The Company’s Release of Claims. The Company voluntarily releases and forever discharges the Executive generally from all Claims that, as of the date when it signed this Agreement, ever had, claims to have or ever claimed to have had against the Executive, including, without limitation, all Claims relating to the Executive’s employment by and termination of employment with the Company; provided that (i) the Company does not waive any of its rights under the Employment Agreement or the Employee Proprietary Information, Inventions, Non-Competition and Non-Solicitation Agreement between the Company and the Executive (the “Restrictive Covenants Agreement”); and (ii) the Company does not release the Executive from any civil Claim that is based on conduct that also satisfies the elements of a criminal offense.
The Company’s Release of Claims. Nothing herein shall release or discharge any Claim by the Company against the Executive, or the right of the Company to bring any action, legal or otherwise, against the Executive as a result of any failure by him to perform his/her obligations under this Agreement, or as a result of any acts of intentional misconduct or recklessness (including, but not limited to, fraud, embezzlement, misappropriation, or other malfeasance).
The Company’s Release of Claims. In exchange for your execution of this Agreement, including the release you are granting pursuant to Section 13 above, the Company generally and completely releases you, your heirs, agents, and attorneys from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to or on the date you sign this Agreement; provided, however, that this release shall not extend to claims arising at any time from your contractual and statutory obligations to refrain from the unauthorized use or disclosure of proprietary or trade secret information belonging to the Company, nor to any claims arising at any time from your willful misconduct that causes material injury to the Company or its shareholders. (These two exceptions shall, collectively, be deemed “the Exceptions.”) The Company represents that it has no present intention to bring claims against you that fall within the Exceptions. The Company understands that its release extends to all known and unknown claims, and the Company acknowledges that it has read and understands Section 1542 of the California Civil Code, which reads as noted in Section 13(d) above. The Company expressly waives and relinquishes all rights and benefits under that section and any law of any other jurisdiction or similar effect with respect to its release of any unknown or unsuspected claims herein.
The Company’s Release of Claims. The Company, BPFH and the Bank, on behalf of themselves, and their affiliates, voluntarily release and forever discharge the Executive generally from all Claims that, as of the date when they sign this Agreement, they (all and singularly) have, ever had, claim to have or ever claimed to have had against the Executive, including, without limitation, all Claims relating to the Executive’s employment by and termination of employment with the Company; provided that they do not release the Executive from any civil Claim that is based on conduct that also satisfies the elements of a criminal offense (“Excepted Claim”). If any Releasee hereafter initiates any form of litigation against the Executive based on any Claim (other than an Excepted Claim) that arose before the Company signed this Agreement, the Executive’s release of that Releasee pursuant to the preceding section shall be of no further force or effect; provided that this shall not affect the Executive’s release of other Releasees.
The Company’s Release of Claims. The Company, on behalf of all predecessors, successors, assignees, beneficiaries, subrogees, agents, representatives, employees, officers, directors, shareholders, partners, insurers, parents, subsidiaries, and affiliates, and all other persons, natural or otherwise, claiming by, under, or through the Company, releases and forever discharges Employee, his predecessors, successors, assignees, beneficiaries, executors, administrators, subrogees, agents, representatives, and all other persons, natural or otherwise, in privity with him of and from any and all claims whatsoever, at common law, statutory, or otherwise; in contract, in tort, or otherwise; for any act or omission whether negligent, reckless, intentional, or malicious; for damages or compensation of any type, including attorney fees, court costs, expenses, or other costs that the Company might have or might claim to have, whether currently known or unknown.
The Company’s Release of Claims. The Company voluntarily releases and discharges the Executive and his heirs, successors, administrators, representatives and assigns from all Claims which it may have against the Executive as the result of his employment or the discontinuance of his employment and that are based upon facts known, or which in the exercise of reasonable diligence should have been known, to the Company’s Board of Directors. Notwithstanding the foregoing, nothing herein shall release or discharge any Claim by the Company against the Executive, or the right of the Company to bring any action, legal or otherwise, against the Executive as a result of any failure by him to perform his obligations under this Agreement, or as a result of any acts of intentional misconduct or recklessness (including, but not limited to, fraud, embezzlement, misappropriation, or other malfeasance).
The Company’s Release of Claims. In consideration of Executive’s release of claims and the commitments and representations made by Executive through this Agreement, the Company, on behalf of itself and any person or entity that could bring a claim on the Company’s behalf, hereby releases Executive and Executive’s spouse, heirs, family members, representatives, attorneys and agents (collectively, the “Parties Released by the Company”) from all claims or demands, whether known or unknown, existing at any time up to and including the Effective Date, including without limitation any claim or demand: (a) in any way arising out of or related to any action, conduct, decision or omission by Executive related to the Company or Executive’s management of the Company; or (b) in any way arising out of or related to Executive’s employment with and/or separation from employment with the Company. The Company understands that this Agreement is a full, final and complete settlement and release of all of its claims against Executive for payment of any kind, fraud or misrepresentation, negligence, breach of contract, promissory estoppel, defamation, invasion of privacy, breach of covenant of good faith and fair dealing, breach of any fiduciary duty, intentional or negligent infliction of emotional distress, and any other claims arising under common law, and any rights and claims under any foreign, federal, states’ (including Iowa’s) or local governments’ laws, regulations, or executive orders. Notwithstanding the foregoing, neither this Section 6 nor any other provision of this Agreement releases the Company’s rights under or pursuant to this Agreement.
The Company’s Release of Claims. The Company voluntarily releases and discharges the Executive and his heirs, successors, administrators, representatives and assigns from all Claims which it has or may have against the Executive arising from or related in any way to his employment with the Company or service as a director or officer of the Company or any of its subsidiaries or affiliates or the discontinuance of his employment with the Company or services as a director or officer of the Company or any of its subsidiaries or affiliates and that are based upon facts known, or which in the exercise of reasonable diligence could or should have been known, to the Company’s Board of Directors. Notwithstanding the foregoing, nothing herein shall release or discharge any Claim by the Company against the Executive, or the right of the Company to bring any action, legal or otherwise, against the Executive as a result of any failure by him to perform his obligations under this Agreement, or as a result of any acts of intentional misconduct or gross recklessness (including, but not limited to, fraud, embezzlement, misappropriation, or other malfeasance).
The Company’s Release of Claims. The Company hereby unconditionally releases and discharges the Employee, Employee’s heirs, executors, administrators, successors and assigns (“Employee Releasees”) from all claims (including claims for attorneys’ fees and costs), charges, actions and causes of action, demands, damages and liabilities of any kind or character, in law or equity, suspected or unsuspected, past or present, that the Company ever had, may now have, or may later assert against any of the Employee Releasees, arising out of or related to Employee’s prior employment or termination of such employment with the Company for any reason. To the fullest extent permitted by law, this release includes, but is not limited to: (a) claims (whether based on common law or otherwise) arising out of or related to any contract (whether express or implied); (b) claims under any federal, state or local constitutions, statutes, rules or regulations; (c) claims (whether based in common law or otherwise) arising out of any kind of tortious conduct (whether intentional or otherwise) including but not limited to, wrongful termination, defamation, violation of public policy; and (d) claims included in, related to, or which could have been included in any presently pending federal, state or local lawsuit filed by the Company or on the Company’s behalf against any of the Employee Releasees, which the Company agrees to immediately dismiss with prejudice. This Agreement covers both claims that the Company knows about and those that the Company may not know about. The Company expressly waives all rights afforded by any statute which limits the effect of a release with respect to unknown claims. The Company understands the significance of the Company’s release of unknown claims and the Company’s waiver of statutory protection against a release of unknown claims, including, without limitation, claims otherwise protected under California Civil Code Section 1542 (“Section 1542”) or any other applicable similar state or federal law. Section 1542 provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This Agreement does not release: (1) any rights which as a matter of law cannot be waived; or (2) any claims by the Company against any of the Employee Releasees as to which such Employee Releasees are not entitled ...
The Company’s Release of Claims. The Company on behalf of itself and all predecessors, successors and their respective parent corporations, affiliates, related, and/or subsidiary entities, and all of their past and present directors, officers, executives, attorneys, agents and representatives, and executive benefit plans in which the Executive is or has been a participant by virtue of his employment with the Company (collectively, the “Company Releasors”), hereby agrees to release and forever discharge the Executive and his executors, heirs, administrators, representatives and assigns, from any and all Claims which the Company Releasors have or may have had against the Executive based on any events or circumstances arising or occurring on or prior to the date hereof or on or prior to the Resignation Date, arising directly or indirectly out of, relating to, or in any other way involving in any manner whatsoever the Executive’s employment by the Company or the separation thereof. Notwithstanding the generality of the foregoing, nothing herein shall release or discharge any Claim by the Company against the Executive, or the right of the Company to bring any action, legal or otherwise, against the Executive for:
