Common use of Release Provisions Clause in Contracts

Release Provisions. 1. In exchange for the consideration described in this Letter Agreement, including the Termination Payment, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, you for yourself and for your heirs, assigns, executors, administrators, agents and successors, past and present (collectively, the “Employee Affiliates”), hereby fully and without limitation release, covenant not to sxx, and forever discharge the Company and its subsidiaries, parent companies, divisions, affiliated corporations, affiliated partnerships, trustees, directors, officers, shareholders, partners, agents, representatives, employees, consultants, insurance carriers, attorneys, heirs, assigns, executors and administrators, predecessors and successors, past and present (the “Releasees”), both individually and collectively, from any and all rights, claims, demands, liabilities, charges, complaints, obligations, promises, agreements, controversies, debts, actions and causes of action whether in law or in equity, suits, damages, losses, workers’ compensation claims, attorneys’ fees, costs, and expenses, of whatever nature whatsoever, known or unknown, fixed or contingent, suspected or unsuspected (“Claims”), that you or the Employee Affiliates now have, or may ever have, against the Company or any of the other Releasees for any acts or omissions by the Company or any of the other Releasees occurring prior to the Effective Date of this Agreement. Without limiting the generality of the foregoing, this Release applies to any Claims that you or the Employee Affiliates now have, or may ever have, against the Company or any of the other Releasees that arise out of, or are in any manner related to any of the following: (i) your employment by the Company or any of the other Releasees; (ii) the termination of your employment with the Company or any of the other Releasees; and (iii) any transactions, occurrences, acts or omissions by the Company or any of the other Releasees occurring prior to the Effective Date of this Agreement.

Release Provisions. 1. In exchange (a) As a material inducement to Employee to enter this Agreement, and in consideration for the consideration described Company’s payments to Employee as set forth in this Letter Agreement, including the Termination Payment, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, you for yourself as and for your heirsEmployee’s complete release of all statutory, contract, tort and all other claims against the Company and each of its current and former owners (including, without limitation, New Mountain Capital, L.L.C., New Mountain Partners, L.P., New Mountain Affiliated Investors, L.P., and their respective affiliates), predecessors, assigns, executorsemployees, administratorsrepresentatives, agents and successorsattorneys, past and present (collectivelybenefit plans, the “Employee Affiliates”), hereby fully and without limitation release, covenant not to sxx, and forever discharge the Company and its subsidiariesinsurers, parent companies, divisions, affiliated corporationssubsidiaries, affiliated partnerships, trusteesaffiliates, directors, officers, shareholdersmanagers, partners, agentsmembers, representativesand officers, employeesincluding any and all persons acting by, consultantsthrough, insurance carriers, attorneys, heirs, assigns, executors and administrators, predecessors and successors, past and present or under or in concert with any of them (the collectively “Releasees”), both individually Employee hereby releases and collectively, forever discharges the Releasees from any and all rightsactions, causes of action, suits, dues, sums of money, reckonings, covenants, contracts, bonuses, controversies, agreements, claims, demands, liabilitiespromises, charges, complaints, obligations, promises, agreements, controversies, debts, actions complaints and causes of action whether demands whatsoever in law or in equity, suitswhich Employee (and Employee’s heirs, damagesexecutors, lossesadministrators, workers’ compensation claimssuccessors and/or assigns) may now have or hereafter can, attorneys’ feesshall, costs, and expenses, of whatever nature whatsoever, known or unknown, fixed or contingent, suspected or unsuspected (“Claims”), that you or the Employee Affiliates now havemay, or may ever havehave had for, against upon, or by reason of any matter, cause or actual or alleged act, omission, transaction, practice, conduct, occurrence, or other matter up to and including the Company or any of the other Releasees for any acts or omissions by the Company or any of the other Releasees occurring prior to the Effective Date execution of this Agreement. Without limiting the generality Agreement by Employee, including without limitation, any claim arising out of the foregoing, this Release applies or relating to any Claims that you or the Employee Affiliates now have, or may ever have, against the Company or any of the other Releasees that arise out of, or are in any manner related to any of the following: (i) your Employee’s employment by the Company and each of its subsidiaries and affiliated entities, and any and all obligations and liabilities of the Company under the Employment Agreement, the letter agreement dated November 28, 2005 between the Company and Employee (to the extent such letter agreement exists and is effective), or any other agreement between Employee and any of the Releasees, including, without limitation, any claim for car allowances, club dues, unused vacation time, or other Releaseesbenefits incident to Employee’s employment, and the ownership, acquisition, offer or sale of, or rights to any equity interest, or any option to purchase or acquire any equity interest in the Company, excepting only the rights and obligations (i) created by this Agreement; (ii) that may exist under any indemnification agreement or the termination Company’s Certificate of your employment with the Company or any of the other ReleaseesIncorporation and Bylaws, as amended, to indemnify Employee; and (iii) Employee’s rights under state worker’s compensation laws (for occupational illness or injury only) (iv) Employee’s vested rights under the Company’s health, dental, pharmacy and 401(k) benefit plans, (v) any transactionsrights, occurrenceswhenever arising, acts or omissions by Employee may have in his capacity as a shareholder of the Company and not arising from his capacity as officer, employee or any agent of the other Releasees occurring prior Company; provided, however, that Employee shall neither (A) initiate any claim based in whole or in part upon Employee’s status as a shareholder of the Company nor (B) directly or indirectly counsel or encourage another person or entity to initiate, or voluntarily provide assistance in respect of, any claims based in whole or in part upon any person’s or entity’s status as a shareholder of the Effective Date Company; provided, further, that nothing herein is intended to nor shall it preclude Employee from providing truthful testimony if under legal compulsion as a witness regarding any such claim and (vi) any cause of action that arises in whatever capacity after the date of this Agreement.

Release Provisions. 1. In exchange for the consideration described in this Letter Agreement, including the Termination Payment, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, you for yourself and for your heirs, assigns, executors, administrators, agents and successors, past and present (collectively, the “Employee Affiliates”), hereby fully and without limitation release, covenant not to sxxxxx, and forever discharge the Company and its subsidiaries, parent companies, divisions, affiliated corporations, affiliated partnerships, trustees, directors, officers, shareholders, partners, agents, representatives, employees, consultants, insurance carriers, attorneys, heirs, assigns, executors and administrators, predecessors and successors, past and present (the “Releasees”), both individually and collectively, from any and all rights, claims, demands, liabilities, charges, complaints, obligations, promises, agreements, controversies, debts, actions and causes of action whether in law or in equity, suits, damages, losses, workers’ compensation claims, attorneys’ fees, costs, and expenses, of whatever nature whatsoever, known or unknown, fixed or contingent, suspected or unsuspected (“Claims”), that you or the Employee Affiliates now have, or may ever have, against the Company or any of the other Releasees for any acts or omissions by the Company or any of the other Releasees occurring prior to the Effective Date of this Agreement. Without limiting the generality of the foregoing, this Release applies to any Claims that you or the Employee Affiliates now have, or may ever have, against the Company or any of the other Releasees that arise out of, or are in any manner related to any of the following: (i) your employment by the Company or any of the other Releasees; (ii) the termination of your employment with the Company or any of the other Releasees; and (iii) any transactions, occurrences, acts or omissions by the Company or any of the other Releasees occurring prior to the Effective Date of this Agreement.