Releases by Executive. (a) Subject to the Company’s execution of this Agreement, Executive, on behalf of himself and anyone claiming through him, hereby agrees not to xxx the Company or any of its divisions, subsidiaries, or other affiliated entities (whether or not such entities are wholly owned), or the predecessors, successors or assigns of any of them (hereinafter referred to as the “Company Entity Released Parties”), and agrees to release and discharge, fully, finally and forever, the Company Entity Released Parties from any and all claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands of any nature whatsoever, in law or in equity, both known and unknown, asserted or not asserted, foreseen or unforeseen, which Executive ever had or may presently have against any of the Company Entity Released Parties arising from the beginning of time up to and including the effective date of this Agreement, including, without limitation, all matters in any way related to Executive’s employment by the Company or his service as an officer or director of the Company, the terms and conditions thereof, any failure to promote Executive or the termination or cessation of Executive’s employment with the Company or his service as an officer or director of the Company, and including, without limitation, any and all claims arising under the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Family and Medical Leave Act, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, the Illinois Human Rights Act, the Chicago or Xxxx County Human Rights Ordinance, the Pennsylvania Human Relations Act, the Philadelphia Fair Practices Ordinance or any other federal, state, local or foreign statute, regulation, ordinance or order, or pursuant to any common law doctrine; provided, however, that nothing contained in this Section 1(a) shall apply to, or release the Company or any of the other Company Entity Released Parties from, (A) any obligation of the Company or any of the other Company Entity Released Parties contained in Article VII or VIII (as applicable) of the Employment Agreement or (B) any vested or accrued benefit pursuant to any employee benefit plan of the Company or any of the other Company Entity Released Parties (such obligations and benefits collectively, the “Unreleased Claims”). Executive agrees that he has no present or future right to employment with the Company or any of the other Company Entity Released Parties and that he will not apply for or otherwise seek employment with any of them. (b) Executive, on behalf of himself and anyone claiming through him, hereby agrees not to xxx any of the past, present or future directors, officers, administrators, trustees, fiduciaries, employees, agents, attorneys or shareholders of any of the Company Entity Released Parties (hereinafter referred to as the “Company Individual Released Parties”; the Company Entity Released Parties and the Company Individual Released Parties are sometimes collectively referred to as the “Company Released Parties” ) with respect to Executive’s employment by the Company or his service as an officer or director of the Company, the terms and conditions thereof, any failure to promote Executive or the termination or cessation of Executive’s employment with the Company or his service as an officer or director of the Company, and agrees to release and discharge, fully, finally and forever, the Company Individual Released Parties from any and all claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands of any nature whatsoever, in law or in equity, both known and unknown, asserted or not asserted, foreseen or unforeseen, which Executive ever had or may presently have against any of the Company Individual Released Parties arising from the beginning of time up to and including the effective date of this Agreement, but only to the extent such claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are related to Executive’s employment by the Company or his service as an officer or director of the Company, the terms and conditions thereof, any failure to promote Executive or the termination or cessation of Executive’s employment with the Company or his service as an officer or director of the Company, including, without limitation, claims relating thereto arising under the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Family and Medical Leave Act, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, the Illinois Human Rights Act, the Chicago or Xxxx County Human Rights Ordinance, the Pennsylvania Human Relations Act or the Philadelphia Fair Practices Ordinance; provided, however, that nothing contained in this Section 1(b) shall apply to, or release the Company Individual Released Parties from, any of the Unreleased Claims. (c) The consideration offered herein is accepted by Executive as being in full accord, satisfaction, compromise and settlement of any and all claims or potential claims of Executive released herein (the “Released Claims”).
Appears in 2 contracts
Samples: Employment Agreement (Exelon Corp), Employment Agreement (Exelon Generation Co LLC)
Releases by Executive. (a) Subject to In consideration of the Company’s execution agreement to enter into this Agreement and accept the provision by Executive of this Agreementthe Consulting Services, Executive, on behalf of for himself and anyone claiming through himhis dependents, successors, assigns, heirs, executors and administrators, hereby agrees not to xxx releases, dismisses, remises and forever discharges the Company or any and all of its divisionsparents, subsidiaries, affiliates, divisions, successors, assigns, trustees, officers, directors, partners, agents, and former and current employees, including without limitation all persons acting by, through, under or other affiliated entities (whether or not such entities are wholly owned), or the predecessors, successors or assigns of in concert with any of them (hereinafter referred to as collectively, the “Company Entity Released PartiesReleasees”), and agrees to release and discharge, fully, finally and forever, the Company Entity Released Parties ) from any and all arbitrations, claims, causes of actionincluding claims for attorney’s fees, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of moneydemands, damages, judgments and demands suits, proceedings, actions and/or causes of action of any nature whatsoeverkind and every description, in law whether known or in equity, both known and unknown, asserted or not asserted, foreseen or unforeseenunknown (“claims”), which Executive ever had now has or may presently have had, or may have or claim to have in the future against each or any of the Company Entity Released Parties arising Releasees by reason of any matter, cause or thing occurring, done or omitted to be done from the beginning of time up to and including until the effective date of the execution of this Agreement, including, release including without limitation, all matters in limitation any way related to claim arising out of or relating to:
(i) Executive’s employment by and provision of services to the Company on and prior to the Effective Date;
(ii) discrimination, including but not limited to claims of discrimination on the basis of sex, race, age, national origin, marital status, religion or his service as an officer or director handicap, including, specifically, but without limiting the generality of the Company, the terms and conditions thereofforegoing, any failure to promote Executive or claims under the termination or cessation Age Discrimination in Employment Act, as amended, Title VII of Executive’s employment with the Company or his service as an officer or director of the Company, and including, without limitation, any and all claims arising under the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Family and Medical Leave Act, the Americans With with Disabilities Act, and any claims under applicable state laws; and
(iii) breach by the Employee Retirement Income Security Act Company of 1974any contract or promise, express or implied, on or prior to the Illinois Human Rights Act, the Chicago or Xxxx County Human Rights Ordinance, the Pennsylvania Human Relations Act, the Philadelphia Fair Practices Ordinance or any other federal, state, local or foreign statute, regulation, ordinance or order, or pursuant to any common law doctrineEffective Date; provided, however, that nothing contained in this Section 1(a) the foregoing shall not apply to, or release to claims to enforce rights that Executive may have as of the Company or Effective Date to vested benefits under any of the other Company Entity Released Parties fromCompany’s tax-qualified plans and agreements, (A) as provided herein, or under any obligation indemnification Agreement between Executive and the Company, under the Company’s indemnification provided in its by-laws, under the directors’ and officers’ liability coverage maintained by the Company, under Section 145 of the Delaware General Corporation Law, or any obligations of the Company arising after the date hereof to make any payments to Executive under this Agreement. In addition, nothing in this release is intended to interfere with Executive’s right to file a charge with the Equal Employment Opportunity Commission in connection with any claim Executive believes he may have against the Company Releasees. However, by executing this release, Executive hereby waives the right to recover in any proceeding that Executive may bring before the Equal Employment Opportunity Commission or any state human rights commission or in any proceeding brought by the Equal Employment Opportunity Commission or any state human rights commission on Executive’s behalf. In addition, this release is not intended to interfere with Executive’s right to challenge that his waiver of the other Company Entity Released Parties contained in Article VII or VIII (as applicable) of the Employment Agreement or (B) any vested or accrued benefit and all ADEA claims pursuant to any employee benefit plan of this release is a knowing and voluntary waiver, notwithstanding Executive’s specific representation to the Company or any of the other Company Entity Released Parties (such obligations and benefits collectively, the “Unreleased Claims”). Executive agrees that he has no present or future right to employment with the Company or any of the other Company Entity Released Parties entered into this Agreement and that he will not apply for or otherwise seek employment with any of themexecuted this release and waiver knowingly and voluntarily.
(b) Executive, on behalf of himself Executive further agrees and anyone claiming through him, hereby agrees not to xxx any of the past, present or future directors, officers, administrators, trustees, fiduciaries, employees, agents, attorneys or shareholders of any of the Company Entity Released Parties acknowledges that:
(hereinafter referred to as the “Company Individual Released Parties”; the Company Entity Released Parties and the Company Individual Released Parties are sometimes collectively referred to as the “Company Released Parties” i) with respect to Executive’s employment He has been advised by the Company or to consult with legal counsel prior to executing and delivering this Agreement and the release provided for herein, has had an opportunity to consult with and to be advised by legal counsel of his service as an officer or director of the Companychoice, fully understands the terms of this Agreement and conditions thereof, any failure to promote Executive or the termination or cessation of Executive’s employment with the Company or his service as an officer or director of the Companyrelease, and agrees enters into this Agreement and release freely, voluntarily and intending to release be bound;
(ii) He has been given a period of twenty-one (21) days to review and discharge, fully, finally and forever, consider the Company Individual Released Parties from any and all claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands of any nature whatsoever, in law or in equity, both known and unknown, asserted or not asserted, foreseen or unforeseen, which Executive ever had or may presently have against any of the Company Individual Released Parties arising from the beginning of time up to and including the effective date terms of this Agreement, but only and the release contained herein, prior to its execution and that he may use (or waive) as much of the twenty-one (21) day period as he desires; and
(iii) He may, within seven (7) days after execution and delivery, revoke this release. Revocation shall be made by delivering a written notice of revocation to: Xxxxx X. Xxxxxxxx, President and Chief Executive Officer at the Company. For such revocation to be effective, written notice must be received by the Chief Executive Officer at the Company no later than the close of business on the seventh (7th) day after Executive executes this Agreement. If Executive does exercise his right to revoke this release, the Consulting Services will be terminated and the Company shall not have any obligation to make payments or provide any benefits to Executive as set forth in this Agreement, including without limitation those payments set forth in paragraphs 2 and 3 hereof, except as may be required under the consolidated Omnibus Reconciliation Act of 1986 and except to the extent Executive is entitled to such claims, causes benefits by reason of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments agreements and demands are related to Executive’s employment by the Company or his service as an officer or director of the Company, the terms and conditions thereof, any failure to promote Executive or the termination or cessation of Executive’s employment with the Company or his service as an officer or director of the Company, including, without limitation, claims relating thereto arising under the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Family and Medical Leave Act, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, the Illinois Human Rights Act, the Chicago or Xxxx County Human Rights Ordinance, the Pennsylvania Human Relations Act or the Philadelphia Fair Practices Ordinance; provided, however, that nothing contained in plans other than this Section 1(b) shall apply toAgreement, or release the Company Individual Released Parties from, any of the Unreleased Claimsas required by law.
(c) The consideration offered herein is accepted by Executive as being in full accord, satisfaction, compromise and settlement of any and all claims or potential claims of Executive released herein (the “Released Claims”).
Appears in 1 contract
Samples: Retirement and Consulting Agreement (Dollar Thrifty Automotive Group Inc)
Releases by Executive. (a) Subject In consideration of the payment to the Company’s execution be received by Executive pursuant to Paragraph 4 of this Agreement, Executive, on behalf of for himself and anyone claiming through himhis dependents, successors, assigns, heirs, executors and administrators (and his and their legal representatives of every kind), hereby agrees not to xxx releases, dismisses, remises and forever discharges the Company or any of its divisions, subsidiaries, or other affiliated entities (whether or not such entities are wholly owned), or the predecessors, successors or assigns of any of them (hereinafter referred to as the “Company Entity Released Parties”), and agrees to release and discharge, fully, finally and forever, the Company Entity Released Parties from any and all arbitrations, claims, causes of actionincluding claims for attorney's fees, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of moneydemands, damages, judgments and demands suits, proceedings, actions and/or causes of action of any nature whatsoeverkind and every description, in law whether known or in equity, both known and unknown, asserted or not asserted, foreseen or unforeseenunknown ("claims"), which Executive ever had now has or may presently have against any of had for, upon, or by reason of:
(i) Executive's employment by or service with the Company Entity Released Parties arising from to the beginning Effective Date;
(ii) discrimination, including but not limited to claims of time up to and including discrimination on the effective date basis of this Agreementsex, race, age, national origin, marital status, religion or handicap, including, specifically, but without limitation, all matters in any way related to Executive’s employment by limiting the Company or his service as an officer or director generality of the Company, the terms and conditions thereofforegoing, any failure to promote Executive or claims under the termination or cessation Age Discrimination in Employment Act, as amended, Title VII of Executive’s employment with the Company or his service as an officer or director of the Company, and including, without limitation, any and all claims arising under the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Family and Medical Leave Act, the Americans With with Disabilities Act, and any claims under applicable state laws; and
(iii) breach by the Employee Retirement Income Security Act Company of 1974any contract or promise, express or implied, on or prior to the Illinois Human Rights Act, the Chicago or Xxxx County Human Rights Ordinance, the Pennsylvania Human Relations Act, the Philadelphia Fair Practices Ordinance or any other federal, state, local or foreign statute, regulation, ordinance or order, or pursuant to any common law doctrineEffective Date; provided, however, that nothing contained in this Section 1(a) the foregoing shall not apply to, or release to claims to enforce rights that Executive may have as of the Company or Effective Date under any of the other Company Entity Released Parties fromCompany's plans and agreements, (A) as provided in Paragraph 17 hereof, or under any obligation indemnification agreement between Executive and the Company, under the Company's indemnification provided in its by-laws, under the directors' and officers' liability coverage maintained by the Company, under Section 145 of the Company Delaware General Corporation Law, or any of the other Company Entity Released Parties contained in Article VII or VIII (as applicable) of the Employment Agreement or (B) any vested or accrued benefit pursuant to any employee benefit plan of the Company or any of the other Company Entity Released Parties (such obligations and benefits collectively, the “Unreleased Claims”). Executive agrees that he has no present or future right to employment with the Company or any of the other Company Entity Released Parties and that he will not apply for or otherwise seek employment with any of themunder this Agreement.
(b) Executive, on behalf of himself Executive further agrees and anyone claiming through him, hereby agrees not to xxx any of the past, present or future directors, officers, administrators, trustees, fiduciaries, employees, agents, attorneys or shareholders of any of the Company Entity Released Parties acknowledges that:
(hereinafter referred to as the “Company Individual Released Parties”; the Company Entity Released Parties and the Company Individual Released Parties are sometimes collectively referred to as the “Company Released Parties” i) with respect to Executive’s employment He has been advised by the Company or to consult with legal counsel prior to executing and delivering this Agreement and the release provided for in this Paragraph 6, has had an opportunity to consult with and to be advised by legal counsel of his service as an officer or director of the Companychoice, fully understands the terms of this Agreement and conditions thereof, any failure to promote Executive or the termination or cessation of Executive’s employment with the Company or his service as an officer or director of the Companyrelease, and agrees enters into this Agreement and release freely, voluntarily and intending to release be bound;
(ii) He has been given a period of twenty-one 21) days to review and discharge, fully, finally and forever, consider the Company Individual Released Parties from any and all claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands of any nature whatsoever, in law or in equity, both known and unknown, asserted or not asserted, foreseen or unforeseen, which Executive ever had or may presently have against any of the Company Individual Released Parties arising from the beginning of time up to and including the effective date terms of this Agreement, but only and the release contained herein, prior to its execution and that he may use as much of the twenty-one (21) day period as he desires; and
(iii) He may, within seven (7) days after execution and delivery, revoke this release. Revocation shall be made by delivering a written notice of revocation to: Steven B. Hildebrand, Chief Financial Officer at xxx Xxxxxxx. Xxx xuch revocation to be effective, written notice must be received by the Chief Financial Officer at the Company no later than the close of business on the seventh (7th) day after Executive executes this Agreement. If Executive does exercise his right to revoke this release, the Company shall not have any obligation to make payments or provide benefits to Executive as set forth in Paragraph 4 of this Agreement, except as may be required under the Consolidated Omnibus Reconciliation Act of 1986 and except to the extent Executive is entitled to such claims, causes benefits by reason of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments agreements and demands are related to Executive’s employment by the Company or his service as an officer or director of the Company, the terms and conditions thereof, any failure to promote Executive or the termination or cessation of Executive’s employment with the Company or his service as an officer or director of the Company, including, without limitation, claims relating thereto arising under the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Family and Medical Leave Act, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, the Illinois Human Rights Act, the Chicago or Xxxx County Human Rights Ordinance, the Pennsylvania Human Relations Act or the Philadelphia Fair Practices Ordinance; provided, however, that nothing contained in plans other than this Section 1(b) shall apply to, or release the Company Individual Released Parties from, any of the Unreleased ClaimsAgreement.
(c) The consideration offered herein is accepted by As a condition of the Company's obligation to make payments or provide benefits to Executive as being set forth in full accordParagraph 4 of this Agreement, satisfactionExecutive shall, compromise if requested by the Company, at the time of his retirement as an employee of the Company pursuant to Paragraph 5 of this Agreement, execute and settlement deliver a release substantially similar in form and substance to this Paragraph 6, but effective as of any and all claims or potential claims of Executive released herein (the “Released Claims”)Retirement Date.
Appears in 1 contract
Samples: Employment and Retirement Agreement (Dollar Thrifty Automotive Group Inc)
Releases by Executive. (ai) Subject to the Company’s execution of this Agreement, Executive, on behalf of himself and anyone claiming through him, hereby agrees not to xxx sue the Company or any of its divisions, subsidiaries, or other affiliated entities (whether or not such entities are wholly owned), or the predecessors, successors or assigns of any of them (hereinafter referred to as the “"Company Entity Released Parties”"), and agrees to release and discharge, fully, finally and forever, the Company Entity Released Parties from any and all claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands of any nature whatsoever, in law or in equity, both known and unknown, asserted or not asserted, foreseen or unforeseen, which Executive ever had or may presently have against any of the Company Entity Released Parties arising from the beginning of time up to and including the effective date of this Agreement, including, without limitation, all matters in any way related to Executive’s 's employment by the Company or his service as an officer or director of the Company, the terms and conditions thereof, any failure to promote Executive or the termination or cessation of Executive’s 's employment with the Company or his service as an officer or director of the Company, and including, without limitation, any and all claims arising under the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Older Workers’ ' Benefit Protection Act, the Family and Medical Leave Act, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, the Illinois Human Rights Act, the Chicago or Xxxx Cook County Human Rights Ordinance, the Pennsylvania Human Relations Act, the Philadelphia Fair Practices Ordinance or any other federal, state, local or foreign statute, regulation, ordinance or order, or pursuant to any common law doctrine; provided, however, that nothing contained in this Section 1(a15(a)(i) shall apply to, or release the Company or any of the other Company Entity Released Parties from, (A) any obligation of the Company or any of the other Company Entity Released Parties contained in Article VII this Agreement or VIII (as applicable) the stock option agreements or restricted stock agreements between the Company or any of the Employment Agreement other Company Entity Released Parties and Executive or (B) any vested or accrued benefit pursuant to any employee benefit plan of the Company or any of the other Company Entity Released Parties (such obligations and benefits collectively, the “"Unreleased Claims”"). Executive agrees that he has no present or future right to employment with the Company or any of the other Company Entity Released Parties and that he will not apply for or otherwise seek employment with any of them.
(bii) Executive, on behalf of himself and anyone claiming through him, hereby agrees not to xxx sue any of the past, present or future directors, officers, administrators, trustees, fiduciaries, employees, agents, attorneys or shareholders of any of the Company Entity Released Parties (hereinafter referred to as the “"Company Individual Released Parties”"; the Company Entity Released Parties and the Company Individual Released Parties are sometimes collectively referred to as the “"Company Released Parties” " ) with respect to Executive’s 's employment by the Company or his service as an officer or director of the Company, the terms and conditions thereof, any failure to promote Executive or the termination or cessation of Executive’s 's employment with the Company or his service as an officer or director of the Company, and agrees to release and discharge, fully, finally and forever, the Company Individual Released Parties from any and all claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands of any nature whatsoever, in law or in equity, both known and unknown, asserted or not asserted, foreseen or unforeseen, which Executive ever had or may presently have against any of the Company Individual Released Parties arising from the beginning of time up to and including the effective date of this Agreement, but only to the extent such claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are related to Executive’s 's employment by the Company or his service as an officer or director of the Company, the terms and conditions thereof, any failure to promote Executive or the termination or cessation of Executive’s 's employment with the Company or his service as an officer or director of the Company, including, without limitation, claims relating thereto arising under the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Older Workers’ ' Benefit Protection Act, the Family and Medical Leave Act, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, the Illinois Human Rights Act, the Chicago or Xxxx Cook County Human Rights OrdinanceXxxxnance, the Pennsylvania Human Relations Act or the Philadelphia Fair Practices Ordinance; provided, however, that nothing contained in this Section 1(b15(a)(ii) shall apply to, or release the Company Individual Released Parties from, any of the Unreleased Claims.
(ciii) The consideration offered herein is accepted by Executive as being in full accord, satisfaction, compromise and settlement of any and all claims or potential claims of Executive released herein (the “"Released Claims”"), and Executive expressly agrees that he is not entitled to, and shall not receive, any further recovery of any kind from the Company or any of the other Company Released Parties with respect to the Released Claims, and that in the event of any further proceedings whatsoever based upon any of the Released Claims, neither the Company nor any of the other Company Released Parties shall have any further monetary or other obligation of any kind to Executive, including any obligation for any costs, expenses or attorneys' fees incurred by or on behalf of Executive, except as set forth in Sections 17 and 31.
Appears in 1 contract
Releases by Executive. (a) Subject to the Company’s execution of this Agreement, Executive, on behalf of himself and anyone claiming through him, hereby agrees not to xxx sxx the Company or any of its divisions, subsidiaries, or other affiliated entities (whether or not such entities are wholly owned), or the predecessors, successors or assigns of any of them (hereinafter referred to as the “Company Entity Released Parties”), and agrees to release and discharge, fully, finally and forever, the Company Entity Released Parties from any and all claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands of any nature whatsoever, in law or in equity, both known and unknown, asserted or not asserted, foreseen or unforeseen, which Executive ever had or may presently have against any of the Company Entity Released Parties arising from the beginning of time up to and including the effective date of this Agreement, including, without limitation, all matters in any way related to Executive’s employment by the Company or his service as an officer or director of the Company, the terms and conditions thereof, any failure to promote Executive or the termination or cessation of Executive’s employment with the Company or his service as an officer or director of the Company, and including, without limitation, any and all claims arising under the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Family and Medical Leave Act, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, the Illinois Human Rights Act, the Chicago or Xxxx Cxxx County Human Rights Ordinance, the Pennsylvania Human Relations Act, the Philadelphia Fair Practices Ordinance or any other federal, state, local or foreign statute, regulation, ordinance or order, or pursuant to any common law doctrine; provided, however, that nothing contained in this Section 1(a10.1(a) shall apply to, or release the Company or any of the other Company Entity Released Parties from, (A) any obligation of the Company or any of the other Company Entity Released Parties contained in Article VII or VIII (as applicable) of the Employment Agreement or (B) any vested or accrued benefit pursuant to any employee benefit plan of the Company or any of the other Company Entity Released Parties (such obligations and benefits collectively, the “Unreleased Claims”). Executive agrees that he has no present or future right to employment with the Company or any of the other Company Entity Released Parties and that he will not apply for or otherwise seek employment with any of them.
(b) Executive, on behalf of himself and anyone claiming through him, hereby agrees not to xxx sxx any of the past, present or future directors, officers, administrators, trustees, fiduciaries, employees, agents, attorneys or shareholders of any of the Company Entity Released Parties (hereinafter referred to as the “Company Individual Released Parties”; the Company Entity Released Parties and the Company Individual Released Parties are sometimes collectively referred to as the “Company Released Parties” ) with respect to Executive’s employment by the Company or his service as an officer or director of the Company, the terms and conditions thereof, any failure to promote Executive or the termination or cessation of Executive’s employment with the Company or his service as an officer or director of the Company, and agrees to release and discharge, fully, finally and forever, the Company Individual Released Parties from any and all claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands of any nature whatsoever, in law or in equity, both known and unknown, asserted or not asserted, foreseen or unforeseen, which Executive ever had or may presently have against any of the Company Individual Released Parties arising from the beginning of time up to and including the effective date of this Agreement, but only to the extent such claims, causes of action, lawsuits, liabilities, debts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, judgments and demands are related to Executive’s employment by the Company or his service as an officer or director of the Company, the terms and conditions thereof, any failure to promote Executive or the termination or cessation of Executive’s employment with the Company or his service as an officer or director of the Company, including, without limitation, claims relating thereto arising under the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Family and Medical Leave Act, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, the Illinois Human Rights Act, the Chicago or Xxxx Cxxx County Human Rights Ordinance, the Pennsylvania Human Relations Act or the Philadelphia Fair Practices Ordinance; provided, however, that nothing contained in this Section 1(b10.1(b) shall apply to, or release the Company Individual Released Parties from, any of the Unreleased Claims.
(c) The consideration offered herein is accepted by Executive as being in full accord, satisfaction, compromise and settlement of any and all claims or potential claims of Executive released herein (the “Released Claims”).
Appears in 1 contract