Common use of Waiver and Release by Employee Clause in Contracts

Waiver and Release by Employee. In consideration of the Company’s agreement to enter into and to provide the terms of this Agreement, Employee hereby and forever, irrevocably and unconditionally, waives and releases any and all rights, claims and causes of action against the Company of whatever kind or nature, known or unknown, asserted or unasserted, that may have arisen prior to or that may exist as of the date of Employee’s execution and acceptance of this Agreement. It is expressly understood and agreed that the claims covered by Employee’s release include, but are not limited to, any and all claims or rights arising or that could be asserted under any statutory or common law theory including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990; the Civil Rights Act of 1866, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Workers Adjustment and Retraining Notification Act of 1988; the Pregnancy Discrimination Act of 1978; the Employee Retirement Income Security Act of 1974, as amended; the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; the Family and Medical Leave Act of 1993; the Fair Labor Standards Act; the Occupational Safety and Health Act; the Texas Labor Code; claims in connection with workers’ compensation or “whistle blower” statutes; claims in contract, tort, defamation, slander, wrongful termination; or claims under any other federal, state, or local statute, law, rule or regulation. In addition, it is understood and agreed that, by this Agreement, Employee waives any claims he may have against the Company based on any other theory of liability, statutory or non-statutory, in contract or in tort, including, but not limited to, claims for wrongful or constructive discharge, breach of any express or implied employment contract or agreement, breach of any covenant of good faith and fair dealing, fraud, defamation, or any personal or emotional injury. It is further understood and agreed that the parties covered by Employee’s release include the Company’s present and former shareholders, officers, directors, employees, agents, insurers, assigns, predecessors, and successors, and that any reference to the Company in this Agreement is understood to include all of the foregoing persons or entities. Employee represents he has not filed, and will not in the future file, participate in, or cause to be filed on his behalf, any action, lawsuit, claim or charge against the Company with any state or federal court, or local, state, or federal agency, arising out of or related to his Employment Agreement or his employment with the Company, or the cessation of such employment. If any state or federal agency assumes jurisdiction of any complaint, charge or grievance arising out of the Employment Agreement, employment or cessation, Employee will direct the agency to withdraw from the matter and Employee will not cooperate or participate in any investigation or prosecution of any matter or action, except to the extent specifically required by subpoena or law. Employee further specifically waives any right he may have to collect damages or other compensation as a result of any such complaint, charge or grievance.

Waiver and Release by Employee. In consideration For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Employee, including the payments to the Employee as described in Section 4, Employee hereby agrees that his separation of employment from the Company was not due in any way to age or any other type of discrimination or any wrongful act of the Company’s agreement to enter into , and to provide Employee and his Releasors, as hereinafter defined, do hereby voluntarily and fully release and forever discharge the terms of this AgreementCompany, Employee hereby together with its past and forevercurrent predecessors, irrevocably successors, shareholders, officers, directors, employees, attorneys, trustees, insurers, representatives, contractors, representatives, related organizations and unconditionallyaffiliates (collectively, waives the “Released Parties”), jointly and releases individually, from any and all rightsclaims, demands, debts, causes of action, claims for relief, and causes of action against the Company damages, of whatever kind or nature, known or unknown, asserted developed or unassertedundeveloped, that which Employee had, now has or may hereinafter have from the beginning of the world to the date hereof including, without limitation, all claims and all rights which the Employee may have arisen prior to or that may exist as of the date of Employee’s execution and acceptance of this Agreement. It is expressly understood and agreed that the claims covered by Employee’s release include, but are not limited to, any and all claims or rights arising or that could be asserted under any statutory or common law theory including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Equal Employment Opportunity Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990; the Civil Rights Act of 1866, as amended1972; the Civil Rights Act of 1991; the Americans with Disabilities Age Discrimination and Employment Act of 1990; the Workers Adjustment and Retraining Notification Act of 1988; the Pregnancy Discrimination Act of 19781967; the Employee Retirement Income Security Act of 1974, as amended42 U.S.C. § 1981; the Consolidated Omnibus Budget Reconciliation Act of 1985, as amendedOlder Workers’ Benefit Protection Act; the Americans with Disabilities Act; the Family and Medical Leave Act of 1993; the Equal Pay Act; the Fair Labor Standards Act; and any and all other federal and state statutes which regulate employment; and the Occupational Safety laws of contracts, tort and Health Act; the Texas Labor Code; claims in connection with workers’ compensation or “whistle blower” statutes; claims in contract, tort, defamation, slander, wrongful termination; or claims under any other federal, state, or local statute, law, rule or regulation. In addition, it is understood and agreed that, by this Agreement, Employee waives subjects but excluding any claims he may have against the Company based on any other theory of liability, statutory or non-statutory, in contract or in tort, including, but not limited to, claims for wrongful or constructive discharge, breach of any express or implied employment contract or agreement, breach of any covenant of good faith and fair dealing, fraud, defamation, or any personal or emotional injury. It is further understood and agreed that the parties covered waivable by Employee’s release include the Company’s present and former shareholders, officers, directors, employees, agents, insurers, assigns, predecessors, and successors, and that any reference to the Company in this Agreement is understood to include all of the foregoing persons or entities. Employee represents he has not filed, and will not in the future file, participate in, or cause to be filed on his behalf, any action, lawsuit, claim or charge against the Company with any state or federal court, or local, state, or federal agency, arising out of or related to his Employment Agreement or his employment with the Company, or the cessation of such employment. If any state or federal agency assumes jurisdiction of any complaint, charge or grievance arising out of the Employment Agreement, employment or cessation, Employee will direct the agency to withdraw from the matter and Employee will not cooperate or participate in any investigation or prosecution of any matter or action, except to the extent specifically required by subpoena or law. Employee further specifically waives any right he may have to collect damages or other compensation as a result of any such complaint, charge or grievance.

Waiver and Release by Employee. (a) In consideration of exchange for the Company’s agreement special severance benefits promised to enter into and to provide the terms of you in this Agreement, Employee and as a material inducement for that promise, you hereby WAIVE, RELEASE and forever, irrevocably and unconditionally, waives and releases FOREVER DISCHARGE the Company and/or related persons from any and all rightsclaims, claims rights and causes liabilities of action against every kind, whether or not you now know them to exist, which you ever had or may have arising out of your employment with the Company or termination of whatever kind or naturethat employment, known or unknown, asserted or unasserted, that may have arisen prior to or that may exist as of the date of Employee’s execution and acceptance of this Agreement. It is expressly understood This WAIVER and agreed that the claims covered by Employee’s release includeRELEASE includes, but are is not limited to, any and all claims or rights arising or that could be asserted claim for unlawful discrimination under any statutory or common law theory includingthe Age Discrimination in Employment Act of 1967, but not limited toas amended ("ADEA"), Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990; the Civil Rights Act of 1866, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; , 42 U.S.C. ss. 1981, the Workers Worker Adjustment and Retraining Notification Act of 1988; the Pregnancy Discrimination Act of 1978; the Employee Retirement Income Security Act of 1974("WARN"), as amended; the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; and the Family and Medical Leave Act of 1993; the Fair Labor Standards Act; the Occupational Safety , and Health Act; the Texas Labor Code; claims in connection with workers’ compensation or “whistle blower” statutes; claims in contract, tort, defamation, slander, wrongful termination; or claims under any violation of any other federal, statestate or local constitution, statute, rule, regulation or ordinance, or local statutefor breach of contract, wrongful discharge, tort or other civil wrong. To the fullest extent permitted by law, rule you PROMISE NOT TO XXX or regulation. In additionbring any charges, it is understood complaints or lawsuits related to the claims you are waiving by this Agreement against the Company and/or related persons in the future, individually or as a member of a class. (b) If you violate this Agreement by bringing or maintaining any charges, claims, grievances, or lawsuits contrary to this Paragraph, you will pay all costs and agreed thatexpenses of the Company and/or related persons in defending against such charges, claims or actions brought by you or on your behalf, including reasonable attorney's fees, and will be required to give back, at the Company's sole discretion, the value of anything paid by the Company in exchange for this Agreement. (c) As referred to in this Agreement, Employee waives any claims he may have against "the Company based on any other theory of liability, statutory or non-statutory, in contract or in tort, including, but not limited to, claims for wrongful or constructive discharge, breach of any express or implied employment contract or agreement, breach of any covenant of good faith and fair dealing, fraud, defamation, or any personal or emotional injury. It is further understood and agreed that the parties covered by Employee’s release include and/or related persons" includes the Company’s , its parents, subsidiaries, affiliates and divisions, their respective successors and assigns, and all of their past and present and former shareholdersdirectors, officers, directorsrepresentatives, shareholders, agents, employees, agents, insurers, assigns, predecessorswhether as individuals or in their official capacity, and successors, the respective heirs and that any reference to the Company in this Agreement is understood to include all of the foregoing persons or entities. Employee represents he has not filed, and will not in the future file, participate in, or cause to be filed on his behalf, any action, lawsuit, claim or charge against the Company with any state or federal court, or local, state, or federal agency, arising out of or related to his Employment Agreement or his employment with the Company, or the cessation of such employment. If any state or federal agency assumes jurisdiction personal representatives of any complaintof them. (d) This WAIVER, charge or grievance arising out of the Employment AgreementRELEASE and PROMISE NOT TO XXX is binding on you, employment or cessationyour heirs, Employee will direct the agency to withdraw from the matter legal representatives and Employee will not cooperate or participate in any investigation or prosecution of any matter or action, except to the extent specifically required by subpoena or law. Employee further specifically waives any right he may have to collect damages or other compensation as a result of any such complaint, charge or grievanceassigns.

Waiver and Release by Employee. (a) In consideration of exchange for the Company’s agreement special severance benefits promised to enter into and to provide the terms of you in this Agreement, Employee and as a material inducement for that promise, you hereby WAIVE, RELEASE and forever, irrevocably and unconditionally, waives and releases FOREVER DlSCHARGE The Company and/or related persons from any and all rightsclaims, claims rights and causes liabilities of action against every kind, whether or not you now know them to exist which you ever had or may have arising out of your employment with the Company or termination of whatever kind or naturethat employment, known or unknown, asserted or unasserted, that may have arisen prior to or that may exist as of the date of Employee’s execution and acceptance of this Agreement. It is expressly understood This WAIVER and agreed that the claims covered by Employee’s release includeRELEASE includes, but are is not limited to, any and all claims or rights arising or that could be asserted claim for unlawful discrimination under any statutory or common law theory includingthe Age Discrimination in Employment Act of 1967, but not limited to, Title VII as amended ("ADEA"),Title VlI of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act of 1967, as amended, including the Older Workers Benefit Protection Act of 1990; the Civil Rights Act of 1866, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; , 42 U.S.C. ss. 1981, the Workers Worker Adjustment and Retraining Notification Act of 1988; the Pregnancy Discrimination Act of 1978; the Employee Retirement Income Security Act of 1974("WARN"), as amended; the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended; and the Family and Medical Leave Act of 1993; the Fair Labor Standards Act; the Occupational Safety , and Health Act; the Texas Labor Code; claims in connection with workers’ compensation or “whistle blower” statutes; claims in contract, tort, defamation, slander, wrongful termination; or claims under any violation of any other federal, statestate or local constitution, statute, rule, regulation or ordinance, or local statutefor breach of contract, wrongful discharge, tort or other civil wrong. To the fullest extent permitted by law, rule you PROMISE NOT TO XXX or regulation. In additionbring any charges, it is understood complaints or lawsuits related to the claims you are waiving by this Agreement against the Company and/or related persons in the future, individually or as a member of a class. (b) If you violate this agreement by bringing or maintaining any charges, claims, grievances, or lawsuits contrary to this Paragraph, you will pay all costs and agreed thatexpenses of the Company and/or related persons in defending against such charges, claims or actions brought by you or on your behalf, including reasonable attorney's fees, and will be required to give back, at the Company's sole discretion, the value of anything paid by the Company in exchange for this Agreement. (c) As referred to in this Agreement, Employee waives any claims he may have against "the Company based on any other theory of liability, statutory or non-statutory, in contract or in tort, including, but not limited to, claims for wrongful or constructive discharge, breach of any express or implied employment contract or agreement, breach of any covenant of good faith and fair dealing, fraud, defamation, or any personal or emotional injury. It is further understood and agreed that the parties covered by Employee’s release include and/or related persons" includes the Company’s , its parents, subsidiaries, affiliates and divisions, their respective successors and assigns, and all of their past and present and former shareholdersdirectors, officers, directorsrepresentatives, shareholders, agents, employees, agents, insurers, assigns, predecessorswhether as individuals or in their official capacity, and successors, the respective heirs and that any reference to the Company in this Agreement is understood to include all of the foregoing persons or entities. Employee represents he has not filed, and will not in the future file, participate in, or cause to be filed on his behalf, any action, lawsuit, claim or charge against the Company with any state or federal court, or local, state, or federal agency, arising out of or related to his Employment Agreement or his employment with the Company, or the cessation of such employment. If any state or federal agency assumes jurisdiction personal representatives of any complaint, charge or grievance arising out of the Employment Agreement, employment or cessation, Employee will direct the agency to withdraw from the matter and Employee will not cooperate or participate in any investigation or prosecution of any matter or action, except to the extent specifically required by subpoena or law. Employee further specifically waives any right he may have to collect damages or other compensation as a result of any such complaint, charge or grievancethem.