Release of Your Claims. In consideration for, among other terms, the payments, benefits and opportunities described in this Agreement, you hereby agree to personally 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 the decision to terminate your employment with the 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 (including, without limitation, Claims of discrimination or retaliation, Americans with Disabilities Act, Title VII of the Civil Rights Act of 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 Massachusetts Wage Act; 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.
Appears in 1 contract
Samples: Transitional Services and Separation Agreement (Repligen Corp)
Release of Your Claims. In consideration for, among other terms, the payments, benefits and opportunities described in this Agreement, you hereby agree to personally 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, 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 the Company’s decision to terminate your employment with on the CompanySeparation Date; • 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 retaliationretaliation 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 and the Age Discrimination in Employment Act of 1967 (“ADEA”)1964); • 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 Massachusetts Wage Actbenefits; 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 own benefit, 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 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: Separation Agreement (Boston Private Financial Holdings Inc)
Release of Your Claims. In consideration for, among other terms, the payments, benefits and opportunities described in this Agreement, you hereby agree to personally 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, 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 the decision to terminate your 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 discrimination or retaliation, Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 (“ADEA”)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 including, without limitation, pursuant to the Massachusetts Wage Actbenefits; 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.
Appears in 1 contract
Samples: Transitional Services Agreement (Esperion Therapeutics, Inc.)
Release of Your Claims. In consideration for, among other terms, the payments, payments and benefits and opportunities described in this AgreementSection 2, to which you acknowledge you would otherwise not be entitled, you hereby agree to personally 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, 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 the decision to terminate termination of your employment with the Company; • · of wrongful discharge; • · of breach of contract, including without limitationincluding, but not limited to, breach of the Employment Agreement between you and Xxxxxxx Technologies, Inc. dated September 15, 2004 (the “Employment Agreement”); • · of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliationretaliation under the 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 and and/or Claims brought pursuant to the Age Discrimination in Employment Act of 1967 (“ADEA”)Connecticut Human Rights Law); • · under any other federal or state statutestatute (including, without limitation, Claims under the Worker Adjustment and Retraining Notification 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 including, without limitation, pursuant to the Massachusetts Wage Actbenefits; 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. 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 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 to any third party and you have not filed with any agency or court any Claim released by this Agreement.
Appears in 1 contract
Release of Your Claims. In consideration for, among other terms, the payments, benefits and opportunities described in this Agreement, you hereby agree to personally 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, 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 the decision to terminate your termination of employment with the Company; Xx. Xxxxxx X. Cromarty October 8, 2010 • 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 retaliationretaliation 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 and the Age Discrimination in Employment Act of 1967 (“ADEA”)1964); • 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 Massachusetts Wage Actbenefits; 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 own benefit, 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 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: Transition Agreement (Boston Private Financial Holdings Inc)
Release of Your Claims. In consideration for, among other terms, the payments, benefits and opportunities described in 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 hereby agree by the Company pursuant to personally this Letter Agreement, knowingly and voluntarily waive, terminate, cancel, release and discharge forever discharge the Company, its affiliated subsidiaries, affiliates, officers, directors, employees, members, attorneys and related entities, its agents and their respective predecessors, successors and assigns, its individually 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 together, the “ReleaseesReleased Parties”) generally from any and all actions, causes of action, claims, demandsallegations, debtsrights, damages and liabilities of every name and natureobligations, known liabilities, or unknown charges (collectively, “Claims”) thatthat you (or your heirs, as 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 when you sign execute (or reaffirm) this Agreement, you have, ever had, now claim to have, release arising under or ever claimed to have had against any or all of the Releasees. This release includes, without limitation, all Claims: • relating to in connection with your employment by and the decision to terminate your or termination of employment with the Company; • of wrongful discharge; • of breach of contractCompany and its affiliates (together, including without limitationas constituted from time to time, breach of the Employment Agreement; • of retaliation or discrimination under federal“Group”), state or local law (including, without limitation: claims for any cash or equity compensation or bonuses, Claims whether or not paid under any Company compensation plan or arrangement; breach of discrimination contract; tort; wrongful, abusive, unfair, constructive, or retaliationunlawful 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, Americans with Disabilities pain and suffering; punitive or exemplary damages; violations of the Equal Pay Act, Title VII of the Civil Rights Act of 1964 and 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; • under and violations of any other federal federal, state, or state statute; • of defamation municipal fair employment statutes 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 Massachusetts Wage Act; and • for damages or other remedies of any sortlaws, including, without limitation, compensatory damagesviolations of any other law, punitive damagesrule, injunctive relief 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 attorney’s fees; providedall 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 this release shall 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 affect impede your rights under this Agreementright to raise any claim pursuant to any Federal whistleblower law or regulation.
Appears in 1 contract
Samples: Separation and Release Agreement (Stonegate Mortgage Corp)
Release of Your Claims. In consideration for, among other terms, the paymentspayments and benefits described above, benefits and opportunities described in this Agreementto which you acknowledge you would otherwise not be entitled, you hereby agree to personally 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, 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 the decision to terminate your termination of employment with the 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 (including, without limitation, Claims of age discrimination or retaliationretaliation 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 and the Age Discrimination in Employment Act of 1967 (“ADEA”)1964); • 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 Massachusetts Wage Actbenefits; 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
Release of Your Claims. In consideration forYou, among other termsfor yourself and your heirs, beneficiaries, executors and administrators (collectively referred to as the payments“Xxxxxxx Releasors”), benefits and opportunities described in this Agreementvoluntarily release, you hereby agree to personally release and forever discharge and indemnify 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 “Company Releasees”) generally from all claims, demands, debts, damages and liabilities of every name and nature, known or unknown unknown, (collectively “Claims” and each singularly “Claim”) that, as of the date when you sign this Agreement, you haveany of the Xxxxxxx Releasors has, ever had, now claim claims to have, or ever claimed to have had against any or all of the Company Releasees. This release includes, without limitation, all Claims: • relating to your employment by and the decision to terminate your termination of employment with the 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 (including, without limitation, Claims of age discrimination or retaliationretaliation 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 and the Age Discrimination in Employment Act of 1967 (“ADEA”)1964); • 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 Massachusetts Wage Actbenefits; 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, your rights referenced in the second paragraph of this letter, or your rights referenced or set forth in this Agreement. Notwithstanding the foregoing, if any Company Releasee initiates any form of litigation against you or any other Xxxxxxx Releasor based on any Claim that arose before the Company signed this Agreement, your release of that Company Releasee shall be of no further force or effect; provided that this shall not affect your release of other Company Releasees. 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 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 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: Retirement Agreement (Boston Private Financial Holdings Inc)
Release of Your Claims. In consideration for, among other terms, the paymentsterms, payments and benefits and opportunities described in this AgreementSection 3, which are substantially more advantageous to you than any benefits to which you otherwise may be entitled, you hereby agree to personally 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, 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 the decision to terminate your termination of employment with the Company; • o of wrongful discharge; • o of breach of contract, including without limitation, breach of the Employment Agreement; • o of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliationretaliation 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 and the Age Discrimination in Employment Act of 1967 (“ADEA”)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, commissions, stock, stock options, vacation pay or any other compensation or benefits includingbenefits, without limitation, including any such Claims that may be brought pursuant to the Massachusetts Wage ActOffer 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 vested rights under the Company's Section 401(k) Plan, 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 costs from any of the Releasees 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