Supplemental Release. I, Xxxxxxx X. X’Xxxxxxxx, on behalf of myself, my heirs, representatives, estates, successors and assigns, do hereby irrevocably and unconditionally release and forever discharge Equitable Resources, Inc., its predecessors, subsidiaries, affiliates, and benefits plans, and their past, present and future officers, directors, trustees, administrators, agents and employees, as well as the heirs, successors and assigns of any of such persons or such entities (hereinafter severally and collectively called “Releasees”) from any and all claims, known and unknown, that I have or may have against any of the Releasees for any acts, practices or events occurring during the period from the date I signed the 2008 Employment Agreement (copy attached) up to and including the date I sign this Supplemental Release. This Supplemental Release includes any and all claims under any possible legal, equitable, contract, tort, or statutory theory, including but not limited to any claims under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Civil Rights Act of 1991, the Americans With Disabilities Act, the Pennsylvania Human Relations Act, the City of Pittsburgh Human Relations Ordinance, and other federal, state and local statutes, ordinances, executive orders, regulations and other laws prohibiting discrimination in employment, the federal Employee Retirement Income Security Act of 1974, and state, federal or local law claims of any other kind whatsoever, including claims for the fees, costs and expenses of any and all attorneys who have at any time or are now representing me in connection with this Supplemental Release or in connection with any matter released in this Supplemental Release. It is understood, however, that this release does not include claims regarding performance of the aforementioned Employment Agreement. /s/ Xxxxxxx X. X’Xxxxxxxx Xxxxxxx X. X’Xxxxxxxx March 14, 2008 Date EXHIBIT C
Appears in 2 contracts
Samples: Employment Agreement (Equitable Resources Inc /Pa/), Employment Agreement (EQT Corp)
Supplemental Release. IIn exchange for receiving the monies and benefits described in Section 4 of the Separation Agreement and my continued employment through December 31, Xxxxxxx X. X’Xxxxxxxx2013, on behalf of myself, I do for myself and my heirs, representativesexecutors, estatesadministrators, successors successors, and assigns, do hereby irrevocably and unconditionally release release, acquit, and forever discharge Equitable Resources, Inc., its predecessorsand hold harmless the Companies and each of their divisions, subsidiaries, affiliates, and benefits plansaffiliated companies, and their pastrespective successors, present and future assigns, officers, directors, trusteesshareholders, administrators, agents and employees, benefit and retirement plans (as well as trustees and administrators thereof) and agents, past and present (the heirs“Released Parties”), successors of and assigns of any of such persons or such entities (hereinafter severally and collectively called “Releasees”) from any and all actions, causes of action, claims, demands, attorneys’ fees, compensation, expenses, promises, covenants, and damages of whatever kind or nature, in law or in equity, which I have, had or could have asserted, known and or unknown, that I have at common law or may have against under any of the Releasees for statute, rule, regulation, order or law, whether federal, state or local, or on any actsgrounds whatsoever, practices or events occurring during the period from the date I signed the 2008 Employment Agreement (copy attached) up to and including the date I sign this Supplemental Release. This Supplemental Release includes without limitation, any and all claims under for any possible legaladditional severance pay, equitablevacation pay, contract, tort, bonus or statutory theoryother compensation, including but not limited to under the Hertz Global Holdings, Inc. Severance Plan for Senior Executives and my Change in Control Severance Agreement; any and all claims of discrimination or harassment based on race, color, national origin, ancestry, religion, marital status, sex, sexual orientation, disability, handicap, age or other unlawful discrimination; any and all claims arising under Title VII of the Federal Civil Rights Act; the Federal Civil Rights Act of 1964, as amended, 1991; the Americans with Disabilities Act; the Age Discrimination in Employment Act; the New Jersey Law Against Discrimination; or under any other state, federal, local or common law, with respect to any event, matter, claim, damage or injury arising out of my employment relationship with the Companies, and/or the separation of such employment relationship, and/or with respect to any other claim, matter, or event, from the beginning of the world to the date of my execution of this Supplemental Release. In the event any claim or suit is filed on my behalf against any of the Released Parties by any person or entity, including but not limited to by the Equal Employment Opportunity Commission (“EEOC”) or any other government agency, I hereby waive any and all rights to recover monetary damages or injunctive relief in my favor. I do not waive or release (i) any claims under applicable workers’ compensation or unemployment laws; (ii) any rights which cannot be waived as a matter of law; (iii) the right to enforce the terms of the Separation Agreement or this Supplemental Release; (iv) the right to any vested retirement plan benefits (including but not limited to vested benefits under the Hertz Retirement Plan, the BEP, the SERP II and the 401(k) Plan) or the right to any vested benefits under the Stock Incentive Plan or the Omnibus Plan; and (v) benefit continuation rights under COBRA. Nothing in this Supplemental Release shall be construed to prohibit me from filing a charge with the EEOC or participating in any investigation or proceeding conducted by the EEOC, nor shall any provision of this Supplemental Release adversely affect my rights to engage in such conduct. Further, nothing in this Supplemental Release shall be construed to prohibit me from filing suit under the Older Workers Benefit Protection Act to challenge the enforceability of the release herein as to claims under the Age Discrimination in Employment Act. I declare and represent that I have not filed or otherwise pursued any charges, complaints, lawsuits or claims of any nature against the Civil Rights Act Companies or any of 1991its subsidiaries, affiliates or divisions, arising out of or relating to events occurring prior to the Americans With Disabilities Actdate of this Supplemental Release, the Pennsylvania Human Relations Act, the City of Pittsburgh Human Relations Ordinance, and other with any federal, state and local statutes, ordinances, executive orders, regulations and other laws prohibiting discrimination in employment, the federal Employee Retirement Income Security Act of 1974, and state, federal or local law claims of any other kind whatsoever, including claims for the fees, costs and expenses of any and all attorneys who have at any time governmental agency or are now representing me in connection court with this Supplemental Release or in connection with respect to any matter released in covered by this Supplemental Release. It is understoodExcept as provided in the preceding paragraphs and subject to the provisions thereof, howeverI agree herein not to bring suit against the Companies for events occurring prior to the date of this Supplemental Release and not to seek damages from the Companies by filing a claim or charge with any state or governmental agency. I further acknowledge that I have been provided at least twenty-one (21) days to consider and accept this Supplemental Release from the date it was first given to me, but I may not sign the Supplement Release until after the Separation Date. I further acknowledge that I understand that I have seven (7) days after signing this release does Supplemental Release to revoke it by delivering to XxxxxXxxx Xxxxx, Senior Vice President, Chief Human Resources Officer, The Hertz Corporation, 000 Xxxx Xxxxxxxxx, Xxxx Xxxxx, Xxx Xxxxxx 00000, written notification of such revocation within the seven (7) day period. If I do not include claims regarding performance revoke this Supplemental Release, this Supplemental Release will become effective and irrevocable by me on the eighth day after I sign it. I acknowledge that I understand that I have the right to consult with an attorney of my choice at my expense to review this Supplemental Release and have been encouraged by the aforementioned Employment AgreementCompanies to do so. /s/ Xxxxxxx X. X’Xxxxxxxx Xxxxxxx X. X’Xxxxxxxx March 14, 2008 Date EXHIBIT CXXXXX XXXXXXX Date:
Appears in 1 contract
Samples: Separation Agreement (Hertz Corp)
Supplemental Release. IIn exchange for the payments and benefits described in the Agreement dated December 15, Xxxxxxx X. X’Xxxxxxxx2004 (“Agreement”), on behalf of myselfI RELEASE AGC, my heirsAssured Guaranty Re International Ltd., representativesAssured Guaranty Ltd., estatesACE Limited, successors and assigns, do hereby irrevocably and unconditionally release and forever discharge Equitable Resources, Inc., its predecessorsand/or their past and/or present parents, subsidiaries, affiliates, and benefits planspredecessors, and their pastsuccessors, present and future assigns, officers, directors, trustees, administrators, employees and agents and employees, as well as the heirs, successors and assigns of any of such persons or such entities (hereinafter severally and collectively called referred to as “Releasees”) ). By signing below, I SPECIFICALLY RELEASE Releasees from any and all claimsANY AND ALL CLAIMS I may have, known and or unknown, that I have or may have against any of the Releasees for any acts, practices or events occurring during the period from the date I signed the 2008 Employment Agreement (copy attached) up to and including the date I sign this Supplemental Release. This Supplemental Release includes any and all claims under any possible legal, equitable, contract, tort, or statutory theory, including but not limited to those related to my employment, my separation from employment or otherwise, from the beginning of time through the date that the Agreement becomes effective, which is eight (8) days after I sign both the Agreement and this Supplemental Release. I also understand and agree that I am RELEASING Releasees from any and all claims for breach of contract, personal injury, wages, benefits, defamation, slander, wrongful discharge, and any and all claims based on any oral or written agreements or promises, including, but not limited to, claims arising under the Family and Medical Leave Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, the New York State Labor Law and the New York Whistleblower Statute, from the beginning of time through the date that the Agreement becomes effective, which is eight (8) days after I sign both the Agreement and this Supplemental Release. Further, I understand and agree that I am also RELEASING Releasees from any and all claims for discrimination or harassment in employment, or retaliation, on the basis of race, color, creed, religion, age, national origin, alienage or citizenship, gender, sexual orientation, disability, marital status, veteran’s status and any other protected grounds, including, but not limited to, any and all rights and claims I may have arising under Title VII of the Civil Rights Act of 1964, as amendedthe Americans with Disabilities Act, the Age Discrimination in Employment ActAct of 1967, the Older Workers Benefit Protection ActNew York State Human Rights Law, the Civil New York City Human Rights Act of 1991, the Americans With Disabilities Act, the Pennsylvania Human Relations Act, the City of Pittsburgh Human Relations OrdinanceLaw, and any other federal, state and local statutes, ordinances, executive orders, regulations and other laws prohibiting discrimination in employment, the federal Employee Retirement Income Security Act of 1974, and state, federal or local law claims laws or regulations, from the beginning of any other kind whatsoevertime through the date that the Agreement becomes effective, including claims for which is eight (8) days after I sign both the fees, costs Agreement and expenses of any and all attorneys who have at any time or are now representing me in connection with this Supplemental Release or in connection with any matter released in this Supplemental Release. It is understoodI understand that I have seven (7) days from the date I sign both the Agreement and this Supplemental Release to change my mind. If I change my mind, howeverI must send written notice of my decision to Xxxxx Xxxxxx so that she RECEIVES my revocation no later than the eighth day after I originally signed both the Agreement and this Supplemental Release. I understand that AGC will not be required to make payments or provide the benefits set forth in the Agreement unless the Agreement becomes effective. Xxxxxx Xxxxxx Dated: , 200 STATE OF ) : ss.: COUNTY OF ) On the day of , 200 before me personally came Xxxxxx Xxxxxx, to me known and known to me to be the individual described in, and who executed, the Supplemental Release, and duly acknowledged to me that this release does not include claims regarding performance of he executed the aforementioned Employment Agreementsame. /s/ Xxxxxxx X. X’Xxxxxxxx Xxxxxxx X. X’Xxxxxxxx March 14, 2008 Date EXHIBIT CNotary Public
Appears in 1 contract
Samples: Assured Guaranty LTD
Supplemental Release. I, Xxxxxxx Xxxxxx X. X’XxxxxxxxX’Xxxxx, on behalf of myself, my heirs, representatives, estates, successors and assigns, do hereby irrevocably and unconditionally release and forever discharge Equitable Resources, Inc., its predecessors, subsidiaries, affiliates, and benefits plans, and their past, present and future officers, directors, trustees, administrators, agents and employees, as well as the heirs, successors and assigns of any of such persons or such entities (hereinafter severally and collectively called “Releasees”) from any and all claims, known and unknown, that I have or may have against any of the Releasees for any acts, practices or events occurring during the period from the date I signed the 2008 Employment Agreement (copy attached) up to and including the date I sign this Supplemental Release. This Supplemental Release includes any and all claims under any possible legal, equitable, contract, tort, or statutory theory, including but not limited to any claims under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Civil Rights Act of 1991, the Americans With Disabilities Act, the Pennsylvania Human Relations Act, the City of Pittsburgh Human Relations Ordinance, the Massachusetts Law Against Discrimination, and other federal, state and local statutes, ordinances, executive orders, regulations and other laws prohibiting discrimination in employment, the federal Employee Retirement Income Security Act of 1974, and state, federal or local law claims of any other kind whatsoever, including claims for the fees, costs and expenses of any and all attorneys who have at any time or are now representing me in connection with this Supplemental Release or in connection with any matter released in this Supplemental Release. It is understood, however, that this release does not include claims regarding performance of the aforementioned Employment Agreement. /s/ Xxxxxxx Xxxxxx X. X’Xxxxxxxx Xxxxxxx X. X’Xxxxxxxx March 14, 2008 Date EXHIBIT CX’Xxxxx Date
Appears in 1 contract
Samples: Employment Agreement (Equitable Resources Inc /Pa/)