Second Release. In exchange for additional severance benefits to which I would not otherwise be entitled, set forth in Section 2.B of the attached transition services and separation agreement dated as of June 14, 2011 (the “Agreement”), the terms of which are incorporated by reference in this second release (this “Second Release”), I (and anyone acting on my behalf) agree to release every past and present right or claim of any kind, whether legal, equitable or otherwise, against Xxxxxx Group Inc. (the “Company”), including, without limitation, any and all related entities, corporations, partnerships, subsidiaries, joint ventures and divisions of the Company. I give up such rights and claims against the Company, its employee benefit plans and anyone else related to the Company (such as, without limitation, the Company’s present and former employees, officers, directors, stockholders, representatives, agents and insurers). I agree that I executed this Second Release on my own behalf and also on behalf of any heirs, agents, representatives, successors and assigns that I have now or may have in the future. These rights and claims include, but are not limited to, those that I may have under the Age Discrimination in Employment Act, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964 and Executive Order 11246, which prohibit discrimination in employment based on race, color, national origin, religion or sex; the Americans With Disabilities Act of 1990, which prohibits discrimination in employment based on a handicap or disability; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; any claims under the Worker Adjustment and Retraining Notification Act of 1988 or any similar law, which requires, among other things, that advance notice be given of certain work force reductions; and all claims under the Employee Retirement Income Security Act of 1974, such as claims relating to pension, profit sharing, or health plan benefits, except as noted in the following paragraph; the Family and Medical Leave Act of 1993; all claims under any state Fair Employment Practices Act as well as any other federal, state or local laws or regulations; all claims for alleged physical or personal injury or emotional distress; and any other claims which could arise from employment or separation from employment, whether in express or implied contract (whether written or oral), or claims for breach of any covenant of good faith and fa...
Second Release. Largo Vista will release the second (2nd) batch of 33,333,333 shares of its common stock to Shanghai Oil and/or its designated beneficiaries one (1) year after the First Release.
Second Release. This General Release of All Claims and Covenant Not to Sue (the “Second Release”) is entered into between Jxxxxx Xxxxxx (“Employee”) and zSpace, Inc. (the “Company”) (collectively, “the parties”).
Second Release. Xx. Xxxxxxxxx also agrees to execute a second release of claims acceptable to CH2M upon the end of the Retirement Transition Period containing substantially identical language to Sections 4, 5 and 7 through 9 hereof. (See Attachment A, hereto.)
Second Release. In exchange for signing the Release a second time and subject to compliance with the restrictive covenants in the Employment Agreement, including but not limited to, the non-disparagement provisions, Employee will be eligible to receive the severance payments and benefits set forth in Sections 6.1(b), (d), (e), and (f) of the Employment Agreement (the “Severance Benefits”). For the avoidance of doubt, after the Termination Date, Employee will be eligible to performance-vest only in (i) the portion of the Employee’s 2021-2025 performance award which vests subject to the Company’s adjusted-EBITDA through the end of 2025, (ii) the portion of the Employee’s 2022-2024 performance award which vests subject to the Company’s adjusted-EBITDA through the end of 2024, and (iii) the portion of the Employee’s 2023-2025 performance award which vests subject to the Company’s adjusted-EBITDA through the end of 2025, in each case subject to actual Company performance. Following the Termination Date, Employee will be eligible for outplacement services available to all senior executives of the Company.
Second Release. (a) In exchange for the Separation Payment, the COBRA Subsidy and the release provided by the COMPANY and the other COMPANY Releasing Parties pursuant to Paragraph 7 of the other covenants Second Release Effective Date Parties, hereby unconditionally and irrevocably waives, releases and forever discharges the COMPANY and the COMPANY Released Parties, from any and all debts, demands, actions, causes of action, complaints, suits, accounts, covenants, contracts, agreements, damages, losses, judgments, executions, orders, fees, costs, and expenses, and any and all claims, demands and liabilities whatsoever of any kind, whether in law or in equity, known or unknown, suspected or unsuspected, whether sounding in tort, contract, under municipal, state, or federal law or any other rule, regulation or authority, which the EXECUTIVE Releasing Parties have, or ever had, against the COMPANY Released Parties, from the beginning of time to the Second Release Effective Date, except as otherwise set forth in Paragraph 5(d) of the Separation Agreement (which carves out the Executive Protections, as that term is defined in Paragraph 5(d) of the Separation Agreement). Without limiting the generality of the foregoing, this waiver, release, and discharge includes, but is not limited to, any claim or right based upon or arising out of or relating in any way to the EXECUTI COMPANY Entities for wrongful discharge, harassment, race discrimination, gender discrimination, national original discrimination, hostile and/or toxic work environment, retaliation, or any claim or right arising under any federal, state, or local fair employment practices or equal opportunity laws, including, but not limited to the following federal laws and, as applicable, the laws of the state and/or city in which the EXECUTIVE is or has been employed the Worker Adjustment and Retraining Notification Act, 42 U.S.C. Section 1981, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Employee Retirement Income Security Act (including, but not limited to, claims for breach of fiduciary duty), the FLSA, as amended, the OSHA, claims for individual relief under the Xxxxxxxx-Xxxxx Act of 2002 or the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, the New York State Human Rights Law, New York State Constitution, New York Labor Law, New York Civil Rights Law, New York City Human Rights Law, New York Executive
Second Release. In exchange for signing the Release a second time, Employee will be eligible to receive the severance payments and benefits set forth in Sections 6.1(b), (d), (e), and (f) of the Employment Agreement (the “Severance Benefits”). Following the Termination Date, and provided Employee fully cooperates and timely provides the requested services through February 24, 2022 and otherwise complies with the restricted covenants in the Employment Agreement, including, but not limited to, the non-disparagement provisions, then Employee’s 2020 back half bonus units will fully vest on February 24, 2022 pursuant to his 2020 Back-Half Incentive Unit Award under the 2016 Omnibus Incentive Plan (the “2020 Back-Half Units”) as if he were employed on February 24, 2022. Following the Termination Date, Employee will be eligible for outplacement services available to all senior executives of the Company.
Second Release. In addition, Executive will need to sign another release of claims in the same form as set forth in this Section 13 sometime after the end of the Term, as it may be extended, and Executive’s last day of employment under this Agreement and, like the first release, you must not revoke the second release.
Second Release. Within five (5) business days after the Termination Date (the “Second Release Date” ), the Escrow Agent (i) shall release to Sellers the remaining Escrow Shares held in the Escrow Fund, less the amount equal to Sellers’ liability subject to delivery to one or more Buyer Indemnified Parties in accordance with Section 7 hereof with respect to any pending but unresolved Claims of the Buyer Indemnified Parties (the “Second Release”), and (ii) shall on the Second Release Date provide Buyer with written notice setting forth the amount of such release. Any portion of the Escrow Shares held in the Escrow Fund as a result of the foregoing sentence shall be released to Sellers or released to Buyer (as appropriate) promptly upon resolution of each specific Claim involved in accordance with Section 7 hereof.
Second Release. Executive and the Company agree to enter into a second release in the form attached as Exhibit A (the “Second Release”) within twenty-one (21) days after the Separation Date.
