Scope of Released Claims Sample Clauses
Scope of Released Claims. Without limiting the generality of the Claims released in Section 2, the Executive acknowledges and agrees that the Claims include all:
(i) claims against any Released Party arising from or related to any employment or contractor relationship between the Executive and any Released Party and/or the termination of any such relationship except as expressly provided in Section 2,
(ii) claims against any Released Party for wrongful discharge of employment, termination in violation of public policy, discrimination of any kind (including discrimination based on race, color, religion, sex, sexual orientation, age, national origin, ancestry, physical or mental disability, marital status, order of protection status, genetic status, veteran status, unfavorable discharge from military service, citizenship status or other classification protected by Law), harassment of any kind (including harassment on the basis of gender, pregnancy, age, race, national origin, sexual orientation and/or disability), breach of contract, breach of a covenant of good faith and fair dealing, promissory estoppel, reformation, negligent or intentional infliction of emotional distress, negligent or intentional misrepresentation, deceit, concealment, negligent or intentional interference with contract or prospective economic advantage, unfair business practices, defamation, libel, slander, negligence, breach of fiduciary duty, personal injury, assault, battery, invasion of privacy, false imprisonment, conspiracy, unfair business practices and/or conversion,
(iii) claims against any Released Party for violation of any applicable federal, state, county, parish or municipal laws relating to employment or employment discrimination (including Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 (subject to Section 2(c)), the Americans with Disabilities Act of 1990, the Family and Medical Leave Act, the Employee Retirement Income Security Act of 1974, the Worker Adjustment and Retraining Notification Act, the Older Workers Benefit Protection Act, the Computer Fraud and Abuse Act, the Economic Espionage Act, and comparable state and local laws),
(iv) claims against any Released Party for violation of the federal or any state constitution, and
(v) all claims against any Released Party for attorneys’ fees and costs, whether pursuant to any other statute or contract.
Scope of Released Claims. The claims released in Sections 10.1 and 10.2 of this Agreement (the “Released Claims”) do not include any claims arising from or related to the Antitrust Litigation. Thus, nothing in this Agreement shall be construed to release, modify, bar or limit any of the claims, rights or causes of action that Masimo has asserted against Nellcor or defenses asserted by Nellcor in the Antitrust Litigation, all of which are expressly preserved, except that any and all claims or defenses asserted by Nellcor in the Antitrust Litigation related to Nellcor’s U.S. Patent No. 4,934,372 or any other claims or defenses related to alleged infringement by Masimo of Nellcor patents are released and waived by virtue of this settlement.
Scope of Released Claims. (1) For greater certainty, pursuant to the definition of Released Claims in Section 1 of this Settlement Agreement, the releases, covenants and undertakings granted and given by the Releasors in respect of the Released Claims on the Effective Date under sections 6.1, 6.2 and 6.3, shall include, without limitation, the ITWAL Claims that are held by the Settlement Class as Releasors on the Effective Date.
Scope of Released Claims. The Released Claims include, but are not limited to: (i) all claims arising out of or in any way related to your employment with the Company, or the termination of that employment; (ii) all claims related to your compensation or benefits from the Company or any of the Company’s parent or subsidiary entities or affiliates, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company or any of the Company’s parent or subsidiary entities or affiliates; (iii) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (iv) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation March 24, 2018 ▇▇▇▇▇ ▇▇▇▇▇ of public policy; and (v) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the federal Family and Medical Leave Act (as amended), the California Family Rights Act (as amended), the California Fair Employment and Housing Act (as amended), the Pennsylvania Equal Pay Law, the Pennsylvania Wage Payment and Collection Law, the City of Philadelphia Fair Practices Code, and the Pennsylvania Human Relations Act.
Scope of Released Claims. Executive understands that the Released Claims include, to the extent permitted by applicable law, claims at law or equity or sounding in contract (express or implied) or tort, claims (including claims for monetary damages) arising under any federal, state, or local laws, of any jurisdiction, that prohibit age, sex, race, national origin, color, disability, religion, veteran or any other form of discrimination, harassment, or retaliation (including the Age Discrimination in Employment Act, the Americans with Disabilities Act, Title VII of the 1964 Civil Rights Act, the Civil Rights Act of 1991, 42 U.S.C. § 1981, or the Rehabilitation Act), under the Family and Medical Leave Act, the Employee Retirement Income Security Act, any other claim under any law related to Executive’s employment with the Company, and any other matter arising between Executive and any member of the Company Group through the date that this Release is signed by Executive.
Scope of Released Claims. Upon the Settlement Effective Date, Class Members, on behalf of themselves and their heirs, estates, executors, assigns, and transferees, will release and forever discharge the Released Persons from all claims, debts, penalties, liabilities, demands, obligations, guarantees, costs, expenses, attorneys’ fees, damages, actions or causes of action of whatever kind or nature, whether known or unknown, arising out Butterball’s procurement of a consumer report on them between March 11, 2011, and September 30, 2013, including but not limited to any failure to provide Class Members a copy of their consumer report and a summary of their rights under the Fair Credit Reporting Act prior to taking adverse action against any Class Member, and any failure to comply with the disclosure and authorization requirements of the Fair Credit Reporting Act.
Scope of Released Claims. The Released Claims specifically include, without limitation, any and all contract or tort claims, claims for wrongful termination, retaliation, employment discrimination, emotional distress, fraud, misrepresentation, defamation, invasion of privacy, interference with prospective economic advantage, breach of contract, misrepresentation, promissory estoppel or reliance, exemption misclassification, failure to pay wages due or other monies owed, including, without limitation, severance, overtime compensation, accrued and unused vacation; claims for penalties, interest, attorneys’ fees and costs, including but not limited to penalties recoverable under the Private Attorneys General Act; and claims arising under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the Older Workers’ Benefit Protection Act of 1990, as amended, the California Family Rights Act, the California Fair Employment and Housing Act, the Occupational Safety and Health Act, the California Labor Code, including but not limited to the Private Attorneys General Act, any applicable California Industrial Wage Orders, all as amended, and any other local, state or federal law, rule, or regulation relating to or affecting Employee’s employment by DocuSign. The Released Claims do not include (i) any rights or benefits that may not be waived pursuant to applicable law; (ii)any right to indemnification or coverage under any directors’ and officers’ or other Company insurance coverage pursuant to applicable law (including but not limited to California Labor Code Section 2800 or Section 2802), under any organizational document of the Company, or under any insurance policy of the Company, (iii) any vested rights or benefits under any Company ERISA plan, (iv) any rights under this Agreement, or (v) any worker’s compensation claims that Employee may possess or claim that cannot be released as a matter of law, although Employee represents that Employee is not currently aware of any such claim, or any claim for vested or accrued amounts, benefits or entitlements under any benefit plan, policy or arrangement of the Company or any of its affiliates (excluding the Retention Agreement). The release contained herein shall not be construed to waive any right to apply for unemployment insurance benefits.