Releases and Covenants Not to Xxx. (a) Executive, for himself, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (collectively, the "Executive Releasing Parties"), releases and forever discharges the Company, its present or past subsidiaries and affiliates, and their respective successors and assigns, and their respective present or past officers, trustees, directors, shareholders, employees, representatives, and agents of each of them (collectively, the "Executive Released Parties"), from any and all claims, demands, actions, liabilities and other claims for relief and remuneration whatsoever (including without limitation attorneys' fees and expenses), whether known or unknown, absolute, contingent or otherwise (each, a "Claim"), arising or which could have arisen up to and including the date of his execution of this Agreement, including without limitation those arising out of or relating to Executive's employment or cessation and termination of employment or any other written or oral agreement (including without limitation the Employment Agreement by and between the Company and Executive on January 13, 1999, as amended, and the Change in Control Severance Agreement by and between the Company and Executive on January 13, 1999, as amended), any change in Executive's employment status, any benefits or compensation, any tortious injury, breach of contract, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, estoppel, attorneys' fees, and any Claims arising under Title VII of the Civil Rights Act of 1964 (as amended by the Civil Rights Act of 1991), the Americans With Disabilities Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Fair Labor Standards Act, the Older Workers Benefits Protection Act, the Age Discrimination in Employment Act, the Employee Retirement Income Security Act of 1974, the Family Medical Leave Act, the Kentucky Civil Rights Act, or any other federal, state or local statute, law, ordinance, regulation, rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Executive against the Company or its subsidiaries in any legal, administrative or other proceeding; provided, however, that the foregoing release does not apply to (i) any Claim under or based on this Agreement, (ii) any vested benefit Executive may have as of the ...
Releases and Covenants Not to Xxx. 6.1 QuintilesIMS Release of the Four Former UK Employees. QuintilesIMS and its present and former parent entities, subsidiaries, divisions, and Affiliates, their respective officers, directors, employees, agents, subrogees and insurers, and their respective successors, predecessors, assigns, heirs, executors, administrators, attorneys, servants, agents and representatives (collectively, “QuintilesIMS Parties”), hereby and forever release, acquit, and discharge each of the Four Former UK Employees and each of their respective assigns, heirs, executors, administrators, attorneys, servants, agents, successors, predecessors, insurers, subrogees and representatives (collectively, “Four Former UK Employee Parties”), from any and all claims or causes of action, debts, suits, rights of action, dues, sums of money, accounts, bonds, bills, covenants, contracts, controversies, agreements, promises, damages, judgments, variances, executions, demands or obligations of any kind or nature whatsoever, matured or unmatured, liquidated or unliquidated, absolute or contingent, known or unknown, suspected or unsuspected, including any costs and legal fees (collectively, “Claims”), solely arising out of, or relating to (a) the investigation and enforcement of Claims in the UK Proceedings, including the matters disclosed in the Affidavits provided by the Four Former UK Employees and Xx. Xxxxxxxx Xxxxxx in the UK Proceedings, any information previously provided by Kroll Worldwide to QuintilesIMS in connection with the UK Proceedings and any information provided by QuintilesIMS external counsel (Pinsent Masons LLP) to CRA’s external counsel (Xxxxxx Xxxxxxx LLP) in connection with the UK Proceedings; (b) the Four Former UK Employees’ and the Former Norway Employee’s employment with QuintilesIMS, including any Equity Clawback Rights relating to Former QI Employee Nos. 1, 2, 4 and 5; (c) CRA’s, the Four Former UK Employees’ and the Former Norway Employee’s direct and indirect recruitment activities of any QuintilesIMS employees prior to the Effective Date, and CRA’s hiring and employment of the individuals identified on Exhibit A hereto; and (d) all Non-Compliant Materials and Non-Compliant Conduct prior to the Effective Date revealed in the Investigation, provided that the Investigation is completed, the Report is delivered, and findings of Non-Compliant Material and Non-Compliant conduct are remediated in accordance with the Protocol and Article V.
Releases and Covenants Not to Xxx. 4.1. Releases of Defendants’ Releasees by Plaintiffs. Subject to Sections 4.6 and 14, upon the Effective Date of Settlement, Named Plaintiffs on behalf of themselves and on behalf of the Settlement Class, and all Settlement Class members, absolutely and unconditionally release and forever discharge the Defendants’ Releasees from any and all Plaintiffs’ Released Claims that Plaintiffs directly, indirectly, derivatively or in any other capacity ever had, now have or hereafter may have.
4.2. Releases of the Plaintiffs’ Releasees by Defendants. Subject to Sections 4.6 and 14, upon the Effective Date of Settlement, Defendants absolutely and unconditionally release and forever discharge Plaintiffs’ Releasees and Class Counsel from any and all of Defendants’ Released Claims.
Releases and Covenants Not to Xxx.
(a) The NFLPA on behalf of itself, its members, and their respective heirs, executors, administrators, representatives, agents, successors and assigns, releases and covenants not to xxx, or to support financially or administratively, or voluntarily provide testimony of any kind, including by declaration or affidavit in, any suit or proceeding (including any Special Master proceeding brought pursuant to the White SSA and/or the Prior Agreement) against the NFL or any NFL Club or any NFL Affiliate with respect to any antitrust or other claim asserted in White v. NFL or Xxxxx x. NFL, including, without limitation, any claim relating to the 2011 lockout, any restrictions on free agency, any franchise player designations, any transition player designations, the Draft, the Entering Player Pool, the Rookie Compensation Pool, Total Revenues (“TR”) or television rights fees with respect to any League Year prior to 2011, collusion with respect to any League Year prior to 2011, or any claim that could have been asserted in White or Xxxxx related to any other term or condition of employment with respect to conduct occurring prior to the execution of this Agreement. For purposes of clarity, this release does not cover any claim of any retired player.
(b) The NFL, on behalf of itself, the NFL, and the NFL Clubs and their respective heirs, executors, administrators, representatives, agents, successors and as- signs, releases and covenants not to xxx, or to support financially or administratively, or voluntarily provide testimony of any kind, including by declaration or affidavit in, any suit (including any Special Master proceeding brought pursuant to the White SSA and/or the Prior Agreement) against the NFLPA or any of its members, or agents acting on its behalf, or any member of its bargaining unit, with respect to conduct occurring prior to the execution of this Agreement.
(c) Other than as provided in the Settlement Agreement, the releases and covenants not to xxx in Subsections (a) and (b) above shall not apply to any Injury or Non-Injury Grievance asserted under the Prior Agreement, or to any proceeding to confirm an Injury or Non-Injury Grievance award under the Prior Agreement.
(d) The parties shall take prompt and immediate steps to dismiss the litiga- tion, grievances, and arbitration referenced in Paragraph 4 of the Settlement Agreement and the NLRB proceeding referenced in the side letter to the Settlement Agreement dated July 26, 2011. ARTICLE 4
Releases and Covenants Not to Xxx. In addition to the effect of any final judgments entered in accordance with this Multistate Settlement Agreement, on and as of the date of Final Approval:
1. The Released Parties shall be released and forever discharged from all Released Claims by each Private Releasing Party. In addition, each Private Releasing Party hereby covenants and agrees that he, she, or it shall not, hereafter, assert any claim, demand, action, suit, or cause of action whether directly, representatively, derivatively or in any other capacity, against any Released Party based in whole or in part, upon the Alleged Conduct and/or the Released Claims, provided however, that it is expressly acknowledged that any release of claims in this Multistate Settlement Agreement is not intended to, and shall not, affect the rights of any Party to pursue: (1) a claim for damages under the Xxxxxxx Act (15 U.S.C. § 1 et seq.) based on purchases by members of the Settlement Classes of any Vitamin Product directly invoiced from a manufacturer of the Vitamin Product listed on Schedule 3, or
Releases and Covenants Not to Xxx. The form and content of the releases and covenants not to xxx contemplated in sections 7.1, 7.2 and 7.3 of this Settlement Agreement shall be considered a material term of the Settlement Agreement in favour of the Domfoam Defendants, the Brayiannis Defendant and the Individual Settling Parties and the failure of any Court to approve the releases or covenants not to xxx contemplated herein shall give rise to a right of termination by the Domfoam Defendants and the Individual Settling Parties pursuant to section 14 of this Settlement Agreement. For greater certainty, and notwithstanding any other term of this Settlement Agreement, the Plaintiffs and Class Counsel shall not have any right of termination in the event that any Court fails to approve the releases and/or covenants not to xxx contemplated herein, or if any Court approves the releases and/or covenants not to xxx contemplated herein in a materially modified form.
Releases and Covenants Not to Xxx. 2.1. Releases. Upon the Effective Date, each Party, each acting on behalf of itself and its respective predecessors, successors, and assigns, does hereby now and shall forever release, acquit, and discharge each of the other Parties, and their predecessors, successors, and assigns, and each of their respective current and former trustees, officers, directors, employees, agents, attorneys, representatives, distributors, resellers, licensees, and direct or indirect customers (collectively and individually, the “Releasees”), from and against, with respect to the period before the Effective Date, (a) any and all any and all claims, causes of action, charges, grievances, obligations, rights, demands, debts, damages, costs, losses and liabilities of any nature, whether known or unknown, (“Claims”) arising under, related to, or connected with any Related IP, (b) any and all Claims raised in the Draft Complaint, and (c) any and all matters which could have been raised (whether or not due to compulsory counterclaim requirements) in, or as a result of filing, the Draft Complaint.
Releases and Covenants Not to Xxx. (a) In consideration of, and as a condition of receiving, the payments and benefits described in Section 4, above, the Executive shall, on or promptly after the Leave Date, execute and deliver to the Company a release and covenant not to xxx in the form attached hereto as Exhibit C.
(b) In consideration of the Executive's release and covenant not to xxx which is referred to in Section 7(a), above, the Company shall, on or promptly after the Leave Date, execute and deliver to the Executive a release and covenant not to xxx in the form attached hereto as Exhibit D.
(c) The Company and the Executive acknowledge that the mutual releases and covenants not to xxx which are described above will not affect adversely any rights which the Executive may have to (i) indemnification from the Company (whether under this Agreement or otherwise) or under director and officer liability insurance which is applicable to the Executive or (ii) any recovery under any benefit plan in which the Executive is participating as of the Leave Date.
Releases and Covenants Not to Xxx. In consideration of the mutual undertakings and benefits in this Agreement, each Party releases and covenants not to xxx the other with respect to any claims, including statutory, contractual, or common law claims, for damages, costs, contribution, indemnification or any other form of relief for Past Environmental Response Costs and Future Environmental Response Costs arising out of or in connection with the Contamination provided the released party is in material compliance with this Agreement.
Releases and Covenants Not to Xxx. 1.1 WD and SanDisk and Xxxx Capital Mutual Releases.
(a) WD and SanDisk, in each case on behalf of itself and its Affiliates, and its and their respective successors, predecessors, assignees, officers, directors, shareholders, employees, representatives and agents (the “WD Releasors”) each hereby releases and forever discharges Xxxx Capital and its respective Affiliates (excluding any Excluded Person), and its and their respective successors, assignees, predecessors, funds, officers, directors, managers, partners, shareholders, employees, representatives, attorneys and agents, but, in each case, excluding any Excluded Person (the “Xxxx Capital Releasees”), from all Claims (i) relating to, arising out of or in connection with the TMC Transfer; the TSB Transfer; the Auction (including TSB’s and TMC’s disclosure of confidential information regarding the Memory Business to bidders in the Auction or attorneys or consortium partners for due diligence purposes); acts, omissions, attempts, or efforts to acquire any or all shares of or interest in TMC; the Access Restrictions; the Fab 6 Unilateral Investment; or the TMC Sale; (ii) relating to the allegations that were or could have been asserted in the Proceedings; and/or (iii) that were asserted or threatened to be asserted in any of the correspondence set forth in Schedule 1.1 of this Agreement. WD and SanDisk, in each case on behalf of itself and the other WD Releasors, covenants not to (and to cause its respective Affiliates, and its and their respective successors, predecessors, assignees, officers, directors, shareholders (in their capacity as such), employees, representatives and agents, not to) xxx or assert any Claims released in this Section 1.1(a) against the Xxxx Capital Releasees in any forum.
(b) Xxxx Capital, on behalf of itself and its Affiliates (excluding any Excluded Person), and its and their respective successors, assignees, predecessors, funds, officers, directors, managers, partners, shareholders, employees, representatives, attorneys and agents, but, in each case, excluding any Excluded Person (the “Xxxx Capital Releasors”) each hereby releases and forever discharges each of WD, SanDisk, their respective Affiliates, and its and their respective successors, assignees, predecessors, officers, directors, shareholders, employees, representatives, attorneys and agents (the “WD Releasees”), from all Claims (i) relating to, arising out of or in connection with the TMC Transfer; the TSB Transfer; ...
