Released Claims. The Released Claims released include, but are not limited to, any claims for monetary damages; any claims to severance or similar benefits; any claims to expenses, attorneys’ fees or other indemnities; any claims based on actions or failure to act on or before the date of this Release; any claims for other personal remedies or damages sought in any legal proceeding or charge filed with any court or federal, state or local agency either by one or by a person claiming to act on my behalf or in my interest. Executive understands that the Released Claims might have arisen under many different local, state and federal statutes, regulations, case law and/or common law doctrines. Executive hereby specifically, but without limitation, agrees to release all of the Releasees from any and all claims under the following: (i) Antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964, as amended, and Executive Order 11246 (which prohibit discrimination based on race, color, national origin, religion, or sex); Section 1981 of the Civil Rights Act of 1866 (which prohibits discrimination based on race or color); the Age Discrimination in Employment Act (“ADEA”), including but not limited to the Older Worker Benefit Protection Act (“OWBPA”), except as it relates to the validity of this Release under ADEA, as amended by the OWBPA, and Executive Order 11141 (which prohibit discrimination based upon age); the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973 (which prohibit discrimination based upon disability); the Equal Pay Act (which prohibits paying men and women unequal pay for equal work); the California Fair Employment and Housing Act, California Government Code Section 12900 et seq. (which prohibits discrimination based on protected characteristics including race, color, religion, sex, gender, sexual orientation, marital status, national origin, language restrictions, ancestry, physical or mental disability, medical condition, age, and denial of leave); the California Equal Pay Law (which prohibits paying men and women unequal pay for equal work), California Labor Code Section 1197.5; the Xxxxx Civil Rights Act, California Civil Code Section 51 et seq. (which prohibits discrimination based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation); or any other local, state or federal statute, regulation, common law or decision concerning discrimination, harassment, or retaliation on these or any other grounds or otherwise governing the employment relationship. (ii) Other employment laws, such as the federal Worker Adjustment and Retraining Notification Act of 1988 and the California Worker Adjustment and Retraining Notification Act, California Labor Code Sections 1400 et seq. (known as WARN laws, which require that advance notice be given of certain workforce reductions); Executive Retirement Income Security Act of 1974 (which, among other things, protects employee benefits); Fair Labor Standards Act of 1938 (which regulates wage and hour matters); the Family and Medical Leave Act of 1993 (which requires employers to provide leaves of absence under certain circumstances); the California Labor Code (which regulates employment and wage and hour matters); the California Family Rights Act of 1993 , California Government Code Section 12945.1 et seq. (which requires employers to provide leaves of absence under certain circumstances); and any other federal, state, or local statute, regulation, common law or decision relating to employment, such as veterans’ reemployment rights laws or any other aspect of employment. (iii) Other laws, such as any federal, state, or local law enforcing express or implied employment or other contracts or covenants; any other federal, state or local laws providing relief for alleged wrongful discharge, physical or personal injury, breach of contract, emotional distress, fraud, negligent misrepresentation, defamation, invasion of privacy, violation of public policy and similar or related claims; common law claims under any tort, contract or other theory now or hereafter recognized, and any other federal, state, or local statute, regulation, common law or decision otherwise regulating employment.
Appears in 2 contracts
Samples: Executive Change of Control and Severance Agreement (Hyperion Therapeutics Inc), Executive Employment Agreement (Hyperion Therapeutics Inc)
Released Claims. The Released Claims released include, but are not limited to, any claims for monetary damages; any claims related to Employee’s employment with the Company or the termination thereof; any claims to severance or similar benefits; any claims to expenses, attorneys’ fees or other indemnities; any claims to options or other interests in or securities of the Company, including but not limited to any claims based on any actions or failure failures to act that occurred on or before the date of this ReleaseAgreement; and any claims for other personal remedies or damages sought in any legal proceeding or charge filed with any court or federal, state or local agency either by one Employee or by a any person claiming to act on my Employee’s behalf or in my Employee’s interest. Executive Employee understands that the Released Claims might may have arisen under many different local, state and federal statutes, regulations, case law and/or or common law doctrines. Executive Employee hereby specifically, but without limitation, agrees to release all of the Releasees from any and all claims under each of the followingfollowing laws:
(i) i. Antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964, as amended, and Executive Order 11246 (which prohibit discrimination based on race, color, national origin, religion, or sex); Section 1981 of the Civil Rights Act of 1866 (which prohibits discrimination based on race or color); the Age Discrimination in Employment Act (“ADEA”), including but not limited to the Older Worker Benefit Protection Act (“OWBPA”), except as it relates to the validity of this Release under ADEA, as amended by the OWBPA, and Executive Order 11141 (which prohibit discrimination based upon age); the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973 (which prohibit discrimination based upon disability); the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621 et seq. (which prohibits discrimination on the basis of age); the Equal Pay Act (which prohibits paying men and women unequal pay for equal work); work on the California Fair Employment and Housing Act, California Government Code Section 12900 et seq. (which prohibits discrimination based on protected characteristics including race, color, religion, sex, gender, sexual orientation, marital status, national origin, language restrictions, ancestry, physical or mental disability, medical condition, age, and denial basis of leave); the California Equal Pay Law (which prohibits paying men and women unequal pay for equal work), California Labor Code Section 1197.5; the Xxxxx Civil Rights Act, California Civil Code Section 51 et seq. (which prohibits discrimination based on age, sex, race, coloror ethnicity); the New York State Human Rights Law; the New York Labor Law (including but not limited to the New York State Worker Adjustment and Retraining Notification Act, religionall provisions prohibiting discrimination and retaliation, ancestryand all provisions regulating wage and hour law); the New York State Correction Law; the New York State Civil Rights Law; Section 125 of the New York Workers’ Compensation Law, national origin, disability, medical condition, marital status, or sexual orientation)the New York City Human Rights Law; Arizona wage laws; Arizona equal pay laws; the Arizona Employment Protection Act; the Arizona Civil Rights Act; the Arizona Occupational Health and Safety Act; Arizona right to work laws; Arizona employee drug testing laws; the Arizona Medical Marijuana Act; Arizona genetic testing laws; the Arizona criminal code; or any other local, state or federal statute, regulation, common law or decision concerning discrimination, harassment, or retaliation on these or any other grounds or otherwise governing the employment relationship.
(ii) . Other employment laws, such as the federal Worker Adjustment and Retraining Notification Act of 1988 and the California Worker Adjustment and Retraining Notification Act, California Labor Code Sections 1400 et seq. other similar state laws (known as WARN laws, which require that advance notice be given of certain workforce reductions); Executive the Employee Retirement Income Security Act of 1974 (which, among other things, protects employee benefits); the Fair Labor Standards Act of 1938 (which regulates wage and hour matters); the Family and Medical Leave Act of 1993 (which requires employers to provide leaves of absence under certain circumstances); the California Labor Code (which regulates employment and wage and hour matters); the California Family Rights Act of 1993 , California Government Code Section 12945.1 et seq. (which requires employers to provide leaves of absence under certain circumstances); and any other federallocal, state, or local federal statute, regulation, common law or decision relating to employmentconcerning payment of wages, such as veterans’ reemployment rights laws benefits, or any other aspect termination of employment.
(iii) . Other lawslaws of general application, such as any federal, state, or local law laws enforcing express or implied employment agreements or other contracts or covenants, or addressing breaches of such agreements, contracts or covenants; any other federal, state or local laws providing relief for alleged wrongful dischargedischarge or termination, physical or personal injury, breach of contract, injury emotional distress, fraud, intentional or negligent misrepresentation, defamation, invasion of privacy, violation of public policy and or similar or related claims; common law claims under any tort, contract or other theory now or hereafter recognized, and any other federal, state, or local statute, regulation, common law doctrine, or decision regulating or regarding employment. Included specifically in this Release are any and all claims that Employee and/or TEE might otherwise regulating employmenthave pursuant to:
A. That certain Employment Agreement between Employee and the Company dated on or about January 5 and/or January 6, 2021, including as amended by the First Amendment to Employment Agreement dated April 6, 2021 (together, the “Employment Agreement”), which Employee and the Company represent, warrant and acknowledge is null, void and superseded in its entirety by this Agreement; and
B. That certain Capital Markets Advisory Services Agreement between TEE and the Company dated June 9, 2020, including as amended on or about February 25, 2021 (together, the “TEE Agreement”), and Employee represents and warrants that as of the Effective Date of this Agreement, the TEE Agreement, and any other agreements or arrangements between TEE and the Company, are null, void and unenforceable.
Appears in 1 contract
Released Claims. The Released Claims released include, but are not limited to, any claims for monetary damages; any claims to severance or similar benefits; any claims to expenses, attorneys’ fees or other indemnities; any claims based on actions or failure to act on or before the date of this ReleaseAgreement; any claims for other personal remedies or damages sought in any legal proceeding or charge filed with any court or federal, state or local agency either by one or by a person claiming to act on my behalf or in my Executive’s interest. Executive understands that the Released Claims might have arisen under many different local, state and federal statutes, regulations, case law and/or common law doctrines. Executive hereby specifically, but without limitation, agrees to release all of the Releasees from any and all claims under the following:
(i) Antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964, as amended, and Executive Order 11246 (which prohibit discrimination based on race, color, national origin, religion, or sex); Section 1981 of the Civil Rights Act of 1866 (which prohibits discrimination based on race or color); the Age Discrimination in Employment Act (“ADEA”), including but not limited to the Older Worker Benefit Protection Act (“OWBPA”), except as it relates to the validity of this Release Agreement under ADEA, as amended by the OWBPA, and Executive Order 11141 (which prohibit discrimination based upon age); the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973 (which prohibit discrimination based upon disability); the Equal Pay Act (which prohibits paying men and women unequal pay for equal work); the California Fair Employment and Housing Act, California Government Code Section 12900 et seq. (which prohibits discrimination based on protected characteristics including race, color, religion, sex, gender, sexual orientation, marital status, national origin, language restrictions, ancestry, physical or mental disability, medical condition, age, and denial of leave); the California Equal Pay Law (which prohibits paying men and women unequal pay for equal work), California Labor Code Section 1197.5; the Xxxxx Civil Rights Act, California Civil Code Section 51 et seq. (which prohibits discrimination based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation); or any other local, state or federal statute, regulation, common law or decision concerning discrimination, harassment, or retaliation on these or any other grounds or otherwise governing the employment relationship.
(ii) Other employment laws, such as the federal Worker Adjustment and Retraining Notification Act of 1988 and the California Worker Adjustment and Retraining Notification Act, California Labor Code Sections 1400 et seq. (known as WARN laws, which require that advance notice be given of certain workforce reductions); Executive Retirement Income Security Act of 1974 (which, among other things, protects employee benefits); Fair Labor Standards Act of 1938 (which regulates wage and hour matters); the Family and Medical Leave Act of 1993 (which requires employers to provide leaves of absence under certain circumstances); the California Labor Code (which regulates employment and wage and hour matters); the California Family Rights Act of 1993 , California Government Code Section 12945.1 et seq. (which requires employers to provide leaves of absence under certain circumstances); and any other federal, state, or local statute, regulation, common law or decision relating to employment, such as veterans’ reemployment rights laws or any other aspect of employment.
(iii) Other laws, such as any federal, state, or local law enforcing express or implied employment or other contracts or covenants; any other federal, state or local laws providing relief for alleged wrongful discharge, physical or personal injury, breach of contract, emotional distress, fraud, negligent misrepresentation, defamation, invasion of privacy, violation of public policy and similar or related claims; common law claims under any tort, contract or other theory now or hereafter recognized, and any other federal, state, or local statute, regulation, common law or decision otherwise regulating employment.
Appears in 1 contract
Samples: General Release and Post Separation Consulting Agreement (Hyperion Therapeutics Inc)
Released Claims. The Released Claims released include, but are not limited to, any claims for monetary damages; any claims related to Xxxxxxx’s employment with the Company or the termination thereof; any claims to severance or similar benefitsbenefits other than those provided herein; any claims to expenses, attorneys’ fees or other indemnities; any claims to options or other interests in or securities of the Company, including but not limited to any claims based on any actions or failure failures to act that occurred on or before the date of this ReleaseAgreement; and any claims for other personal remedies or damages sought in any legal proceeding or charge filed with any court or federal, state or local agency either by one Grantee or by a any person claiming to act on my Xxxxxxx’s behalf or in my Xxxxxxx’s interest. Executive Grantee understands that the Released Claims might may have arisen under many different local, state and federal statutes, regulations, case law and/or or common law doctrines. Executive Grantee hereby specifically, but without limitation, agrees to release all of the Releasees from any and all claims under each of the followingfollowing laws:
(i) i. Antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964, as amended, and Executive Order 11246 (which prohibit discrimination based on race, color, national origin, religion, or sex); Section 1981 of the Civil Rights Act of 1866 (which prohibits discrimination based on race or color); the Age Discrimination in Employment Act (“ADEA”), including but not limited to the Older Worker Benefit Protection Act (“OWBPA”), except as it relates to the validity of this Release under ADEA, as amended by the OWBPA, and Executive Order 11141 (which prohibit discrimination based upon age); the Americans with Disabilities Act Act, as amended, and Sections 503 and 504 of the Rehabilitation Act of 1973 (which prohibit discrimination based upon disability); the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621 et seq. (“ADEA”) and the Older Workers Benefit Protection Act (“OWBPA”) (which prohibit discrimination on the basis of age); the Equal Pay Act (which prohibits paying men and women unequal pay for equal workwork on the basis of sex); the California Fair Nev. Rev. Stat. Chapter 613 (Employment and Housing Act, California Government Code Section 12900 et seq. (which prohibits discrimination based on protected characteristics including race, color, religion, sex, gender, sexual orientation, marital status, national origin, language restrictions, ancestry, physical or mental disability, medical condition, age, and denial of leave); the California Equal Pay Law (which prohibits paying men and women unequal pay for equal workPractices), California Labor Code Section 1197.5; the Xxxxx Civil Rights Act, California Civil Code Section 51 et seq. (which prohibits discrimination based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation); or any other local, state or federal statute, regulation, common law or decision concerning discrimination, harassment, or retaliation on these or any other grounds or otherwise governing the employment relationship.
(ii) . Other employment laws, such as the federal Worker Adjustment and Retraining Notification Act of 1988 and the California Worker Adjustment and Retraining Notification Act, California Labor Code Sections 1400 et seq. (known as WARN laws, “WARN,” which require that requires advance notice be given of certain workforce reductions); Executive the Grantee Retirement Income Security Act of 1974 (which, among other things, protects employee Grantee benefits); the Fair Labor Standards Act of 1938 (which regulates wage and hour matters); the Family and Medical Leave Act of 1993 (which requires employers to provide leaves of absence under certain circumstances); the California Labor Code any applicable paid sick leave or paid family leave laws; Nev. Rev. Stat. Chapter 608 (which regulates governs employment and wage and hour matters); the California Family Rights Act .
iii. Other laws of 1993 general application, California Government Code Section 12945.1 et seq. (which requires employers to provide leaves of absence under certain circumstances); and any other such as federal, state, or local statute, regulation, common law or decision relating to employment, such as veterans’ reemployment rights laws or any other aspect of employment.
(iii) Other laws, such as any federal, state, or local law enforcing express or implied employment agreements or other contracts or covenants, or addressing breaches of such agreements, contracts or covenants; any other federal, state or local laws providing relief for alleged wrongful dischargedischarge or termination, physical or personal injury, breach of contract, injury emotional distress, fraud, intentional or negligent misrepresentation, defamation, invasion of privacy, violation of public policy and or similar or related claims; common law claims under any tort, contract or other theory now or hereafter recognized, and including but not limited to any other federal, state, or local statute, regulation, common law doctrine, or decision otherwise regulating employmentdecision.
Appears in 1 contract
Samples: Retirement and Award Agreement (American Homes 4 Rent, L.P.)
Released Claims. The Released Claims released include, but are not limited to, any claims for monetary damages; any claims related to Executive’s employment with the Company or the termination thereof; any claims to severance or similar benefitsbenefits (including but not limited to the severance described in Section 8.3 of the Executive Agreement); any claims to expenses, attorneys’ fees or other indemnities; any claims to options or other interests in or securities of the or its parent or affiliates, including but not limited to any claims based on any actions or failure failures to act that occurred on or before the date of this ReleaseAgreement; and any claims for other personal remedies or damages sought in any legal proceeding or charge filed with any court or federal, state or local agency either by one Executive or by a any person claiming to act on my Executive’s behalf or in my Executive’s interest. Executive understands that the Released Claims might may have arisen under many different local, state and federal statutes, regulations, case law and/or or common law doctrines. Executive hereby specifically, but without limitation, agrees to release all of the Releasees from any and all claims under each of the followingfollowing laws:
(i) Antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964, as amended, and Executive Order 11246 (which prohibit discrimination based on race, color, national origin, religion, or sex); Section 1981 of the Civil Rights Act of 1866 (which prohibits discrimination based on race or color); the Age Discrimination in Employment Act (“ADEA”), including but not limited to the Older Worker Benefit Protection Act (“OWBPA”), except as it relates to the validity of this Release under ADEA, as amended by the OWBPA, and Executive Order 11141 (which prohibit discrimination based upon age); the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973 (which prohibit discrimination based upon disability); the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621 et seq. (which prohibits discrimination on the basis of age); the Equal Pay Act (which prohibits paying men and women unequal pay for equal work); the California Fair Employment and Housing Act, California Government Code Section 12900 et seq. (which prohibits discrimination based on protected characteristics including race, color, religion, sex, gender, sexual orientation, marital status, national origin, language restrictions, ancestry, physical or mental disability, medical condition, age, and denial of leave); the California Equal Pay Law (which prohibits paying men and women unequal pay for equal worksubstantially similar work on the basis of sex, race or ethnicity), California Labor Code Section 1197.5; the Xxxxx Civil Rights Act, California Civil Code Section 51 et seq. (which prohibits discrimination based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation); or any other local, state or federal statute, regulation, common law or decision concerning discrimination, harassment, or retaliation on these or any other grounds or otherwise governing the employment relationshiprelationship between Executive and the Company.
(ii) Other employment laws, such as the federal Worker Adjustment and Retraining Notification Act of 1988 and or the California Worker Adjustment and Retraining Notification Act, California Labor Code Sections 1400 et seq. (known as WARN laws, which require that advance notice be given of certain workforce reductions); Executive the Employee Retirement Income Security Act of 1974 (which, among other things, protects employee benefits); the Fair Labor Standards Act of 1938 (which regulates wage and hour matters, including the classification of employees and contractors); the Family and Medical Leave Act of 1993 (which requires employers to provide leaves of absence under certain circumstances); the California Labor Code (which regulates employment and wage and hour matters, including the classification of employees and contractors); the California Family Rights Act of 1993 1993, California Government Code Section 12945.1 et seq. (which requires employers to provide leaves of absence under certain circumstances); and any other the California Constitution.
(iii) Other laws of general application, such as federal, state, or local statute, regulation, common law or decision relating to employment, such as veterans’ reemployment rights laws or any other aspect of employment.
(iii) Other laws, such as any federal, state, or local law enforcing express or implied employment or independent contractor agreements or other contracts or covenants, or addressing breaches of such agreements, contracts or covenants; any other federal, state or local laws providing relief for alleged wrongful dischargedischarge or termination, physical or personal injury, breach of contract, injury emotional distress, fraud, intentional or negligent misrepresentation, defamation, invasion of privacy, violation of public policy and or similar or related claims; common law claims under any tort, contract or other theory now or hereafter recognized, including but not limited to any claims under the Executive Agreement, the Confidential Information Agreement, equity award agreements or plans, and any other federal, state, or local statute, regulation, common law doctrine, or decision otherwise regulating employmentor regarding employment or independent contractors.
Appears in 1 contract
Samples: Confidential Separation, General Release and Post Separation Consulting Agreement (Nextnav Inc.)
Released Claims. The Released Claims released include, but are not limited to, any claims for monetary damages; any claims related to Employee’s employment with the Company or the termination thereof; any claims to severance or similar benefits; any claims to expenses, attorneys’ fees or other indemnities; any claims to options or other interests in or securities of the Company, including but not limited to any claims based on any actions or failure failures to act that occurred on or before the date of this ReleaseAgreement; and any claims for other personal remedies or damages sought in any legal proceeding or charge filed with any court or federal, state or local agency either by one Employee or by a any person claiming to act on my Employee’s behalf or in my Employee’s interest. Executive Employee understands that the Released Claims might may have arisen under many different local, state and federal statutes, regulations, case law and/or or common law doctrines. Executive Employee hereby specifically, but without limitation, agrees to release all of the Releasees from any and all claims under each of the followingfollowing laws:
(i) i. Antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964, as amended, and Executive Order 11246 (which prohibit discrimination based on race, color, national origin, religion, or sex); Section 1981 of the Civil Rights Act of 1866 (which prohibits discrimination based on race or color); the Age Discrimination in Employment Act (“ADEA”), including but not limited to the Older Worker Benefit Protection Act (“OWBPA”), except as it relates to the validity of this Release under ADEA, as amended by the OWBPA, and Executive Order 11141 (which prohibit discrimination based upon age); the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973 (which prohibit discrimination based upon disability); the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621 et seq. (which prohibits discrimination on the basis of age); the Equal Pay Act (which prohibits paying men and women unequal pay for equal workwork on the basis of sex, race, or ethnicity); the California Fair Employment and Housing Act, California Government Code Section 12900 et seq. (which prohibits discrimination based on protected characteristics including race, color, religionreligious creed, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, language restrictions, ancestry, physical or mental disability, genetic information, medical condition, age, military and veteran status, and denial of leave); the California Equal Pay Law (which prohibits paying men and women unequal pay for equal workwork on the basis of sex, race or ethnicity), California Labor Code Section 1197.5; the Xxxxx Uxxxx Civil Rights Act, California Civil Code Section 51 et seq. (which prohibits discrimination based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation); or any other local, state or federal statute, regulation, common law or decision concerning discrimination, harassment, or retaliation on these or any other grounds or otherwise governing the employment relationship.
(ii) . Other employment laws, such as the federal Worker Adjustment and Retraining Notification Act of 1988 and the California Worker Adjustment and Retraining Notification Act, California Labor Code Sections 1400 et seq. (known as WARN laws, which require that advance notice be given of certain workforce reductions); Executive the Employee Retirement Income Security Act of 1974 (which, among other things, protects employee benefits); the Fair Labor Standards Act of 1938 (which regulates wage and hour matters); the Family and Medical Leave Act of 1993 (which requires employers to provide leaves of absence under certain circumstances); the California Labor Code (which regulates employment and wage and hour matters); the California Family Rights Act of 1993 1993, California Government Code Section 12945.1 et seq. (which requires employers to provide leaves of absence under certain circumstances); , and any other the California Constitution
iii. Other laws of general application, such as federal, state, or local statute, regulation, common law or decision relating to employment, such as veterans’ reemployment rights laws or any other aspect of employment.
(iii) Other laws, such as any federal, state, or local law enforcing express or implied employment agreements or other contracts or covenants, or addressing breaches of such agreements, contracts or covenants; any other federal, state or local laws providing relief for alleged wrongful dischargedischarge or termination, physical or personal injury, breach of contract, injury emotional distress, fraud, intentional or negligent misrepresentation, defamation, invasion of privacy, violation of public policy and or similar or related claims; common law claims under any tort, contract or other theory now or hereafter recognized, including but not limited to any claims under the Employment Agreement, and any other federal, state, or local statute, regulation, common law doctrine, or decision otherwise regulating or regarding employment.
Appears in 1 contract
Samples: Confidential Separation Agreement and General Release (Second Sight Medical Products Inc)
Released Claims. The Released Claims released include, but are not limited to, any claims for monetary damages; any claims related to Executive’s employment with the Company or the termination thereof; any claims to severance or similar benefitsbenefits (except as provided below in Section 5(c)); any claims to expenses, attorneys’ fees fees, or other indemnities; any claims to options or other interests in or securities of the Company; any claims based on actions any event, transaction, matter, actions, or failure failures to act that occurred or existed on or before the date of Executive executes this ReleaseAgreement; and any claims for other personal remedies or damages sought in any legal proceeding or charge filed with any court or court, federal, state state, or local agency agency, arbitrator, or other adjudicator, either by one Executive or by a any person claiming to act on my Executive’s behalf or in my Executive’s interest. Executive understands that the Released Claims might may have arisen under many different localfederal, state and federal state, or local statutes, regulations, case law and/or or common law doctrines. Executive hereby specifically, but without limitation, agrees to release all of the Releasees from any and all claims under each of the followingfollowing laws:
(i) i. Antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964, as amended, and Executive Order 11246 (which prohibit discrimination based on race, color, national origin, religion, or sex); Section 1981 of the Civil Rights Act of 1866 (which prohibits discrimination based on race or color); the Age Discrimination in Employment Act (“ADEA”), including but not limited to the Older Worker Benefit Protection Act (“OWBPA”), except as it relates to the validity of this Release under ADEA, as amended by the OWBPA, and Executive Order 11141 (which prohibit discrimination based upon age); the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973 (which prohibit discrimination based upon disability); the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621 et seq. (which prohibits discrimination on the basis of age); the Equal Pay Act (which prohibits paying men and women unequal pay for equal work); the California Fair Employment and Housing ActIndiana Civil Rights Law, California Government Ind. Code Section 12900 Xxx. 22-9-1-0.1 et seq. (which prohibits discrimination based on protected characteristics including race, color, national origin, ancestry, religion, sex, gender, sexual orientation, marital status, national origin, language restrictions, ancestry, physical or mental disability, medical condition, age, and denial of leave); the California Equal Pay Law (which prohibits paying men and women unequal pay for equal work), California Labor Code Section 1197.5; the Xxxxx Civil Rights Act, California Civil Code Section 51 et seq. (which prohibits discrimination based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation); or any other localfederal, state state, or federal local statute, regulation, common law doctrine, or decision concerning discrimination, harassment, or retaliation on these or any other grounds or otherwise governing the employment relationship.
(ii) . Other employment laws, such as the federal Worker Adjustment and Retraining Notification Act of 1988 and the California Worker Adjustment and Retraining Notification Act, California Labor Code Sections 1400 et seq. (known as the WARN lawsAct, which require that requires advance notice be given of certain workforce reductions); Executive the Employee Retirement Income Security Act of 1974 (which, among other things, protects employee benefits); the Fair Labor Standards Act of 1938 (which regulates wage and hour matters); the Family and Medical Leave Act of 1993 (which requires employers to provide leaves of absence under certain circumstances); the California Labor Code Indiana Wage Payment and Wage Claims Acts (which regulates employment and wage and hour matters); the California Family Rights Act of 1993 , California Government Code Section 12945.1 et seq. (which requires employers to provide leaves of absence under certain circumstances); and any other federal, state, or local statute, regulation, common law doctrine, or decision relating to employment, such as veterans’ reemployment rights laws rights, leaves of absence, or any other aspect of employment.
(iii) . Other lawslaws of general application, such as any federal, state, or local law laws enforcing express or implied employment agreements or other contracts or covenants, or addressing breaches of such agreements, contracts, or covenants; any other federal, state or local laws providing relief for alleged wrongful dischargedischarge or termination, physical or personal injury, breach of contract, emotional distress, fraud, intentional or negligent misrepresentation, defamation, invasion of privacy, violation of public policy and or similar or related claims; common law claims under any tort, contract contract, or other theory now or hereafter recognized, and any other federal, state, or local statute, regulation, common law doctrine, or decision otherwise regulating or regarding employment.
Appears in 1 contract
Released Claims. The Released Claims released include, but are not limited to, any claims for monetary damages; any claims for wages or compensation allegedly owed to Executive; any claims related to Executive’s employment or consulting relationship with the Company or the termination thereof; any claims to severance or similar benefits; any claims to expenses, attorneys’ fees or other indemnities; any claims based on any actions or failure failures to act that occurred on or before the date of this Bring Down Release; and any claims for other personal remedies or damages sought in any legal proceeding or charge filed with any court or federal, state or local agency either by one Executive or by a any person claiming to act on my Executive’s behalf or in my Executive’s interest. Executive understands that the Released Claims might have arisen under many different local, state and federal statutes, regulations, case law and/or common law doctrines. Executive hereby specifically, but without limitation, agrees to release all of the Releasees from any and all claims under the following:Claims
(i) i. Antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964, as amended, and Executive Order 11246 (which prohibit discrimination based on race, color, national origin, religion, or sex); Section 1981 of the Civil Rights Act of 1866 (which prohibits discrimination based on race or color); the Age Discrimination in Employment Act (“ADEA”), including but not limited to the Older Worker Benefit Protection Act (“OWBPA”), except as it relates to the validity of this Release under ADEA, as amended by the OWBPA, and Executive Order 11141 1967 (which prohibit prohibits discrimination based upon age); the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973 (which prohibit discrimination based upon disability); the Equal Pay Act (which prohibits paying men and women unequal pay for equal work); the California Fair Employment and Housing Act, California Government Code Section 12900 et seq. (which prohibits discrimination based on protected characteristics including race, color, religion, sex, gender, sexual orientation, marital status, national origin, language restrictions, ancestry, physical or mental disability, medical condition, age, and denial of leave); the California Equal Pay Law (which prohibits paying men and women unequal pay an employee at a rate less than another employee of a different sex, race, or ethnicity for equal substantially similar work), California Labor Code Section 1197.5; the Xxxxx Civil Rights Act, California Civil Code Section 51 et seq. (which prohibits discrimination based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation); New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1 et seq.; or any other local, state or federal statute, regulation, common law or decision concerning discrimination, harassment, or retaliation on these or any other grounds or otherwise governing the employment relationship.
(ii) . Other employment laws, such as the federal Worker Adjustment and Retraining Notification Act of 1988 and the California Worker Adjustment and Retraining Notification Act, California Labor Code Sections 1400 et seq. (known as WARN laws, which require that advance notice be given of certain workforce reductions); the Executive Retirement Income Security Act of 1974 (which, among other things, protects employee benefits); the Fair Labor Standards Act of 1938 (which regulates wage and hour matters); the Family and Medical Leave Act of 1993 (which requires employers to provide leaves of absence under certain circumstances); the California Labor Code (which regulates employment and wage and hour matters, including but not limited to misclassification claims); the California Family Rights Act of 1993 1993, California Government Code Section 12945.1 et seq. (which requires employers to provide leaves of absence under certain circumstances); New Jersey Family Leave Act, N.J.S.A. § 34:11B-1 et seq.; Conscientious Employee Protection Act (C.E.P.A.), N.J.S.A. §§ 34:19-1 et seq.; New Jersey Wage Laws, N.J.S.A. § 34:11 et seq.; and any other federal, state, or local statute, regulation, common law or decision relating to employment, such as veterans’ reemployment rights laws rights, leaves of absence or any other aspect of employment.
(iii) . Other lawslaws of general application, such as any federal, state, or local law laws enforcing express or implied employment agreements or other contracts or covenants, or addressing breaches of such agreements, contracts or covenants; any other federal, state or local laws providing relief for alleged wrongful dischargedischarge or termination, physical or personal injury, breach of contract, emotional distress, fraud, intentional or negligent misrepresentation, defamation, invasion of privacy, violation of public policy and or similar or related claims; common law claims under any tort, contract or other theory now or hereafter recognized, and any other federal, state, or local statute, regulation, common law doctrine, or decision otherwise regulating or regarding employment.
Appears in 1 contract
Samples: Confidential Separation, General Release and Post Separation Consulting Agreement (Vivus Inc)
Released Claims. The Released Claims released include, but are not limited to, any claims for monetary damages; any claims related to Executive’s employment with the Company or the termination thereof; any claims to severance or similar benefitsbenefits (including but not limited to the severance described in Section 8.3 of the Executive Agreement); any claims to expenses, attorneys’ fees or other indemnities; any claims to options or other interests in or securities of the or its parent or affiliates, including but not limited to any claims based on any actions or failure failures to act that occurred on or before the date of this ReleaseAgreement; and any claims for other personal remedies or damages sought in any legal proceeding or charge filed with any court or federal, state or local agency either by one Executive or by a any person claiming to act on my Executive’s behalf or in my Executive’s interest. Executive understands that the Released Claims might may have arisen under many different local, state and federal statutes, regulations, case law and/or or common law doctrines. Executive hereby specifically, but without limitation, agrees to release all of the Releasees from any and all claims under each of the followingfollowing laws:
(i) Antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964, as amended, and Executive Order 11246 (which prohibit discrimination based on race, color, national origin, religion, or sex); Section 1981 of the Civil Rights Act of 1866 (which prohibits discrimination based on race or color); the Age Discrimination in Employment Act (“ADEA”), including but not limited to the Older Worker Benefit Protection Act (“OWBPA”), except as it relates to the validity of this Release under ADEA, as amended by the OWBPA, and Executive Order 11141 (which prohibit discrimination based upon age); the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973 (which prohibit discrimination based upon disability); the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621 et seq. (which prohibits discrimination on the basis of age); the Equal Pay Act (which prohibits paying men and women unequal pay for equal work); the California Fair Employment and Housing Act, California Government Code Section 12900 et seq. Virginia Human Rights Act (which prohibits discrimination based on the basis of protected characteristics characteristics, including race, color, religion, sex, gender, sexual orientation, marital status, national origin, language restrictionsand sex, ancestry, physical or mental disability, medical condition, age, and denial of leaveamong others); the California Virginians with Disabilities Act (which prohibits discrimination on the basis of disability); the Virginia Equal Pay Act (which prohibits discrimination in pay based on sex); the Virginia Genetic Testing Law (which prohibits paying men and women unequal pay for equal work), California Labor Code Section 1197.5; discrimination on the Xxxxx Civil Rights Act, California Civil Code Section 51 et seq. (which prohibits discrimination based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, basis of a genetic characteristic or sexual orientationthe results of a genetic test); or any other local, state or federal statute, regulation, common law or decision concerning discrimination, harassment, or retaliation on these or any other grounds or otherwise governing the employment relationshiprelationship between Executive and the Company.
(ii) Other employment laws, such as the federal Worker Adjustment and Retraining Notification Act of 1988 and 1988; the California Worker Adjustment and Retraining Notification Act, California Labor Code Sections 1400 et seq. (known as WARN laws, which require that advance notice be given of certain workforce reductions); Executive Employee Retirement Income Security Act of 1974 (which, among other things, protects employee benefits); the Fair Labor Standards Act of 1938 (which regulates wage and hour matters, including the classification of employees and contractors); the Virginia Minimum Wage Act (which requires covered employers to pay nonexempt employees a minimum wage); the Virginia Payment of Wage Law (which requires employers to set regular pay periods and rates of pay and prohibits employers from making certain deductions from wages); the Virginia Fraud and Abuse Whistleblower Protection Act (which prohibits employers from retaliating against employees for any lawful act done by the employee in furtherance of an action under the statute or other efforts to stop one or more violations of the statute); the Virginia Occupational Safety and Health Act (which prohibits employers from retaliating against an employee who has filed a safety or health complaint or otherwise exercised rights under the statute); the Virginia Right-to-Work Law (which prohibits employers from denying an employee’s right to work based on the employee’s membership or non-membership in any labor union or organization); and the Family and Medical Leave Act of 1993 (which requires employers to provide leaves of absence under certain circumstances); the California Labor Code .
(which regulates employment and wage and hour matters); the California Family Rights Act iii) Other laws of 1993 general application, California Government Code Section 12945.1 et seq. (which requires employers to provide leaves of absence under certain circumstances); and any other such as federal, state, or local statute, regulation, common law or decision relating to employment, such as veterans’ reemployment rights laws or any other aspect of employment.
(iii) Other laws, such as any federal, state, or local law enforcing express or implied employment or independent contractor agreements or other contracts or covenants, or addressing breaches of such agreements, contracts or covenants; any other federal, state or local laws providing relief for alleged wrongful dischargedischarge or termination, physical or personal injury, breach of contract, injury emotional distress, fraud, intentional or negligent misrepresentation, defamation, invasion of privacy, violation of public policy and or similar or related claims; common law claims under any tort, contract or other theory now or hereafter recognized, including but not limited to any claims under the Executive Agreement, the Confidential Information Agreement, equity award agreements or plans, and any other federal, state, or local statute, regulation, common law doctrine, or decision otherwise regulating employmentor regarding employment or independent contractors.
Appears in 1 contract
Samples: Confidential Separation and General Release Agreement (Nextnav Inc.)
Released Claims. The For purposes of this Agreement, the term “Released Claims released Claims” shall include, but are not limited toto the fullest extent permitted by applicable law, all known and unknown claims, promises, causes of action or similar rights of any type (“Claims”) that Executive may have arising under the Employment Agreement, the Company’s Fiscal Year 2009 Management Incentive Plan, any claims for monetary damages; any claims to severance or similar benefits; any claims to expenses, attorneys’ fees or other indemnities; any claims based on actions or failure to act on or before the date of this Release; any claims for other personal remedies or damages sought in any legal proceeding or charge filed with any court or federal, state or local agency either by one or by a person claiming to act on my behalf or in my interest. Executive understands that the Released Claims might have arisen under many different local, state and federal laws (including statutes, regulations, case law and/or other administrative guidance and common law doctrines. Executive hereby specifically), but including, without limitation, agrees to release all of the Releasees from any and all claims under the following:
: the Age Discrimination in Employment Act (ithe “ADEA”) Antidiscrimination laws, such as and Executive Order 11,141; Title VII of the Civil Rights Act of 1964, as amended, Sections 1981 and Executive Order 11246 (which prohibit discrimination based on race, color, national origin, religion, or sex); Section 1981 1983 of the Civil Rights Act of 1866 (which prohibits discrimination based on race or color); the Age Discrimination in Employment Act (“ADEA”), including but not limited to the Older Worker Benefit Protection Act (“OWBPA”), except as it relates to the validity of this Release under ADEA, as amended by the OWBPA1866, and Executive Order 11141 (which prohibit discrimination based upon age)11,246; the Equal Pay Act, the Americans with With Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973 (which 1973; California state laws that prohibit discrimination based upon disability); the Equal Pay Act (which prohibits paying men and women unequal pay for equal work); the California Fair Employment and Housing Act, California Government Code Section 12900 et seq. (which prohibits discrimination in employment based on protected characteristics including disability, race, creed, color, religionnational origin, sexancestry, gender, sexual orientationage, marital status, national origin, language restrictions, ancestry, physical or mental disability, medical condition, age, and denial of leave); the California Equal Pay Law (which prohibits paying men and women unequal pay for equal work), California Labor Code Section 1197.5; the Xxxxx Civil Rights Act, California Civil Code Section 51 et seq. (which prohibits discrimination based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, affectional or sexual orientation); , sex or any other local, state or federal statute, regulation, common law or decision concerning discrimination, harassment, or retaliation on these or any other grounds or otherwise governing the employment relationship.
(ii) Other employment laws, such as the federal Worker Adjustment and Retraining Notification Act of 1988 and the California Worker Adjustment and Retraining Notification Act, California Labor Code Sections 1400 et seq. (known as WARN laws, which require that advance notice be given of certain workforce reductions); Executive Retirement Income Security Act of 1974 (which, among other things, protects employee benefits); Fair Labor Standards Act of 1938 (which regulates wage and hour matters); the Family and Medical Leave Act of 1993 (which requires employers to provide leaves of absence under certain circumstances); the California Labor Code (which regulates employment and wage and hour matters); the California Family Rights Act of 1993 , California Government Code Section 12945.1 et seq. (which requires employers to provide leaves of absence under certain circumstances)military status; and any other federal, state, or local statute, regulation, common law or decision laws that prohibit discrimination in employment; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act of 1938; the Family and Medical Leave Act of 1993; and any other federal laws relating to employment. In connection with this Section 3, Executive expressly acknowledges that some examples of Released Claims include, without limitation: (i) Claims that in any way relate to or arose during Executive’s employment with the Company, or the termination of such employment, such as veterans’ reemployment rights laws Claims for compensation, bonuses, commissions, lost wages or unused accrued vacation or sick pay; (ii) Claims that in any other aspect way relate to the design or administration of employment.
any “employee welfare benefit plan” maintained by the Company; and (iii) Other laws, any Claims to attorneys’ fees or other indemnities (such as any federalunder the Civil Rights Attorneys’ Fees Act), statewith respect to the Released Claims, or local law enforcing express or implied employment or other contracts or covenants; any other federal, state or local laws providing relief for alleged wrongful discharge, physical or personal injury, breach of contract, emotional distress, fraud, negligent misrepresentation, defamation, invasion of privacy, violation of public policy and similar or related claims; common law claims under any tort, contract or other theory now or hereafter recognized, and any other federal, state, or local statute, regulation, common law or decision otherwise regulating employmentexcept as expressly provided in this Agreement.
Appears in 1 contract
Released Claims. The Released Claims released include, but are not limited to, any claims for monetary damages; any claims related to Executive’s employment with the Company or the termination thereof; any claims to severance or similar benefitsbenefits (except as provided below in Section 0(c)); any claims to expenses, attorneys’ fees fees, or other indemnities; any claims to options or other interests in or securities of the Company; any claims based on actions any event, transaction, matter, actions, or failure failures to act that occurred or existed on or before the date of Executive executes this ReleaseWaiver; and any claims for other personal remedies or damages sought in any legal proceeding or charge filed with any court or court, federal, state state, or local agency agency, arbitrator, or other adjudicator, either by one Executive or by a any person claiming to act on my Executive’s behalf or in my Executive’s interest. Executive understands that the Released Claims might may have arisen under many different localfederal, state and federal state, or local statutes, regulations, case law and/or or common law doctrines. Executive hereby specifically, but without limitation, agrees to release all of the Releasees from any and all claims under each of the followingfollowing laws:
(i) i. Antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964, as amended, and Executive Order 11246 (which which, together, prohibit discrimination based on on, inter alia, race, color, national origin, religion, or sex); Section 1981 of the Civil Rights Act of 1866 (which prohibits discrimination based on race or color); the Age Discrimination in Employment Act (“ADEA”), including but not limited to the Older Worker Benefit Protection Act (“OWBPA”), except as it relates to the validity of this Release under ADEA, as amended by the OWBPA, and Executive Order 11141 (which prohibit discrimination based upon age); the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973 (which prohibit discrimination based upon disability); the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621 et seq. (which prohibits discrimination on the basis of age); the Equal Pay Act (which prohibits paying men and women unequal pay for equal work); the California Fair Employment and Housing ActIndiana Civil Rights Law, California Government Ind. Code Section 12900 Xxx. 22-9-1-0.1 et seq. (which prohibits discrimination based on protected characteristics including race, color, national origin, ancestry, religion, sex, gender, sexual orientation, marital status, national origin, language restrictions, ancestry, physical or mental disability, medical condition, age, and denial of leave); the California Equal Pay Law (which prohibits paying men and women unequal pay for equal work), California Labor Code Section 1197.5; the Xxxxx Civil Rights Act, California Civil Code Section 51 et seq. (which prohibits discrimination based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation); or any other localfederal, state state, or federal local statute, regulation, common law doctrine, or decision concerning discrimination, harassment, or retaliation on these or any other grounds or otherwise governing the employment relationship.
(ii) . Other employment laws, such as the federal Worker Adjustment and Retraining Notification Act of 1988 and the California Worker Adjustment and Retraining Notification Act, California Labor Code Sections 1400 et seq. (known as the WARN lawsAct, which require that requires advance notice be given of certain workforce reductions); Executive the Employee Retirement Income Security Act of 1974 (which, among other things, protects employee benefits); the Fair Labor Standards Act of 1938 (which regulates wage and hour matters); the Family and Medical Leave Act of 1993 (which requires employers to provide leaves of absence under certain circumstances); the California Labor Code Indiana Wage Payment and Wage Claims Acts (which regulates employment and wage and hour matters); the California Family Rights Act of 1993 , California Government Code Section 12945.1 et seq. (which requires employers to provide leaves of absence under certain circumstances); and any other federal, state, or local statute, regulation, common law doctrine, or decision relating to employment, such as veterans’ reemployment rights laws rights, leaves of absence, or any other aspect of employment.
(iii) . Other lawslaws of general application, such as any federal, state, or local law laws enforcing express or implied employment agreements or other contracts or covenants, or addressing breaches of such agreements, contracts, or covenants; any other federal, state or local laws providing relief for alleged wrongful dischargedischarge or termination, physical or personal injury, breach of contract, emotional distress, fraud, intentional or negligent misrepresentation, defamation, invasion of privacy, violation of public policy and or similar or related claims; common law claims under any tort, contract contract, or other theory now or hereafter recognized, and any other federal, state, or local statute, regulation, common law doctrine, or decision otherwise regulating or regarding employment.
Appears in 1 contract
Released Claims. The Released Claims released include, but are not limited to, any claims for monetary damages; claims related to Employee’s employment with the Company or the termination thereof; claims related to or arising out of any contract with the Company (including, but not limited to the Employment Agreement); claims to severance or similar benefits; any claims to expenses, attorneys’ fees or other indemnities; any claims based on any actions or failure failures to act that occurred on or before the date of this ReleaseAgreement; any and claims for other personal remedies or damages sought in any legal proceeding or charge filed with any court or federal, state or local agency either by one Employee or by a any person claiming to act on my Employee’s behalf or in my Employee’s interest. Executive Employee understands that the Released Claims might may have arisen under many different local, state and federal statutes, regulations, case law and/or or common law doctrines. Executive Employee hereby specifically, but without limitation, agrees to release all of the Releasees from any and all claims under each of the following:
(i) i. Antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964, as amended, and Executive Order 11246 (which prohibit discrimination based on race, color, national origin, religion, or sex); Section 1981 of the Civil Rights Act of 1866 (which prohibits discrimination based on race or color); the Age Discrimination in Employment Act (“ADEA”), including but not limited to the Older Worker Benefit Protection Act (“OWBPA”), except as it relates to the validity of this Release under ADEA, as amended by the OWBPA, and Executive Order 11141 (which prohibit discrimination based upon age); the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973 (which prohibit discrimination based upon disability); the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621 et seq. (which prohibits discrimination on the basis of age); the Equal Pay Act (which prohibits paying men and women unequal pay for equal work); the California Fair Arizona Employment and Housing Protection Act, California Government Code Section 12900 et seq. (which prohibits discrimination based on protected characteristics including race, color, religion, sex, gender, sexual orientation, marital status, national origin, language restrictions, ancestry, physical or mental disability, medical condition, age, and denial of leave); the California Equal Pay Law (which prohibits paying men and women unequal pay for equal work), California Labor Code Section 1197.5; the Xxxxx Arizona Civil Rights Act, California Civil Code Section 51 et seq. (which prohibits discrimination based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation); Arizona’s genetic testing laws; or any other local, state or federal statute, regulation, common law or decision concerning discrimination, harassment, or retaliation on these or any other grounds or otherwise governing the employment relationship.
(ii) . Other employment laws, such as the federal Worker Adjustment and Retraining Notification Act of 1988 and 1988; the California Worker Adjustment and Retraining Notification Act, California Labor Code Sections 1400 et seq. (known as WARN laws, which require that advance notice be given of certain workforce reductions); Executive Retirement Income Security Act of 1974 (which, among other things, protects employee benefits); the Fair Labor Standards Act of 1938 (which regulates wage and hour matters); the Family and Medical Leave Act of 1993 (which requires employers to provide leaves of absence under certain circumstances); the California Labor Code (which regulates employment Arizona Occupational Health and wage and hour matters)Safety Act; Arizona’s right to work laws; Arizona’s employee drug testing laws; the California Family Rights Act of 1993 , California Government Code Section 12945.1 et seq. (which requires employers to provide leaves of absence under certain circumstances)Arizona Medical Marijuana Act; the U.S. Patriot Act; the Sarbanes Oxley Act; the Xxxx Xxxxx Act; and any other federal, state, or local statute, regulation, common law or decision relating to employment, such as veterans’ reemployment rights laws rights, leaves of absence or any other aspect of employment.
(iii) . Other lawslaws of general application, such as any federal, state, or local law laws enforcing express or implied employment agreements or other contracts or covenants, or addressing breaches of such agreements, contracts or covenants; any other federal, state or local laws providing relief for alleged wrongful dischargedischarge or termination, physical or personal injury, breach of contract, emotional distress, fraud, intentional or negligent misrepresentation, defamation, invasion of privacy, violation of public policy and or similar or related claims; common law claims under any tort, contract or other theory now or hereafter recognized, and any other federal, state, or local statute, regulation, common law doctrine, or decision otherwise regulating or regarding employment.
Appears in 1 contract
Samples: Separation Agreement (Perspective Therapeutics, Inc.)
Released Claims. The Released Claims released include, but are not limited to, any except as otherwise provided in this Release Agreement: claims for monetary damages; claims related to the Executive’s employment with, or provision of services to, the Company or any affiliate thereof; the termination of any of the foregoing; claims related to or arising out of any contract with the Company, including any and all offer letters, employment agreements or other employment documents with the Company; claims to severance or similar benefits; any claims to expenses, attorneys’ fees or other indemnities; any claims based on any actions or failure failures to act that occurred on or before the date of this ReleaseRelease Agreement; any and claims for other personal remedies or damages sought in any legal proceeding or charge filed with any court or federal, state or local agency either by one the Executive or by a any person claiming to act on my the Executive’s behalf or in my the Executive’s interest. The Executive understands that the Released Claims might may have arisen under many different local, state and federal statutes, regulations, case law and/or or common law doctrines. The Executive hereby specifically, but without limitation, agrees to release all of the Releasees from any and all claims under each of the following:
(i) Antidiscrimination Antidiscrimination, antiharassment and antiretaliation laws, such as Title VII of the Civil Rights Act of 1964, as amended, and Executive Order 11246 (which prohibit discrimination based on race, color, national origin, religion, or sex); Section 1981 of the Civil Rights Act of 1866 (which prohibits discrimination based on race or color); the Age Discrimination in Employment Act (“ADEA”), including but not limited to the Older Worker Benefit Protection Act (“OWBPA”), except as it relates to the validity of this Release under ADEA, as amended by the OWBPA, and Executive Order 11141 (which prohibit discrimination based upon age); the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973 (which prohibit discrimination based upon disability); the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621 et seq. (which prohibits discrimination on the basis of age) (“ADEA”); the Equal Pay Act (which prohibits paying men and women unequal pay for equal work); the California Delaware Discrimination in Employment Act; the Delaware Persons With Disabilities Employment Protection Act; the Delaware Whistleblowers’ Protection Act; the Delaware Fair Employment and Housing Practices Act, California Government Code Section 12900 et seq. ; the Retaliatory Employment Discrimination Act; the North Carolina Persons with Disabilities Protection Act; the Equal Employment Practices Act; N.C.G.S. § 95-28.1 (which prohibits discrimination based on protected characteristics including race, color, religion, sex, gender, sexual orientation, marital status, national origin, language restrictions, ancestry, physical against any person possessing sickle cell trait or mental disability, medical condition, age, and denial of leavehemoglobin C trait); the California Equal Pay Law (which prohibits paying men and women unequal pay for equal work), California Labor Code Section 1197.5; the Xxxxx Civil Rights Act, California Civil Code Section 51 et seq. N.C.G.S. § 95-28.1A (which prohibits discrimination against persons based on age, sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, genetic testing or sexual orientationgenetic information); N.C.G.S. § 95-28.2 (which prohibits discrimination against persons for lawful use of lawful products during nonworking hours); N.C.G.S. § 130A-148(i) (which prohibits discrimination against any person having AIDS or HIV infection); or any other local, state or federal statute, regulation, common law or decision concerning discrimination, harassment, or retaliation on these or any other grounds or otherwise governing the employment relationship.;
(ii) Other other employment laws, such as the federal Worker Adjustment and Retraining Notification Act of 1988 and the California Worker Adjustment and Retraining Notification Act, California Labor Code Sections 1400 et seq. similar state laws (known as WARN laws, which require that advance notice be given of certain workforce reductions); the Executive Retirement Income Security Act of 1974 (which, among other things, protects employee the Executive benefits); the Fair Labor Standards Act of 1938 (which regulates wage and hour matters); the Family and Medical Leave Act of 1993 (which requires employers to provide leaves of absence under certain circumstances); the California Labor Code (which regulates employment Delaware Wage Payment and wage and hour matters)Collection Act; the California Family Rights Act of 1993 U.S. Patriot Act, California Government Code Section 12945.1 et seq. (which requires employers to provide leaves of absence under certain circumstances)the Xxxxxxxx-Xxxxx Act, the Xxxx-Xxxxx Act; and any other federal, state, or local statute, regulation, constitution, common law or decision relating to employment, such as veterans’ reemployment rights laws rights, leaves of absence or any other aspect of employment.; and
(iii) Other lawsother laws of general application, such as any federal, state, or local law laws enforcing express or implied employment agreements or other contracts or covenants, or addressing breaches of such agreements, contracts or covenants; any other federal, state or local laws providing relief for alleged wrongful dischargedischarge or termination, physical or personal injury, breach of contract, emotional distress, fraud, intentional or negligent misrepresentation, defamation, invasion of privacy, violation of public policy and or similar or related claims; common law claims under any tort, contract or other theory now or hereafter recognized, and any other federal, state, or local statute, regulation, common law doctrine, or decision otherwise regulating or regarding employment.
Appears in 1 contract