Common use of The Executive’s Release of Claims Clause in Contracts

The Executive’s Release of Claims. The Executive voluntarily releases and forever discharges the Company and its affiliated and related entities, its and their respective predecessors, successors and assigns, their respective employee benefit plans and fiduciaries of such plans, and the current and former members, partners, directors, officers, shareholders, employees, attorneys, accountants and agents of each of the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from all claims, demands, debts, damages and liabilities of every name and nature, known or unknown (collectively, “Claims”) that, as of the date when the Executive signs this Release, he has, ever had, now claims to have or ever claimed to have had against any or all of the Releasees. This general release of Claims includes, without implication of limitation, the release of all Claims: · relating to the Executive’s employment by and the ending of the Executive’s employment relationship with the Company; · of wrongful discharge; · of breach of contract; · of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of discrimination or retaliation, Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act); · under any other federal or state statute (including without limitation Claims under the Worker Adjustment and Retraining Notification Act or the Fair Labor Standards Act); · of defamation or other torts; · of violation of public policy; · for wages, bonuses, incentive compensation, commissions, stock, stock options, vacation pay or any other compensation or benefits, either under the Massachusetts Wage Act, M.G.L. c. 149, §§148-150C, or otherwise; and · for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees. The Executive agrees not to accept damages of any nature, other equitable or legal remedies for the Executive’s own benefit or attorney’s fees or costs from any of the Releasees with respect to any Claim released by this Agreement. As a material inducement to the Company to enter into this Agreement, the Executive represents that he has not assigned any Claim to any third party.

The Executive’s Release of Claims. The In consideration for, among other terms, the opportunity presented by Section 7 of this Transition Agreement to be employed as a Consultant and, with respect to the ADEA Release Agreement, the Gramercy Parties’ release pursuant to Section 13(C) (the “Gramercy Release”) and the opportunity to receive the Transition Severance, to which the Executive acknowledges he would otherwise not be entitled, the Executive voluntarily releases and forever discharges the Company and its Gramercy Parties (which for purposes of this Section shall include their affiliated and related entities), its and their respective predecessors, successors and assigns, their respective employee benefit plans and fiduciaries of such plans, and the current and former members, partnersofficers, directors, officers, shareholders, employees, attorneys, accountants and agents of each of the foregoing in their official and personal capacities (collectively referred to as the “Gramercy Releasees”) generally from all claims, demands, debts, damages and liabilities of every name and nature, known or unknown (collectively, “Claims”) that, as of the date when the Executive signs this ReleaseTransition Agreement, he has, ever had, now claims to have or ever claimed to have had against any or all of the Gramercy Releasees. This general release of Claims includes, without implication of limitation, the release of all Claims: · relating to the Executive’s employment by and the ending termination of the Executive’s employment relationship with the CompanyGramercy Parties; · of wrongful dischargedischarge or violation of public policy; · of breach of contract; · of defamation or other torts; · of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of discrimination or retaliationretaliation under the Age Discrimination in Employment Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act); · under any other federal or state statute (including without limitation Claims under the Worker Adjustment and Retraining Notification Act or the Fair Labor Standards Act); · of defamation or other torts; · of violation of public policystatute; · for wages, bonuses, incentive compensation, commissions, stock, stock options, vacation pay or any other compensation or benefits, either under the Massachusetts Wage Act, M.G.L. c. 149, §§148-150C, or otherwise; and · for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect the Equity Rights, the Executive’s rights to the Continuing Indemnification, the Executive’s rights under this Transition Agreement or any claims that accrue subsequent to the effective date of this Transition Agreement. The Executive acknowledges that a termination of his employment in accordance with this Transition Agreement and pursuant to the expiration of the term of each of the Agreements, as amended, shall not give rise to any Claims. The Executive agrees not to accept damages of any nature, other equitable or legal remedies for the Executive’s his own benefit or attorney’s fees or costs from any of the Gramercy Releasees with respect to any Claim released by this Transition Agreement. As a material inducement to the Company Gramercy Parties to enter into this Transition Agreement, the Executive represents that he has not assigned any Claim to any third party. For avoidance of doubt, in the event that an action is brought against the Executive, nothing in this Section 13(A) shall be deemed to limit the affirmative defenses that the Executive may assert in such action, except to the extent such affirmative defense is premised on the existence of a Claim that has been released hereunder.

The Executive’s Release of Claims. The In consideration for, among other terms, the early release from the Continuing Obligation set forth in Section 8(b)(i) of the Employment Agreement and, with respect to the ADEA Release Agreement, the Separation Benefits and the Gramercy Parties’ release pursuant to Section 10(c) (the “Gramercy Release”), to which the Executive acknowledges he would otherwise not be entitled, the Executive voluntarily releases and forever discharges the Company and its Gramercy Parties (which for purposes of this section shall include their affiliated and related entities), its and their respective predecessors, successors and assigns, their respective employee benefit plans and fiduciaries of such plans, and the current and former members, partnersofficers, directors, officers, shareholders, employees, attorneys, accountants and agents of each of the foregoing in their official and personal capacities (collectively referred to as the “Gramercy Releasees”) generally from all claims, demands, debts, damages and liabilities of every name and nature, known or unknown (collectively, “Claims”) that, as of the date when the Executive signs this ReleaseSeparation Agreement, he has, ever had, now claims to have or ever claimed to have had against any or all of the Gramercy Releasees. This general release of Claims includes, without implication of limitation, the release of all Claims: · relating to the Executive’s employment by and the ending termination of the Executive’s employment relationship with the CompanyGramercy Parties; · of wrongful dischargedischarge or violation of public policy; · of breach of contract; · of defamation or other torts; · of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of discrimination or retaliationretaliation under the Age Discrimination in Employment Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act); · under any other federal or state statute (including without limitation Claims under the Worker Adjustment and Retraining Notification Act or the Fair Labor Standards Act); · of defamation or other torts; · of violation of public policystatute; · for wages, bonuses, incentive compensation, commissions, stock, stock options, vacation pay or any other compensation or benefits, either under the Massachusetts Wage Act, M.G.L. c. 149, §§148-150C, or otherwise; and · for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect the Equity Rights, the Executive’s rights to the Continuing Indemnification, the Executive’s rights under this Separation Agreement or any claims that accrue subsequent to the effective date of this Separation Agreement. The Executive acknowledges that a termination of his employment in accordance with this Separation Agreement and pursuant to the expiration of the term of each of the Agreements, as amended, shall not give rise to any Claims. The Executive agrees not to accept damages of any nature, other equitable or legal remedies for the Executive’s his own benefit or attorney’s fees or costs from any of the Gramercy Releasees with respect to any Claim released by this Separation Agreement. As a material inducement to the Company Gramercy Parties to enter into this Separation Agreement, the Executive represents that he has not assigned any Claim to any third party. For avoidance of doubt, in the event that an action is brought against the Executive, nothing in this Section 10.A shall be deemed to limit the affirmative defenses that the Executive may assert in such action, except to the extent such affirmative defense is premised on the existence of a Claim that has been released hereunder.