Waiver and General Release of Claims. By this Release, ADC and Employee also intend to settle any and all claims Employee has or may have against ADC as the result of Employee’s employment and or termination of employment with ADC prior to the date Employee executes this Release. In exchange for the consideration expressed in this Release, Employee hereby completely releases and waives any and all claims, complaints, causes of action, demands, suits, and damages of any kind or character, which Employee has or may have against ADC and/or its employees, agents, consultants, officers, directors, counsel, predecessors, successors, subsidiaries, affiliates, assigns, and insurers and each and all thereof (collectively, the “Released Parties”), arising out of any acts, omissions, statements, conduct, decisions, behavior or events occurring up through the date of Employee’s signature on this Release. Employee understands and accepts that Employee’s release of claims includes but is not limited to claims based upon: Title VII of the Federal Civil Rights Act of 1964, as amended; the Americans with Disabilities Act; the Age Discrimination in Employment Act of 1967, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Family and Medical Leave Act; the Equal Pay Act; the Fair Labor Standards Act; the Employee Retirement Income Security Act; the Worker Adjustment Retraining Notification Act; the Minnesota Human Rights Act; any and all federal, state, or local employment laws, rules, regulations or public policies which apply to Employee in the state of Employee’s legal residence and in any state where Employee has been employed by ADC; and any other federal state or local statute, ordinance or law. Employee also understands that Employee is giving up all other claims, including those grounded in contract or tort theories or other common law, including but not limited to: wrongful discharge, violation of Minn. Stat. Section 176.82; breach of contract; tortious interference with contractual relations; promissory estoppel; breach of the implied covenant of good faith and fair dealing; breach of express or implied promise; breach of manuals or other policies; breach of fiduciary duty; assault; battery; fraud; false imprisonment; invasion of privacy; intentional or negligent misrepresentation; defamation, including libel, slander, discharge defamation and self publication defamation; discharge in violation of public policy; intentional or negligent infliction of emotional distress; or any other theory, whether legal or equitable. This release of claims further includes all claims relating to or arising from, Employee’s right to purchase or the actual purchase of shares of ADC stock, including without limitation, to any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. Employee further understands that Employee is releasing, and does hereby release, any claims for damages, by charge or otherwise, whether brought by Employee or on Employee’s behalf by any other party, governmental or otherwise, and agrees not to institute any claims for damages via administrative or legal proceedings against any of the Released Parties. Employee also waives and releases any and all rights to money damages or other legal relief awarded by any governmental agency related to any charge or other claim. This Release is not intended to modify or waive any existing employee benefit plan or insurance coverage for which Employee may have been eligible under the terms and conditions of such plans or policies, nor to affect any applicable indemnification provisions for which Employee may have been eligible.
Appears in 1 contract
Waiver and General Release of Claims. By (a) In exchange for the promises made by the Company in this ReleaseAgreement, ADC Xx. Xxxxxx unconditionally waives and Employee also intend to settle releases all known and unknown, suspected and unsuspected, accrued and unaccrued, fixed and contingent claims and causes of action of any and all claims Employee kind that he has or may have against ADC as the result Company, from the beginning of Employee’s employment time through and or termination of employment with ADC prior to including the date Employee executes he signs this Release. In exchange for the consideration expressed in this Release, Employee hereby completely releases and waives any and all claims, complaints, causes of action, demands, suits, and damages of any kind or character, which Employee has or may have against ADC and/or its employees, agents, consultants, officers, directors, counsel, predecessors, successors, subsidiaries, affiliates, assigns, and insurers and each and all thereof (collectively, the “Released Parties”), arising out of any acts, omissions, statements, conduct, decisions, behavior or events occurring up through the date of Employee’s signature on this Release. Employee understands and accepts that Employee’s release of claims includes but is not limited to claims based upon: Title VII of the Federal Civil Rights Act of 1964, as amended; the Americans with Disabilities Act; the Age Discrimination in Employment Act of 1967, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Family and Medical Leave Act; the Equal Pay Act; the Fair Labor Standards Act; the Employee Retirement Income Security Act; the Worker Adjustment Retraining Notification Act; the Minnesota Human Rights Act; any and all federal, state, or local employment laws, rules, regulations or public policies which apply to Employee in the state of Employee’s legal residence and in any state where Employee has been employed by ADC; and any other federal state or local statute, ordinance or law. Employee also understands that Employee is giving up all other claims, including those grounded in contract or tort theories or other common lawAgreement, including but not limited to all claims and causes of action related to or in any way or growing out of Xx. Xxxxxx'x dealings with the Company, his employment with the Company and/or the termination of his employment with the Company. The claims and causes of action Xx. Xxxxxx is releasing and waiving include, but are not limited to, any and all claims and causes of action that the Company: wrongful discharge• has violated any type of written or unwritten contract, violation agreement, understanding, policy, benefit, retirement and/or pension plan, promise and/or covenant of Minn. Stat. Section 176.82; breach of contract; tortious interference with contractual relations; promissory estoppel; breach of the implied any kind, including any covenant of good faith and fair dealing; breach • has discriminated against Xx. Xxxxxx on the basis of express any characteristic or implied promisetrait protected under any law, including but not limited to race, color, sex, sexual orientation, national origin, ancestry, disability, religion, marital or parental status, citizenship, age, source of income, or entitlement to benefits, in violation of any of the following statutes, as amended, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act, the Employee Retirement Income Security Act, the Americans With Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Illinois Human Rights Act, the Xxxx County Human Rights Ordinance, the Chicago Human Rights Ordinance, and any other federal, state or local human rights, civil rights, wage and hour, pension or labor law, rule and/or regulation; breach of manuals • has violated public policy or other policies; breach of fiduciary duty; assault; battery; fraud; false imprisonmentcommon law, including but not limited to claims for: personal injury; invasion of privacy; intentional retaliatory discharge; negligent hiring, retention or negligent misrepresentationsupervision; defamation, including libel, slander, discharge defamation and self publication defamation; discharge in violation of public policy; intentional or negligent infliction of emotional distressdistress and/or mental anguish; intentional interference with contract; negligence; detrimental reliance; loss of consortium to Xx. Xxxxxx or any other theorymember of his family; and/or promissory estoppel; and/or • is in any way obligated for any reason to pay Xx. Xxxxxx damages, whether legal expenses, litigation costs (including attorneys' fees), wages, bonuses, severance pay, separation pay, termination pay, any type of payments or equitablebenefits based on Xx. This Xxxxxx'x separation from employment, incentive pay, commissions, disability benefits or sick pay, compensatory damages, punitive damages, and/or interest. Nothing in this Agreement shall preclude Xx. Xxxxxx from exercising his rights to receive (i) any sums or benefits to be paid or provided under this Agreement, or (ii) any vested, accrued benefits to which he is (or becomes) otherwise entitled.
(b) Xx. Xxxxxx further agrees that his waiver and release of claims further includes all claims relating rights under this Agreement is knowing and voluntary and in compliance with the Older Workers Benefit Protection Act of 1990, and he covenants and agrees that:
1. He has been given at least twenty one (21) days in which to or arising fromconsider, Employee’s right sign and return this Agreement to purchase or the actual purchase Company;
2. He has hereby been advised in writing to consult with an attorney concerning this Agreement; and
3. He will have seven (7) days from the date of shares of ADC stocksigning to revoke this Agreement if he so desires. Any revocation must be in writing, including without limitationsigned by Xx. Xxxxxx and must be received by Xxxx Xxxxx, Senior Vice President, Human Resources, Tribune Company, 000 X. Xxxxxxxx Xxxxxx, Xxxxxxx, XX 00000, fax 312. 222.4971, within the revocation period to be deemed effective.
(c) Xx. Xxxxxx represents and warrants to the Company that, to the date he signs this Agreement, he has not instituted any claims for fraudcomplaints, misrepresentationcharges, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under grievances or other proceedings against the Company with any state or federal law. Employee further understands that Employee is releasing, and does hereby releasegovernmental agency, any claims for damagescourt, by charge or otherwise, whether brought by Employee any arbitration agency or on Employee’s behalf by any other party, governmental or otherwise, and agrees not to institute any claims for damages via administrative or legal proceedings against any of the Released Parties. Employee also waives and releases any and all rights to money damages or other legal relief awarded by any governmental agency related to any charge or other claim. This Release is not intended to modify or waive any existing employee benefit plan or insurance coverage for which Employee may have been eligible under the terms and conditions of such plans or policies, nor to affect any applicable indemnification provisions for which Employee may have been eligibletribunal.
Appears in 1 contract
Waiver and General Release of Claims. By this Release, ADC and Employee also intend to settle any and all claims Employee has or may have against ADC as the result of Employee’s employment and or termination of employment with ADC prior to the date Employee executes this Release. In exchange consideration for the consideration expressed in this ReleaseCompany entering into the New Employment Agreement, Employee hereby Executive as well as each and every dependent, heir, executor, legal representative and assign of Executive (the “Executive Releasors”) completely releases release, relinquish, waive and waives any discharge the Company, the Parent, and each and every of either entity’s predecessors, successors (by merger or otherwise) and assigns, parents, joint venture partners, as well as subsidiaries, affiliates, divisions, directors, officers, insurers, employees and agents, whether present or former (collectively, “Company Releasees”) from all claims, complaintsliabilities, demands and causes of action, demandsknown or unknown, suits, and damages of any kind filed or charactercontingent, which Employee has or he may have or claim to have against ADC and/or its employees, agents, consultants, officers, directors, counsel, predecessors, successors, subsidiaries, affiliates, assigns, and insurers and each and all thereof (collectively, Company Releasees from the “Released Parties”), arising out beginning of any acts, omissions, statements, conduct, decisions, behavior or events occurring up through time until the date of Employee’s signature on the signing of this Release. Employee understands and accepts that Employee’s release of claims includes but is not limited to claims based upon: Title VII of the Federal Civil Rights Act of 1964, as amended; the Americans with Disabilities Act; the Age Discrimination in Employment Act of 1967, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Family and Medical Leave Act; the Equal Pay Act; the Fair Labor Standards Act; the Employee Retirement Income Security Act; the Worker Adjustment Retraining Notification Act; the Minnesota Human Rights Act; any and all federal, state, or local employment laws, rules, regulations or public policies which apply to Employee in the state of Employee’s legal residence and in any state where Employee has been employed by ADC; and any other federal state or local statute, ordinance or law. Employee also understands that Employee is giving up all other claims, including those grounded in contract or tort theories or other common law, including but not limited to: wrongful discharge, violation of Minn. Stat. Section 176.82; breach of contract; tortious interference with contractual relations; promissory estoppel; breach of the implied covenant of good faith and fair dealing; breach of express or implied promise; breach of manuals or other policies; breach of fiduciary duty; assault; battery; fraud; false imprisonment; invasion of privacy; intentional or negligent misrepresentation; defamation, including libel, slander, discharge defamation and self publication defamation; discharge in violation of public policy; intentional or negligent infliction of emotional distress; or any other theory, whether legal or equitable. This release of claims further includes all claims relating to or arising from, Employee’s right to purchase or the actual purchase of shares of ADC stockRelease Agreement, including without limitation, any claim related to Executive’s employment with the Company, the Parent and/or any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate lawthe other Company Releasees. Executive agrees that he has executed this release on his own behalf, and securities fraud also on behalf of his heirs, agents, representatives, successors and assigns. This release includes, but is not limited to, a release of any rights or claims Executive Releasors may have under any state or federal law. Employee further understands that Employee for: (a) damages for failure to provide reasonable notice of termination of employment, whether such termination is releasingexpress or constructive, and does hereby releasewhether arising at common law or out of any express or implied terms of any contract of employment, any claims for damages, by charge written or otherwise, whether brought by Employee or on Employee’s behalf by existing between the parties hereto prior to the New Employment Agreement; (b) any other party, governmental or otherwise, and agrees not to institute any claims claim for damages via administrative or legal proceedings against any of the Released Parties. Employee also waives and releases any and all rights to money damages or other relief under the British Columbia Human Rights Code, or any other applicable statute; (c) any claims arising under the British Columbia Employment Standards Act, [RSBC 1996] or regulations made thereunder; (d) breach of any express or implied contract claims; (e) any tort claims, including claims for misrepresentation, defamation, invasion of privacy, and intentional infliction of emotional distress, whether based on common law or otherwise; (f) commissions or related fees; (g) compensatory or punitive damages; and (h) legal relief awarded by any governmental agency related to any charge or other claimfees and costs. This Release is release does not intended to modify release any rights or waive any existing employee benefit plan or insurance coverage for which Employee may have been eligible under the terms and conditions claims that cannot be waived as a matter of such plans or policies, nor to affect any applicable indemnification provisions for which Employee may have been eligiblelaw.
Appears in 1 contract
Waiver and General Release of Claims. By this Release, ADC and Employee also intend to settle any and all claims Employee has or may have against ADC as the result of Employee’s employment and or termination of employment with ADC prior to the date Employee executes this Release. In exchange for the consideration expressed in this Releaseset forth herein, Employee Executive hereby completely releases and waives any and all claims, complaints, causes of action, demands, suits, and damages of any kind or character, which Employee he has or may have against ADC Company and/or its employees, agents, consultants, agents officers, directors, counsel, predecessors, successors, subsidiaries, affiliates, assigns, and insurers and each and all thereof (collectively, the “"Released Parties”"), arising out of any acts, omissions, statements, conduct, decisions, behavior or events occurring up through the date of Employee’s signature on this ReleaseExecution Date. Employee Executive understands and accepts that Employee’s Executive's release of claims includes but is not limited to claims based upon: Title VII of the Federal Civil Rights Act of 1964, as amended; the Americans with Disabilities Act; the Age Discrimination in Employment Act of 1967, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Family and Medical Leave Act; the Equal Pay Act; the Fair Labor Standards Act; the Employee Retirement Income Security Act; the Worker Adjustment Retraining Notification Act; the Minnesota New York Human Rights Act; any and all federal, state, or local employment laws, rules, regulations or public policies which apply to Employee Executive in the state of Employee’s Executive's legal residence and in any state where Employee Executive has been employed by ADCCompany; and any other federal state or local statute, ordinance or law. Employee Executive also understands that Employee he is giving up all other claims, including those grounded in contract or tort theories or other common law, including but not limited to: wrongful discharge, violation of Minn. Stat. Section 176.82; breach of contract; tortious interference with contractual relations; promissory estoppel; breach of the implied covenant of good faith and fair dealing; breach of express or implied promise; breach of manuals or other policies; breach of fiduciary duty; assault; battery; fraud; false imprisonment; invasion of privacy; intentional or negligent misrepresentation; defamation, including libel, slander, discharge defamation and self publication defamation; discharge in violation of public policy; intentional or negligent infliction of emotional distress; or any other theory, whether legal or equitable. This release of claims further includes all claims relating to or arising from, Employee’s right to purchase or the actual purchase of shares of ADC stock, including without limitation, to any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. Employee further understands that Employee is releasing, and does hereby release, any claims for damages, by charge or otherwise, whether brought by Employee or on Employee’s behalf by any other party, governmental or otherwise, and agrees not to institute any claims for damages via administrative or legal proceedings against any of the Released Parties. Employee also waives and releases any and all rights to money damages or other legal relief awarded by any governmental agency related to any charge or other claim. This Release is not intended to modify or waive any existing employee benefit plan or insurance coverage for which Employee may have been eligible under the terms and conditions of such plans or policies, nor to affect any applicable indemnification provisions for which Employee may have been eligible.
Appears in 1 contract
Waiver and General Release of Claims. By this ReleaseAgreement, ADC and Employee Executive also intend to settle any and all claims Employee Executive has or may have against ADC as the result of EmployeeExecutive’s employment and or termination of employment with ADC prior to the date Employee Executive executes this ReleaseAgreement. In exchange for the consideration expressed in this ReleaseAgreement, Employee Executive hereby completely releases and waives any and all claims, complaints, causes of action, demands, suits, and damages of any kind or character, which Employee he has or may have against ADC and/or its employees, agents, consultants, agents officers, directors, counsel, predecessors, successors, subsidiaries, affiliates, assigns, and insurers and each and all thereof (collectively, the “Released Parties”), arising out of any acts, omissions, statements, conduct, decisions, behavior or events occurring up through the date of EmployeeExecutive’s signature on this ReleaseAgreement. Employee Executive understands and accepts that EmployeeExecutive’s release of claims includes but is not limited to claims based upon: Title VII of the Federal Civil Rights Act of 1964, as amended; the Americans with Disabilities Act; the Age Discrimination in Employment Act of 1967, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Family and Medical Leave Act; the Equal Pay Act; the Fair Labor Standards Act; the Employee Retirement Income Security Act; the Worker Adjustment Retraining Notification Act; the Minnesota Human Rights Act; any and all federal, state, or local employment laws, rules, regulations or public policies which apply to Employee Executive in the state of EmployeeExecutive’s legal residence and in any state where Employee Executive has been employed by ADC; and any other federal state or local statute, ordinance or law. Employee Executive also understands that Employee he is giving up all other claims, including those grounded in contract or tort theories or other common law, including but not limited to: wrongful discharge, violation of Minn. Stat. Section 176.82; breach of contract; tortious interference with contractual relations; promissory estoppel; breach of the implied covenant of good faith and fair dealing; breach of express or implied promise; breach of manuals or other policies; breach of fiduciary duty; assault; battery; fraud; false imprisonment; invasion of privacy; intentional or negligent misrepresentation; defamation, including libel, slander, discharge defamation and self publication defamation; discharge in violation of public policy; intentional or negligent infliction of emotional distress; or any other theory, whether legal or equitable. This release of claims further includes all claims relating to or arising from, Employee’s right to purchase or the actual purchase of shares of ADC stock, including without limitation, to any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. Employee Executive further understands that Employee he is releasing, and does hereby release, any claims for damages, by charge or otherwise, whether brought by Employee him or on Employee’s his behalf by any other party, governmental or otherwise, and agrees not to institute any claims for damages via administrative or legal proceedings against any of the Released Parties. Employee Executive also waives and releases any and all rights to money damages or other legal relief awarded by any governmental agency related to any charge or other claim. This Release is not intended to modify or waive any existing employee benefit plan or insurance coverage for which Employee may have been eligible under the terms and conditions of such plans or policies, nor to affect any applicable indemnification provisions for which Employee may have been eligible.
Appears in 1 contract
Waiver and General Release of Claims. By this ReleaseAgreement, ADC and Employee Executive also intend to settle any and all claims Employee Executive has or may have against ADC as the result of EmployeeExecutive’s employment and or termination of employment with ADC prior to the date Employee executes Executive signs this ReleaseAgreement. In exchange for the consideration expressed in this ReleaseAgreement, Employee Executive hereby completely releases and waives any and all claims, complaints, causes of action, demands, suits, and damages of any kind or character, which Employee he has or may have against ADC and/or its employees, agents, consultants, agents officers, directors, counsel, predecessors, successors, subsidiaries, affiliates, assigns, and insurers and each and all thereof (collectively, the “Released Parties”), arising out of any acts, omissions, statements, conduct, decisions, behavior or events occurring up through the date of EmployeeExecutive’s signature on this ReleaseAgreement. Employee Executive understands and accepts that EmployeeExecutive’s release of claims includes but is not limited to claims based upon: Title VII of the Federal Civil Rights Act of 1964, as amended; the Americans with Disabilities Act; the Age Discrimination in Employment Act of 1967, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Family and Medical Leave Act; the Equal Pay Act; the Fair Labor Standards Act; the Employee Retirement Income Security Act; the Worker Adjustment Retraining Notification Act; the Minnesota Human Rights Act; any and all federal, state, or local employment laws, rules, regulations or public policies which apply to Employee Executive in the state of EmployeeExecutive’s legal residence and in any state where Employee Executive has been employed by ADC; and any other federal state or local statute, ordinance or law. Employee Executive also understands that Employee he is giving up all other claims, including those grounded in contract or tort theories or other common law, including but not limited to: wrongful discharge, violation of Minn. Stat. Section 176.82; breach of contract; tortious interference with contractual relations; promissory estoppel; breach of the implied covenant of good faith and fair dealing; breach of express or implied promise; breach of manuals or other policies; breach of fiduciary duty; assault; battery; fraud; false imprisonment; invasion of privacy; intentional or negligent misrepresentation; defamation, including libel, slander, discharge defamation and self publication defamation; discharge in violation of public policy; intentional or negligent infliction of emotional distress; or any other theory, whether legal or equitable. This release of claims further includes all claims relating to or arising from, Employee’s right to purchase or the actual purchase of shares of ADC stock, including without limitation, to any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. Employee Executive further understands that Employee he is releasing, and does hereby release, any claims for damages, by charge or otherwise, whether brought by Employee him or on Employee’s his behalf by any other party, governmental or otherwise, and agrees not to institute any claims for damages via administrative or legal proceedings against any of the Released Parties. Employee Executive also waives and releases any and all rights to money damages or other legal relief awarded by any governmental agency related to any charge or other claim. This Release is not intended to modify or waive any existing employee benefit plan or insurance coverage for which Employee may have been eligible under the terms and conditions of such plans or policies, nor to affect any applicable indemnification provisions for which Employee may have been eligible.
Appears in 1 contract
