Common use of Releases and Covenants Not to XXX Clause in Contracts

Releases and Covenants Not to XXX. a) Xxxx, for himself, his agents, legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (the "Releasing Parties"), hereby releases and forever discharges Xxxxxx Xxxx, its present or past parent corporations, subsidiaries, divisions and affiliates, or related companies, successors or assigns, and their respective present or past officers, trustees, directors, employees and agents of each of them (the "Released Parties"), from any and all claims, demands, actions, liabilities and other claims for relief and remuneration whatsoever, whether known or unknown 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 Xxxx'x employment and cessation of employment, his change in employment duties, consulting status and his retirement from Xxxxxx Xxxx on or before November 15, 2005, 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 Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act ("ERISA"), as such acts have been amended, or any other federal, state, or local statute, law, ordinance, regulation, code or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Xxxx against Xxxxxx Xxxx, provided that the Releasing Parties do not release potential claims arising under ERISA to any benefits to which Xxxx is entitled in accordance with the Xxxxxx Xxxx Benefit Programs by virtue of his employment with Xxxxxx Xxxx prior to his Retirement Date.

Releases and Covenants Not to XXX. (a) XxxxExecutive, for himself, his agents, legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (collectively, the "Executive Releasing Parties"), hereby releases and forever discharges Xxxxxx Xxxxthe Company, its present or past parent corporations, subsidiaries, divisions subsidiaries and affiliates, or related companies, and their respective successors or and assigns, and their respective present or past officers, trustees, directors, employees 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 whatsoeverwhatsoever (including without limitation attorneys' fees and expenses), whether known or unknown 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, including without limitation, limitation those arising out of or relating to Xxxx'x Executive's employment or cessation and cessation termination of employmentemployment or any other written or oral agreement (including without limitation the Employment Agreement by and between the Company and Executive on January 13, his 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 dutiesstatus, consulting status and his retirement from Xxxxxx Xxxx on any benefits or before November 15compensation, 2005any 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 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 Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act ("ERISA")of 1974, as such acts have been amendedthe Family Medical Leave Act, the Kentucky Civil Rights Act, or any other federal, state, state or local statute, law, ordinance, regulation, code rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Xxxx Executive against Xxxxxx Xxxxthe Company or its subsidiaries in any legal, provided administrative or other proceeding; provided, however, that the Releasing Parties do foregoing release does not release potential claims arising apply to (i) any Claim under ERISA or based on this Agreement, (ii) any vested benefit Executive may have as of the Separation Date under any applicable employee benefit plan of the Company, or (iii) any right Executive may have to indemnification under the Company's bylaws or any benefits other agreement between Executive and the Company, which rights to which Xxxx is entitled in accordance with the Xxxxxx Xxxx Benefit Programs by virtue of his employment with Xxxxxx Xxxx prior to his Retirement Dateindemnification expressly survive this Agreement.

Releases and Covenants Not to XXX. (a) XxxxExecutive, for himself, his agents, legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (collectively, the "Executive Releasing Parties"), hereby releases and forever discharges Xxxxxx Xxxxthe Company, its present or past parent corporations, subsidiaries, divisions subsidiaries and affiliates, or related companies, and their respective successors or and assigns, and their respective present or past officers, trustees, directors, shareholders, employees 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 whatsoeverwhatsoever (including without limitation attorneys' fees and expenses), whether known or unknown 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, including without limitation, limitation those arising out of or relating to Xxxx'x Executive's employment or cessation and cessation termination of employment, his the Employment Agreement or any other written or oral agreement, any change in Executive's employment dutiesstatus, consulting status and his retirement from Xxxxxx Xxxx on any benefits or before November 15compensation, 2005any tortious injury, breach of contract, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, and any claims 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 Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act ("ERISA"), as such acts have been amendedof 1974, or any other federal, state, state or local statute, law, ordinance, regulation, code rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Xxxx Executive against Xxxxxx Xxxxthe Company or its subsidiaries in any legal, provided administrative or other proceeding; provided, however, that the Releasing Parties do foregoing release does not release potential claims arising apply to (i) any Claim under ERISA to or based on this Agreement or (ii) any benefits to which Xxxx is entitled in accordance with vested benefit Executive may have as of the Xxxxxx Xxxx Benefit Programs by virtue Separation Date under any applicable employee benefit plan of his employment with Xxxxxx Xxxx prior to his Retirement Datethe Company.

Releases and Covenants Not to XXX. (a) XxxxExecutive, for himself, his agents, legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (collectively, the "Executive Releasing Parties"), hereby releases and forever discharges Xxxxxx Xxxxthe Company, its present or past parent corporations, subsidiaries, divisions subsidiaries and affiliates, or related companies, and their respective successors or and assigns, and their respective present or past officers, trustees, directors, shareholders, employees 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 whatsoeverwhatsoever (including without limitation attorneys' fees and expenses), whether known or unknown 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, including without limitation, limitation those arising out of or relating to Xxxx'x Executive's employment or cessation and cessation termination of employment, his the Severance Plan or any other written or oral agreement, any change in Executive's employment dutiesstatus, consulting status and his retirement from Xxxxxx Xxxx on any benefits or before November 15compensation, 2005any tortuous injury, breach of contract, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, and any claims 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 Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act ("ERISA"), as such acts have been amendedof 1974, or any other federal, state, state or local statutestature, law, ordinance, regulation, code rule or executive order, any tort or contract or contract claims, and any of the claims, matters and issues which could have been asserted by Xxxx Executive against Xxxxxx Xxxxthe Company or its subsidiaries in any legal, provided administrative or other proceeding; provided, however, that the Releasing Parties do foregoing release does not release potential claims arising apply to (i) any Claim under ERISA to or based on this Agreement or (ii) any benefits to which Xxxx is entitled in accordance with vested benefit Executive may have as of the Xxxxxx Xxxx Benefit Programs by virtue Separation Date under any applicable employee benefit plan of his employment with Xxxxxx Xxxx prior to his Retirement Datethe Company.

Releases and Covenants Not to XXX. (a) XxxxExecutive, for himself, his agents, legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (collectively, the "Executive Releasing Parties"), hereby releases and forever discharges Xxxxxx Xxxxthe Company, its present or past parent corporations, subsidiaries, divisions subsidiaries and affiliates, or related companies, and their respective successors or and assigns, and their respective present or past officers, trustees, directors, shareholders, employees 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 whatsoeverwhatsoever (including without limitation attorneys' fees and expenses), whether known or unknown 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, including without limitation, limitation those arising out of or relating to Xxxx'x Executive's employment or cessation and cessation termination of employment, his the Severance Plan or any other written or oral agreement, any change in Executive's employment dutiesstatus, consulting status and his retirement from Xxxxxx Xxxx on any benefits or before November 15compensation, 2005any tortuous injury, breach of contract, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, and any claims 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 Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act ("ERISA"), as such acts have been amendedof 1974, or any other federal, state, state or local statutestature, law, ordinance, regulation, code rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Xxxx Executive against Xxxxxx Xxxxthe Company or its subsidiaries in any legal, provided administrative or other proceeding; provided, however, that the Releasing Parties do foregoing release does not release potential claims arising apply to (i) any Claim under ERISA to or based on this Agreement or (ii) any benefits to which Xxxx is entitled in accordance with vested benefit Executive may have as of the Xxxxxx Xxxx Benefit Programs by virtue Separation Date under any applicable employee benefit plan of his employment with Xxxxxx Xxxx prior to his Retirement Datethe Company.

Releases and Covenants Not to XXX. (a) XxxxExecutive, for himself, his agents, legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (collectively, the "Executive Releasing Parties"), hereby releases and forever discharges Xxxxxx Xxxxthe Company, its present or past parent corporations, subsidiaries, divisions subsidiaries and affiliates, or related companies, and their respective successors or and assigns, and their respective present or past officers, trustees, directors, shareholders, employees 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 whatsoeverwhatsoever (including without limitation attorneys' fees and expenses), whether known or unknown 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, including without limitation, limitation those arising out of or relating to Xxxx'x Executive's employment or cessation and cessation termination of employment, his the Severance Plan or any other written or oral agreement, any change in executive's employment dutiesstatus, consulting status and his retirement from Xxxxxx Xxxx on any benefits or before November 15compensation, 2005any tortuous injury, breach of contract, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, and any claims Claims arising under Title VII of the Civil Rights rights Act of 1964 (( as amended by the Civil Rights 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 workers Benefits Protection Act, the Age Discrimination in Employment employment Act, the Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act ("ERISA"), as such acts have been amendedof 1974, or any other federal, state, state or local statutestature, law, ordinance, regulation, code rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Xxxx Executive against Xxxxxx Xxxxthe company or its subsidiaries in any legal, provided administrative or other proceeding; provided, however, that the Releasing Parties do foregoing release does not release potential claims arising apply to (I) any Claim under ERISA to or based on this Agreement or (ii) any benefits to which Xxxx is entitled in accordance with vested benefit Executive may have as of the Xxxxxx Xxxx Benefit Programs by virtue Separation Date under any applicable employee benefit plan of his employment with Xxxxxx Xxxx prior to his Retirement Datethe Company.

Releases and Covenants Not to XXX. (a) XxxxExecutive, for himself, his agents, legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (collectively, the "Executive Releasing Parties"), hereby releases and forever discharges Xxxxxx Xxxxthe Company, its present or past parent corporations, subsidiaries, divisions subsidiaries and affiliates, or related companies, and their respective successors or and assigns, and their respective present or past officers, trustees, directors, shareholders, employees 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 whatsoeverwhatsoever (including without limitation attorneys' fees and expenses), whether known or unknown 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, including without limitation, limitation those arising out of or relating to Xxxx'x Executive's employment or cessation and cessation termination of employment, his the Severance Plan or any other written or oral agreement, any change in Executive's employment dutiesstatus, consulting status and his retirement from Xxxxxx Xxxx on any benefits or before November 15compensation, 2005any tortuous injury, breach of contract, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, and any claims 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 Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act ("ERISA"), as such acts have been amendedof 1974, or any other federal, state, state or local statute, law, ordinance, regulation, code rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Xxxx Executive against Xxxxxx Xxxxthe Company or its subsidiaries in any legal, provided administrative or other proceeding; provided, however, that the Releasing Parties do foregoing release does not release potential claims arising apply to (i) any Claim under ERISA to or based on this Agreement or (ii) any benefits to which Xxxx is entitled in accordance with vested benefit Executive may have as of the Xxxxxx Xxxx Benefit Programs by virtue Separation Date under any applicable employee benefit plan of his employment with Xxxxxx Xxxx prior to his Retirement Datethe Company.