssign this Agreement, executors, administrators, successors and assigns) has or may you have, whether known ever had, now claim to have or unknownever claimed to have had against any or all of the Releasees. This release includes, by reason of any matterwithout limitation, cause or thing occurring at any time before and including the date you execute (or reaffirm) this release arising under or in connection with all Claims: · relating to your employment or by the Company and the termination of your employment with the Company Company; · of wrongful discharge; · of breach of contract, including, but not limited to, breach of the Employment Agreement between you and its affiliates Xxxxxxx Technologies, Inc. dated September 15, 2004 (together, as constituted from time to time, the “GroupEmployment Agreement”); · of retaliation or discrimination under federal, state or local law (including, without limitation: claims for any cash , Claims of age discrimination or equity compensation or bonuses, whether or not paid retaliation under any Company compensation plan or arrangement; breach of contract; tort; wrongful, abusive, unfair, constructive, or unlawful discharge or dismissal; impairment of economic opportunity defamation; age and national origin discrimination; sexual harassment; back pay; front pay; benefits; attorneys’ fees; whistleblower claims; emotional distress; intentional infliction of emotional distress; assault; battery, pain and suffering; punitive or exemplary damages; violations of the Equal Pay Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 19641964 and/or Claims brought pursuant to the Connecticut Human Rights Law); · under any other federal or state statute (including, the Civil Rights Act of 1991without limitation, the Age Discrimination in Employment Act of 1967 (“ADEA”), the Americans with Disabilities Act of 1991, the Employee Retirement Income Security Act, Claims under the Worker Adjustment and Retraining and Notification Act); · of defamation or other torts; · of violation of public policy; · for wages, the Family Medical Leave Actbonuses, including all amendments to incentive compensation, stock, stock options, vacation pay or any of the aforementioned actsother compensation or benefits; and violations · for damages or other remedies of any other federal, state, or municipal fair employment statutes or lawssort, including, without limitation, violations compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect your vested rights under the Company’s Section 401(k) plan or your rights under this Agreement. You agree that you shall not seek or accept damages of any nature, other lawequitable or legal remedies for your own benefit, rule, regulationattorney’s fees, or ordinance pertaining to employment, wages, compensation, hours worked, or costs from any other matters related in any way to your employment with the Group or the termination of that employment. In addition, in consideration of the provisions of Releasees with respect to any Claim released by this Letter Agreement. As a material inducement to the Company to enter into this Agreement, you further agree to waive any and all rights under the laws of any jurisdiction in the United States, or any other country, represent that limit a general release to those claims that are known or suspected to exist in your favor as of the date you execute (or reaffirm) this release. This release of Claims will not, however, apply have not assigned to any obligation of the Company pursuant to third party and you have not filed with any agency or court any Claim released by this Letter Agreement, any rights or claims you may have as a shareholder of the Company, any rights to indemnification from the Company you may have, any rights to continuing directors’ and officers’ liability insurance to the same extent as the Company covers its other officers and directors, any rights that you may have to obtain contribution in the event of the entry of judgment against yourself as a result of any act or failure to act for which both you and the Company are jointly responsible or any benefit to which you are entitled under any tax qualified pension plan of the Company or its affiliates, COBRA continuation coverage benefits, vested benefits under any other benefit plans of the Company or its affiliates or any other welfare benefits required to be provided by statute (claims with respect thereto, collectively, “Excluded Claims”), and will not impede your right to raise any claim pursuant to any Federal whistleblower law or regulation.

Appears in 1 contract

Samples: Clayton Holdings Inc

Release of Your Claims. By signing this Letter In consideration for, among other terms, your eligibility for the Severance Benefits under the Executive Agreement, youand other good and valuable consideration, on behalf of yourself and your heirs, executors, administrators and assigns, in consideration of the payments and benefits provided to you by the Company pursuant to this Letter Agreement, knowingly and voluntarily waive, terminate, cancel, release and forever discharge forever the Company, its subsidiariesaffiliated and related entities, affiliates, officers, directors, employees, members, attorneys and agents its and their respective predecessors, successors and assigns, individually its and their respective employee benefit plans and fiduciaries of such plans, and the current and former officers, directors, shareholders, managers, employees, members, investors, attorneys, accountants and agents of each of the foregoing in their official and personal capacities (together, collectively referred to as the “Released PartiesReleasees”) generally from any and all claims, charges, complaints, obligations, promises, agreements, demands, actions, causes of action, claims, allegationssuits, rights, obligationscosts, liabilitieslosses, or charges (collectivelydebts, “Claims”) that you (or your heirsdamages, executorsand liabilities of every name and nature, administrators, successors and assigns) has or may have, whether known or unknown, by reason of any mattersuspected or unsuspected (“Claim” or “Claims”), cause which you now have, own or thing occurring hold, or claim to have, own and hold, or which you at any time before and including heretofore had, owned or held, or claimed to have had, owned or held, or which you at any time hereafter may have, own or hold, or claim to have, own or hold, against any or all of the Releasees relating to any event, act, or omission that has occurred prior to or as of the date when you execute (or reaffirm) sign this Agreement. This release arising under or in connection with includes, without limitation, all Claims: • relating to your employment or by and termination of employment with the Company; • of wrongful discharge; • of breach of contract; • under or related to the Executive Agreement; • under any severance policy, plan or agreement with the Company and its affiliates • of retaliation or discrimination under federal, state or local law (together, as constituted from time to time, the “Group”), including, without limitation: claims for any cash , Claims of age discrimination or equity compensation or bonuses, whether or not paid retaliation under any Company compensation plan or arrangement; breach of contract; tort; wrongful, abusive, unfair, constructive, or unlawful discharge or dismissal; impairment of economic opportunity defamation; age and national origin discrimination; sexual harassment; back pay; front pay; benefits; attorneys’ fees; whistleblower claims; emotional distress; intentional infliction of emotional distress; assault; battery, pain and suffering; punitive or exemplary damages; violations of the Equal Pay Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964; • under Massachusetts General Law c.151B; xXxxxx.xxx iRobot Corporation | 0 Xxxxxx Xxxxx, Bedford MA 01730 | 781.430.3000 Separation Agreement; Page 4 of 8 • under the Florida Civil Rights Act, Florida Whistleblower Protection Act, Florida Workers’ Compensation Law Retaliation Act, Florida Wage Discrimination Law, Florida Minimum Wage Act, Florida Equal Pay Law, Florida AIDS Act, Florida Discrimination on the Basis of Sickle Cell Trait Law, Florida OSHA, the Civil Rights Act of 1991Florida Constitution, the Age Discrimination in Employment Act of 1967 (“ADEA”), the Americans with Disabilities Act of 1991, the Employee Retirement Income Security Florida Fair Housing Act, the Worker Adjustment Retraining and Notification Miami-Dade County Code, Chapter 11A, Broward County Human Rights Act, Palm Beach County Code, Article VI, • under any other federal or state statute (including, without limitation, Claims under the Family Medical Leave WARN Act and any state or mini-WARN Act); • of defamation or other torts; • of violation of public policy; • for wages, including all amendments to bonuses, incentive compensation, commissions, stock, stock options, other equity rights, vacation pay, severance pay or any of other compensation or benefits, whether under the aforementioned actsMassachusetts Wage Act or otherwise; and violations • for damages or other remedies of any other federal, state, or municipal fair employment statutes or lawssort, including, without limitation, violations of any other lawcompensatory damages, rulepunitive damages, regulationinjunctive relief and attorney’s fees; provided, or ordinance pertaining to employmenthowever, wages, compensation, hours worked, or any other matters related in any way to this release shall not affect your employment with the Group or the termination of that employment. In addition, in consideration of the provisions of this Letter Agreement, you further agree to waive any and all vested rights under the laws of any jurisdiction in the United States, or any other country, that limit a general release to those claims that are known or suspected to exist in your favor as of the date you execute (or reaffirmCompany’s Section 401(k) this release. This release of Claims will not, however, apply to any obligation of the Company pursuant to this Letter Agreement, plan; any rights or claims you may have as a shareholder of the Company, any rights to indemnification from the Company you may have, any rights to continuing directors’ and officers’ liability insurance to the same extent as the Company covers its other officers and directors, any rights that you may have to obtain contribution in the event of the entry of judgment against yourself as a result of indemnification or D & O insurance under any act written agreement or failure to act for which both insurance policy between you and the Company; your rights under this Agreement; and any rights that are not waivable under law. You agree not to accept damages of any nature, other equitable or legal remedies for your own benefit or attorney’s fees or costs from any of the Releasees with respect to any Claim released by this Agreement. As a material inducement to the Company to enter into this Agreement, you represent that you have not assigned any Claim to any third party. You acknowledge and agree that except as expressly specified in this Agreement, you are jointly responsible not entitled to any wages, salary, vacation pay, bonuses, severance, equity or any benefit to which you are entitled under any tax qualified pension plan of other compensation or benefits from the Company or its affiliates, COBRA continuation coverage benefits, vested benefits under any other benefit plans of the Company or its affiliates or any other welfare benefits required to be provided by statute (claims with respect thereto, collectively, “Excluded Claims”), and will not impede your right to raise any claim pursuant to any Federal whistleblower law or regulation.

Appears in 1 contract

Samples: Separation Agreement (Irobot Corp)

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