Common use of Release of Your Claims Clause in Contracts

Release of Your Claims. In consideration for, among other terms, the payments and benefits described above, to which you acknowledge you would otherwise not be entitled, you voluntarily release and forever discharge the Company, its affiliated and related entities, its and their respective predecessors, successors and assigns, 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 (collectively referred to as the “Releasees”) generally from all claims, demands, debts, damages and liabilities of every name and nature, known or unknown (“Claims”) that, as of the date when you sign this Agreement, you have, ever had, now claim to have or ever claimed to have had against any or all of the Releasees. This release includes, without limitation, all Claims: • relating to your employment by and termination of employment with the Company; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the 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, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect your rights under this Agreement, your vested rights under the Equity Agreements or under the Company’s 401(k) plan, or your indemnity rights including those under the Indemnification Agreement dated July 12, 2007 between you and the Company. As a material inducement to the Company to enter into this Agreement, you represent that you have not assigned to any third party and you have not filed with any agency or court any Claim released by this Agreement.

Appears in 1 contract

Samples: April 2007 Iso Agreement (BladeLogic, Inc.)

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Release of Your Claims. In consideration for, among other terms, the payments and benefits described abovein Section 2, 3 and 4, to which you acknowledge you would otherwise not be entitled, you voluntarily release and forever discharge the Company, its affiliated and related entities, its and their respective predecessors, successors and assigns, 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 (collectively referred to as the “Releasees”) generally from all claims, demands, debts, damages and liabilities of every name and nature, known or unknown (“Claims”) that, as of the date when you sign this Agreement, you have, ever had, now claim to have or ever claimed to have had against any or all of the Releasees. This release includes, without limitation, all Claims: • relating to your employment by and termination of the decision to terminate your employment with the Company; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the 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, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, 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, the Vested Shares or Your Stock Options. You agree that you shall not accept damages of any nature, other equitable or legal remedies for your vested rights under the Equity Agreements or under the Companyown benefit, attorney’s 401(k) planfees, or your indemnity rights including those under costs from any of the Indemnification Agreement dated July 12, 2007 between you and the CompanyReleasees 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 to any third party and you have not filed with any agency or court any Claim released by this Agreement.

Appears in 1 contract

Samples: Bladelogic Inc

Release of Your Claims. In consideration for, among other terms, the terms, payments and benefits described abovein Section 3, which are substantially more advantageous to you than any benefits to which you acknowledge you would otherwise not may be entitled, you voluntarily release and forever discharge the Company, its affiliated and related entities, its and their respective predecessors, successors and assigns, 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 (collectively referred to as the “Releasees”"RELEASEES") generally from all claims, demands, debts, damages and liabilities of every name and nature, known or unknown (“Claims”"CLAIMS") that, as of the date when you sign this Option B Agreement, you have, ever had, now claim to have or ever claimed to have had against any or all of the Releasees. This release includes, without limitation, all Claims: o relating to your employment by and termination of employment with the Company; o of wrongful discharge; o of breach of contract; o of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the 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); o under any other federal or state statutestatute (including, without limitation, Claims under the Family Medical Leave Act); o of defamation or other torts; o of violation of public policy; o for wages, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits, including any such Claims that may be brought pursuant to the Offer Letter; and o for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s 's fees; providedPROVIDED, however, that this release shall not affect your rights under this Agreement, your vested rights under the Equity Agreements or under the Company’s 's Section 401(k) planPlan, the Stock Option Agreement, the Plan or your rights under this Option B Agreement. You agree that you shall not seek or accept damages of any nature, other equitable or legal remedies for your own benefit, attorney's fees, or your indemnity rights including those under costs from any of the Indemnification Agreement dated July 12, 2007 between you and the CompanyReleasees with respect to any Claim. As a material inducement to the Company to enter into this Option B Agreement, you represent that you have not assigned to any third party and you have not filed with any agency or court any Claim released by this Option B Agreement.

Appears in 1 contract

Samples: Anika Therapeutics Inc

Release of Your Claims. In consideration for, among other terms, the payments and benefits described above, to which you acknowledge you would otherwise not be entitled, you You voluntarily release and forever discharge the Company, its affiliated and related entities, its and their respective predecessors, successors and assigns, 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 (collectively referred to as the “Releasees”) generally from all claims, demands, debts, damages and liabilities of every name and nature, known or unknown (“Claims”) that, as of the date when you sign this Agreement, you have, ever had, now claim to have or ever claimed to have had against any or all of the Releasees. This release includes, without limitation, all Claims: • relating to your employment by the Company and termination of employment with the Company’s decision to terminate your employment on the Separation Date; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the 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, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, 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, nor shall it affect any Claim that by express terms of law may not be waived. Xxxxx X. Xxxxxx October 10, 2012 You agree that you shall not seek or accept damages of any nature, other equitable or legal remedies for your vested rights under the Equity Agreements or under the Companyown benefit, attorney’s 401(k) planfees, or your indemnity rights including those under costs from any of the Indemnification Agreement dated July 12, 2007 between you and the CompanyReleasees 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 to any third party and you have not filed with any agency or court any Claim released by this Agreement.

Appears in 1 contract

Samples: Release Agreement (Boston Private Financial Holdings Inc)

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Release of Your Claims. In consideration for, among other terms, the payments and benefits described above, to which you acknowledge you would otherwise not be entitled, you You voluntarily release and forever discharge the Company, its affiliated and related entities, its and their respective predecessors, successors and assigns, 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 (collectively referred to as the “Releasees”) generally from all claims, demands, debts, damages and liabilities of every name and nature, known or unknown (“Claims”) that, as of the date when you sign this Agreement, you have, ever had, now claim to have or ever claimed to have had against any or all of the Releasees. This release includes, without limitation, all Claims: • relating to your employment by and termination of employment with the Company; Xx. Xxxxxx X. Cromarty October 8, 2010 • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the 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, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, 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, nor shall it affect any claim that by express terms of law may not be waived. You agree that you shall not seek or accept damages of any nature, other equitable or legal remedies for your vested rights under the Equity Agreements or under the Companyown benefit, attorney’s 401(k) planfees, or your indemnity rights including those under costs from any of the Indemnification Agreement dated July 12, 2007 between you and the CompanyReleasees 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 to any third party and you have not filed with any agency or court any Claim released by this Agreement.

Appears in 1 contract

Samples: Boston Private Financial Holdings Inc

Release of Your Claims. In consideration for, among other terms, the payments payments, benefits and benefits opportunities described above, to which you acknowledge you would otherwise not be entitledin this Agreement, you voluntarily release and forever discharge the Company, its affiliated and related entities, its and their respective predecessors, successors and assigns, 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 (collectively referred to as the “Releasees”) generally from all claims, demands, debts, damages and liabilities of every name and nature, known or unknown (“Claims”) that, as of the date when you sign this Agreement, you have, ever had, now claim to have or ever claimed to have had against any or all of the Releasees. This release includes, without limitation, all Claims: · relating to your employment by and termination of employment with the Companyemployment; · 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 (including, without limitation, Claims of age discrimination or retaliation under the Age Discrimination in Employment Actretaliation, 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, including without limitation the Michigan Xxxxxxx-Xxxxxx Civil Rights Act (ELCRA), Michigan Persons With Disabilities Civil Rights Act (PWDCRA), Payment of Wages and Fringe Benefits Act (WFBA), Michigan Whistleblowers’ Protection Act (WPA), Xxxxxxx-Xxxxxxxx Employee Right to Know Act, the Michigan Occupational Safety and Health Act (MIOSHA) and the Michigan Social Security Number Privacy Act; · 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; and · for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect your rights under this Agreement, your vested rights under the Equity Agreements or under the Company’s 401(k) plan, or your indemnity rights including those under the Indemnification Agreement dated July 12, 2007 between you and the Company. As a material inducement to the Company to enter into this Agreement, you represent that you have not assigned to any third party and you have not filed with any agency or court any Claim released by this Agreement.

Appears in 1 contract

Samples: Esperion Therapeutics, Inc.

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