Common use of Supplemental Release Clause in Contracts

Supplemental Release. The undersigned Parties expressly acknowledge and agree that the terms of the Separation Agreement shall apply equally to this Supplemental Release and are incorporated herein. Advisor agrees that the foregoing consideration represents settlement in full of all outstanding obligations owed to Advisor by the Company and its current and former officers, directors, employees, agents, investors, attorneys, stockholders, administrators, affiliates, benefit plans, plan administrators, insurers, divisions, and subsidiaries, and predecessor and successor corporations and assigns (collectively, the “Releasees”) Advisor, on his own behalf and on behalf of his respective heirs, family members, executors, agents, and assigns, hereby and forever releases the Releasees from, and agrees not to xxx concerning, or in any manner to institute, prosecute, or pursue, any claim, complaint, charge, duty, obligation, or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that Advisor may possess against any of the Releasees arising from any omissions, acts, facts, or damages that have occurred up until and including the date Advisor signs this Supplemental Release, including but not limited to any and all claims relating to or arising from the Services (as defined in the Advisory Agreement) and the termination of Advisor’s role as Advisor. Nothing in this Supplemental Release waives Advisor’s (i) rights under the Indemnification Agreement (as defined in the Separation Agreement) or (ii) rights to indemnification or any payments under any fiduciary insurance policy, if any, provided by any act, agreement, Certificate of Incorporation or Bylaws of the Company, state or federal law or policy of insurance.

Appears in 2 contracts

Samples: Separation Agreement (Fusion-Io, Inc.), Separation Agreement (Fusion-Io, Inc.)

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Supplemental Release. The undersigned Parties expressly acknowledge and agree that the terms of Sections 7-27, 29, and 30 of the Separation Agreement shall apply equally to this Supplemental Release and are incorporated herein. Advisor Executive agrees that the foregoing consideration represents settlement in full of all outstanding obligations owed to Advisor Executive by the Company and its current and former officers, directors, employees, agents, investors, attorneys, stockholdersshareholders, administrators, affiliates, benefit plans, plan administrators, insurers, divisions, and subsidiaries, and predecessor and successor corporations and assigns (collectively, the “Releasees”) Advisor). Executive, on his own behalf and on behalf of his respective heirs, family members, executors, agents, and assigns, hereby and forever releases the Releasees from, and agrees not to xxx concerning, or in any manner to institute, prosecute, or pursue, any claim, complaint, charge, duty, obligation, or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that Advisor Executive may possess against any of the Releasees arising from any omissions, acts, facts, or damages that have occurred up until and including the date Advisor Executive signs this Supplemental Release, including but not limited . Executive acknowledges and agrees that the consideration provided to any and all claims relating to or arising from the Services (as defined in the Advisory Agreement) and the termination of Advisor’s role as Advisor. Nothing in this Supplemental Release waives Advisor’s (i) rights him under the Indemnification Agreement (as defined in fully satisfies any obligation that the Separation Agreement) or (ii) rights Company had to indemnification pay Executive wages or any payments under other compensation for any fiduciary insurance policyof the services that Executive rendered to the Company, that the amount paid is in excess of any disputed wage claim, if any, provided by that Executive may have. To the extent any actwage dispute exists, agreementExecutive specifically acknowledges that the consideration paid shall be deemed to be paid first in satisfaction of any disputed wage claim with the remainder sufficient to act as consideration for the release of claims set forth herein, Certificate and that Executive has not earned and is not entitled to receive any additional wages or other form of Incorporation or Bylaws of compensation from the Company, state or federal law or policy of insurance.

Appears in 1 contract

Samples: Separation Agreement (Dolby Laboratories, Inc.)

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