Common use of Waiver and General Release Clause in Contracts

Waiver and General Release. For valuable consideration, the adequacy of which is hereby acknowledged, Employee hereby forever settles, releases, compromises, reaches accord and satisfaction, waives, remises, discharges, and acquits the Company and its parents, affiliates and subsidiaries (including all of their respective successors and assigns thereof) and all of their respective past, present and future members, shareholders, employees, officers, directors, agents, predecessors, administrators, representatives, attorneys, insurers and employee benefit plans (collectively, the “Released Parties”), from any and all legal claims, liabilities, suits, causes of action (whether before a court or an administrative agency), damages, costs, attorney fees, interest, injuries, expenses, debts, or demands of any nature whatsoever, known or unknown, liquidated or unliquidated, absolute or contingent, at law or in equity, which were or could have been filed with any federal, state, or local court, agency, arbitrator or any other entity, whether based directly or indirectly on Employee’s employment with or separation from the Company or any other position Employee held with the Company or arising from any other known or unknown dispute between Employee and the Company as of the date Employee signs this Agreement. Employee acknowledges that this general release specifically includes, but is not limited to, claims arising under Title VII of the Civil Rights Acts of 1964; the Americans with Disabilities Act; the Age Discrimination in Employment Act; the Fair Labor Standards Act; the Family and Medical Leave Act; the whistleblower provision of the Section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. §660(c); the National Labor Relations Act; the Federal False Claims Act and related state acts; the Sarbanes Oxley Act; the Fair Employment and Housing Act; the Dxxx Xxxxx Act; the Georgia Equal Pay Act, the Georgia Prohibition of Age Discrimination in Employment Act, and the Georgia Equal Employment for People with Disabilities Code, all as amended; and any other federal, state or local laws or regulations prohibiting employment discrimination or protecting employee rights, as well as claims for other tortious or unlawful conduct, up to the date of the execution of this Agreement. This Agreement shall not waive or release any rights or claims that cannot be waived or released as a matter of law. Employee fully understands and agrees that this Agreement may be pled by the Released Parties as a complete defense to any claim or entitlement which may be hereafter asserted by him or on his behalf in any suit, claim, or grievance proceeding against the Released Parties, for or on account of any matters or things up to and including the present time of execution hereof.

Appears in 2 contracts

Samples: Severance Agreement (CCUR Holdings, Inc.), Severance Agreement (CCUR Holdings, Inc.)

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Waiver and General Release. For valuable considerationThe payments and promises of Versant set forth in this Agreement are being paid and made by Versant in full satisfaction of all accrued salary, the adequacy vacation pay, bonus pay, profit-sharing, stock options, termination benefits or other compensation to which you may be entitled by virtue of which is your employment with Versant or your separation from and termination of employment with Versant. In consideration of Versant’s agreements under this Agreement, you hereby acknowledgedirrevocably release and discharge Versant, Employee hereby forever settlesits successors and assigns, releasessubsidiaries, compromises, reaches accord and satisfaction, waives, remises, dischargesaffiliates, and acquits the Company past and its parents, affiliates and subsidiaries (including all of their respective successors and assigns thereof) and all of their respective past, present and future members, shareholders, employees, officers, directors, shareholders, agents, predecessorsattorneys and representatives of Versant and its subsidiaries and affiliates (Versant, administratorstogether with its successors, representativesassigns, attorneyssubsidiaries, insurers affiliates, and employee benefit plans (collectivelysuch past and present employees, officers, directors, shareholders, agents, attorneys and representatives being collectively referred to as the “Released PartiesReleasees), ) from any and all legal claims, liabilities, suits, demands and causes of action (whether before a court or an administrative agency), damages, costs, attorney fees, interest, injuries, expenses, debts, or demands of any nature whatsoever, known or unknown, liquidated or unliquidated, absolute fixed or contingent, at law which you have or may hereafter have arising out of or in equity, which were any way connected with your employment or could have been filed other relationship with any federal, stateVersant, or local court, agency, arbitrator or any other entity, whether based directly or indirectly on Employee’s the termination of your employment with Versant; provided, however, that notwithstanding the foregoing, the foregoing release and discharge will not release or separation from the Company or discharge Versant from: (i) any other position Employee held with the Company or arising from any other known or unknown dispute between Employee and the Company as of the date Employee signs its unperformed express obligations to you under this Agreement; (ii) Versant’s obligations with respect to your Versant options as provided in Section 3 of this Agreement; or (iii) any rights you may have to indemnification or advancement of expenses from Versant under Versant’s bylaws or under any written indemnity agreement entered into by you and Versant that is in effect on the Separation Date. Employee acknowledges that this general The claims you are releasing under the foregoing release specifically includesinclude, but is are not limited to, claims of unlawful discharge, breach of contract, breach of the covenant of good faith and fair dealing, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of your employment or your separation of employment, claims under Title VII of the 1964 Civil Rights Acts of 1964; Act, as amended, the California Fair Employment and Housing Act, the California Family Rights Act, the Americans with With Disabilities Act; , the Equal Pay Act of 1963, and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act; the Fair Labor Standards Act; the Family and Medical Leave Act; the whistleblower provision of the Section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. §660(c); the National Labor Relations Act; the Federal False Claims Act and related state acts; the Sarbanes Oxley Act; the Fair Employment and Housing Act; the Dxxx Xxxxx Act; the Georgia Equal Pay Act, the Georgia Prohibition of Age Discrimination in Employment Act, and the Georgia Equal Employment for People with Disabilities Code, all as amended; and any other federal, state or local laws or regulations prohibiting employment discrimination or protecting employee rights, as well as claims for other tortious or unlawful conduct, up to the date of the execution of this Agreement. This Agreement shall not waive or release any rights or claims that cannot be waived or released as a matter of law. Employee fully understands and agrees that this Agreement may be pled by the Released Parties as a complete defense to any claim or entitlement which may be hereafter asserted by him or on his behalf in any suit, claim, or grievance proceeding against the Released Parties, for or on account of any matters or things up to and including the present time of execution hereof.

Appears in 2 contracts

Samples: Separation Agreement (Versant Corp), Separation Agreement (Versant Corp)

Waiver and General Release. For valuable considerationIn consideration for the payments and benefits provided by the Company, excluding only claims which cannot be waived by law, Xxxxxx X. Xxxxxxx (hereinafter “Consultant”) releases the adequacy of which is hereby acknowledgedCompany, Employee hereby forever settlesits affiliates, releases, compromises, reaches accord and satisfaction, waives, remises, dischargessubsidiaries, and acquits the Company associated organizations, past and present, and each of them, as well as its parentsand their trustees, affiliates and subsidiaries (including all of their respective successors and assigns thereof) and all of their respective pastdirectors, present and future membersofficers, shareholdersagents, attorneys, employees, officerscontractors, directors, agents, predecessors, administratorsinsurers, representatives, attorneysassigns, insurers and employee benefit plans successors, past and present, and each of them, (collectively, the hereinafter Released PartiesReleasees”), with respect to and from any and all legal legally waivable claims, liabilitieswages, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes of action (whether before a court or an administrative agency)action, obligations, debts, costs, expenses, attorneys’ fees, damages, costsjudgments, attorney feesorders, interestliabilities, injuriescomplaints, expensesand promises whatsoever, debts, in law or demands of any nature whatsoeverequity, known or unknown, liquidated suspected or unliquidatedunsuspected, absolute and whether or contingentnot concealed or hidden (collectively, at law or in equity“Claims”), which were he now owns or could have been filed with holds or he has at any federaltime heretofore owned or held or may in the future hold as against any or all said Releasees, state, arising on or local court, agency, arbitrator or any other entity, whether based directly or indirectly on Employee’s employment with or separation from the Company or any other position Employee held with the Company or arising from any other known or unknown dispute between Employee and the Company as of before the date Employee signs this Agreement. Employee acknowledges that Waiver and General Release (this general release specifically includes“Waiver”) is executed, including, but is not limited to, claims any Claims arising out of or in any way connected with his employment with and/or separation from the Company, any Claims arising under the Xxxxxxxx-Xxxxx Act of 2002, Title VII of the Civil Rights Acts Act of 1964; , as amended, the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), the Americans with Disabilities Act; , the Age Discrimination in Employment Act; Family and Medical Leave Act of 1993, the Fair Labor Standards Act; , the Family and Medical Leave Act; the whistleblower provision of the Section 11(c) of the Occupational Safety and Health False Claims Act, 29 U.S.C. §660(c); as amended, the National Labor Relations Act; the Federal False Claims Act and related state acts; the Sarbanes Oxley Act; the Fair Employment and Housing Act; the Dxxx Xxxxx Act; the Georgia Equal Pay Employee Retirement Income Security Act, the Georgia Prohibition of Age Discrimination in Employment Act, and the Georgia Equal Employment for People with Disabilities Code, all as amended; , Illinois civil rights laws and regulations, Illinois wage/hour laws and regulations, or any other federal, state or local laws law, regulation, ordinance or regulations prohibiting public policy, and any Claims for severance pay, bonus pay, sick leave, holiday pay, vacation pay, life insurance, health, medical or disability insurance or any other fringe benefit or the common law of any state relating to employment discrimination contracts, wrongful discharge, defamation or protecting employee rights, as well as claims for any other tortious matter. Consultant agrees not to xxx any or unlawful conduct, up to the date all of the execution Releasees with respect to any matter released or discharged herein, except that Consultant may seek a determination of the validity of the waiver of his rights under the ADEA. Nothing in this Waiver is intended to reflect any party’s belief that the waiver of the Consultant’s claims under the ADEA is invalid or unenforceable, it being the intent of the parties that such claims are waived. Notwithstanding the above, Consultant does not release and discharge (i) any right to continue his group health insurance coverage pursuant to applicable law; (ii) any vested benefits in any qualified retirement plan; (iii) any claim for breach of this Agreement. This Agreement shall not waive or release Waiver; (iv) any rights or claims claim that cannot be waived released by law, including but not limited to the right to file a charge with or released as a matter of law. Employee fully understands and agrees that this Agreement may be pled participate in an investigation by the Released Parties as a complete defense to Equal Employment Opportunity Commission (“EEOC”); (v) any claim or entitlement which may be hereafter asserted by him or on his behalf in rights under any suit, claim, or grievance proceeding against the Released Parties, for or on account of any matters or things up to equity awards and including the present time of execution hereof.award agreements; (Xxxxxx Xxxxxxx agreement 7-16-12)

Appears in 1 contract

Samples: Independent Contractor Agreement (Career Education Corp)

Waiver and General Release. For valuable considerationThe payments and promises of Versant set forth in this Agreement are in full satisfaction of all accrued salary, the adequacy vacation pay, bonus pay, profit-sharing, stock options, termination benefits or other compensation to which you may be entitled by virtue of which is your employment with Versant or your separation from Versant and termination of employment with Versant. In consideration of Versant’s agreements under this Agreement, you hereby acknowledgedirrevocably release and discharge Versant, Employee hereby forever settlesits successors and assigns, releasessubsidiaries, compromises, reaches accord and satisfaction, waives, remises, dischargesaffiliates, and acquits the Company past and its parents, affiliates and subsidiaries (including all of their respective successors and assigns thereof) and all of their respective past, present and future members, shareholders, employees, officers, directors, stockholders, agents, predecessorsattorneys and representatives of Versant and its subsidiaries and affiliates (Versant, administratorstogether with its successors, representativessubsidiaries, attorneysaffiliates, insurers and employee benefit plans (collectivelysuch employees, officers, directors, stockholders, agents, attorneys and representatives being collectively referred to as the “Released PartiesReleasees), ) from any and all legal claims, liabilities, suits, demands and causes of action (whether before a court or an administrative agency), damages, costs, attorney fees, interest, injuries, expenses, debts, or demands of any nature whatsoever, known or unknown, liquidated or unliquidated, absolute fixed or contingent, at law which you have or may hereafter have arising out of or in equity, which were or could have been filed any way connected with any federal, stateyour employment with Versant, or local court, agency, arbitrator or any other entity, whether based directly or indirectly on Employee’s the termination of your employment with Versant; provided, however, that the foregoing release and discharge will not release or separation from the Company or any other position Employee held with the Company or arising discharge Versant from any other known of its unperformed express obligations to you under this Agreement or unknown dispute between Employee and from any subsequent misconduct. The claims you are releasing under the Company as of the date Employee signs this Agreement. Employee acknowledges that this general foregoing release specifically includesinclude, but is are not limited to, claims of unlawful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of your employment or your separation of employment, claims under Title VII of the 1964 Civil Rights Acts of 1964; Act, as amended, the California Fair Employment and Housing Act, the California Family Rights Act, the Americans with With Disabilities Act; , the Equal Pay Act of 1963, and any other laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims based on age or under the Age Discrimination in Employment Act or Older Workers Benefit Protection Act; the Fair Labor Standards Act; the Family and Medical Leave Act; the whistleblower provision of the Section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. §660(c); the National Labor Relations Act; the Federal False Claims Act and related state acts; the Sarbanes Oxley Act; the Fair Employment and Housing Act; the Dxxx Xxxxx Act; the Georgia Equal Pay Act, the Georgia Prohibition of Age Discrimination in Employment Act, and the Georgia Equal Employment for People with Disabilities Code, all as amended; and any other federal, state or local laws or regulations prohibiting employment discrimination or protecting employee rights, as well as claims for other tortious or unlawful conduct, up to the date of the execution of this Agreement. This Agreement shall not waive or release any rights or claims that cannot be waived or released as a matter of law. Employee fully understands and agrees that this Agreement may be pled by the Released Parties as a complete defense to any claim or entitlement which may be hereafter asserted by him or on his behalf in any suit, claim, or grievance proceeding against the Released Parties, for or on account of any matters or things up to and including the present time of execution hereof.

Appears in 1 contract

Samples: Separation Agreement (Versant Corp)

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Waiver and General Release. For valuable considerationIn consideration for the payments provided for and promises contained in the Transition Services Agreement, dated January 20, 2022 (the adequacy of which is hereby acknowledged“Agreement”; with capitalized terms used but not otherwise defined in this Release shall have the meanings ascribed to such terms in the Agreement), Employee hereby forever settlesand except for claims or rights arising under the Agreement, releases, compromises, reaches accord and satisfaction, Sxxxx X. Xxx specifically waives, remises, discharges, releases and acquits forever discharges the Company and its parents, affiliates and subsidiaries Released Parties (including all as defined below) of their respective successors and assigns thereof) and all of their respective past, present and future members, shareholders, employees, officers, directors, agents, predecessors, administrators, representatives, attorneys, insurers and employee benefit plans (collectively, the “Released Parties”), from any and all legal claims, liabilities, suits, causes of action (whether before a court claims arising from or an administrative agency), damages, costs, attorney fees, interest, injuries, expenses, debts, or demands of any nature whatsoever, known or unknown, liquidated or unliquidated, absolute or contingent, at law or in equity, which were or could have been filed with any federal, state, or local court, agency, arbitrator or any other entity, whether based directly or indirectly on Employeerelating to Kay’s employment with or separation from the Company or any other position Employee held business association with the Company based on any act, event or arising omission occurring from any other known or unknown dispute between Employee and the Company as beginning of the world to the date Employee signs Kxx executes this Agreement. Employee acknowledges that this general release specifically includesRelease, including any claims which could be asserted now or in the future, under common or statutory law, including, but is not limited to, breach of express or implied contract, wrongful termination, retaliation, harassment, discrimination, emotional distress, defamation, or violation of public policy; any claims arising for compensatory time, accrued vacation, accrued sick time, bonus, and any other claims of any nature whatsoever in law or in equity (including , but not limited to, any claim under any severance policy); any and all claims for attorneys’ fees, costs, expenses disbursements; any policies, practices, or procedures of the Company or its affiliates; any federal or state statutes or regulations, including, but not limited to, Title VII of the Civil Rights Acts Act of 1964; , as amended, 42 U.S.C. §2000e et seq., the Americans with Disabilities Act; Civil Rights Act of 1866, 1871, and 1991, the Age Discrimination in Employment Exxxxxxxxx Xxx, 00 X.X.X. §000 et seq., the Older Workers Benefits Protection Act of 1990, the Americans With Disabilities Act; , as amended, 40 X.X.X. §00000 et seq., the Fair Labor Standards Americans With Disabilities Amendments Act; , the Employee Retirement Income Sxxxxxxx Xxx, 00 X.X.X. §0000 et seq., the Consolidated Omnibus Budget Reconciliation Act, 29 U.S.C. §1166(a)(4), the Rehabilitation Act of 1973, the Older Worker’s Benefit Pxxxxxxxxx Xxx, 00 X.X.X. §000 et seq., the Family and Medical Leave Act; , the whistleblower provision of the Section 11(c) of the Occupational Safety and Health Act, 29 U.S.C. §660(c); the National Labor Relations Act; the Federal False Claims Act and related state acts; the Sarbanes Oxley Act; the Fair Employment and Housing Act; the Dxxx Xxxxx Act; the Georgia Equal Pay Act, the Georgia Prohibition federal Whistleblower Protection Statutes, the Sxxxxxxx-Xxxxx Act (to the extent permitted), any equivalent or other similar laws under the State of Age Discrimination in Employment Act, and the Georgia Equal Employment for People with Disabilities Code, all as amendedFlorida; and any provision of any other federallaw, state common or local laws or regulations prohibiting employment discrimination or protecting employee rightsstatutory, as well as claims for other tortious or unlawful conduct, up to the date of the execution United States, the State of this Agreement. This Agreement shall not waive or release any rights or claims that cannot be waived or released as a matter of law. Employee fully understands and agrees that this Agreement may be pled by the Released Parties as a complete defense to any claim or entitlement which may be hereafter asserted by him or on his behalf in any suit, claimFlorida, or grievance proceeding against the Released Partiesany other state, for or on account and/or any provision of any matters statute, regulation, local law or things up to and including the present time of execution hereof.ordinance. The term “

Appears in 1 contract

Samples: Transition Services Agreement (Basanite, Inc.)

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