Common use of Waiver and General Release of Claims Clause in Contracts

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

Samples: Employment Agreement (Adc Telecommunications Inc)

AutoNDA by SimpleDocs

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

Samples: Confidential Separation Agreement and General Release (Adc Telecommunications Inc)

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

Samples: Separation Agreement and General Release (Gales Industries Inc)

AutoNDA by SimpleDocs

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

Samples: Confidential Separation Agreement and General Release (Adc Telecommunications Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.