Waiver and Release by You. You agree that you are not otherwise entitled to receive the Separation Benefits under Paragraph 2 or Company’s release pursuant to Paragraph 4(b), and that these benefits are sufficient consideration for the following waiver and release: In exchange for the payments and other benefits you are receiving under this Agreement, you, on behalf of yourself, your personal representatives, heirs, estate, successors and assigns (collectively, “Your Group”), agree to waive, release and forever discharge Company, its successors, direct or indirect parents, direct or indirect subsidiaries and affiliates, and each of their respective current and former directors, officers, equityholders, partners (general or limited), members, agents, representatives and employees, and the employee benefit plans and programs of each, including any long term incentive plans (all such plans and programs and any successor plan thereto, collectively, the “Employee Benefit Plans”), and the plan sponsors, plan administrators, benefit officers, administrative committees, investment committees and administrative committees of the Employee Benefit Plans, and all successors and assigns of all of the foregoing (collectively, “Company Group”) from all claims of any kind. You, on behalf of yourself and Your Group, release Company Group from liability for any claims or damages you may have against it as of the date you sign this Agreement, whether those claims are known to you or unknown, except for claims that cannot be waived or released under the law or as otherwise provided in Paragraphs 15 and 16. Your release on behalf of yourself and Your Group includes all claims relating to the Employment Agreement, your employment with Company, your benefits through Company or the termination of your employment, whether arising under common law, federal, state or local law, regulation, ordinance or order. Examples of claims waived and released by you on behalf of yourself and Your Group include any alleged violation of the following laws and other sources of legal rights, each as amended and including regulations issued thereunder: • Title VII of the Civil Rights Act of 1964; • Sections 1981 through 1988 of Title 42 of the United States Code; • the Employee Retirement Income Security Act of 1974 (except to the extent provided otherwise in Paragraph 15); • the Immigration Reform and Control Act of 1986; • the Americans with Disabilities Act of 1990; • the Age Discrimination in Employment Act of 1967; • the Worker Adjustment and Retraining Notification Act; • the Occupational Safety and Health Act; • the Rehabilitation Act of 1973; • the Fair Credit Reporting Act; • the Equal Pay Act; • the Family and Medical Leave Act; • the Civil Rights Act of 1991; • the Genetic Information Nondiscrimination Act; • the New York Human Rights Law; • the New York Executive Law; • the New York Labor Law; • the New York Civil Rights Law; • the New York Equal Pay Law; • the New York Whistleblower Law; • the New York Wage-Hour and Wage Payment Laws and Regulations; • the New York Minimum Wage Law; • the Anti-Retaliation/Non-Discrimination Provisions of the New York Workers’ Compensation Law and the New York State Disabilities Benefits Law; • the New York State Worker Adjustment and Retraining Notification Act; • the New York Paid Family Leave Law; • the New York City Human Rights Law; • the New York City Administrative Code and Charter; • any other federal, state, local or other law, rule, regulation, constitution, code, executive order, guideline or ordinance; • any public policy, contract (oral or written, express or implied), tort law or common law; and • any act, statute, common law, agreement or other basis for seeking or recovering any award of costs, fees or other expenses, including attorneys’ fees and/or costs.
Appears in 1 contract
Samples: Mutual Separation Agreement (Warner Music Group Corp.)
Waiver and Release by You. You agree that you are not otherwise entitled to receive the Separation Benefits under separation benefits described in Paragraph 2 or Company’s release pursuant to Paragraph 4(b)2, and that these benefits are sufficient consideration for the following waiver Waiver and release: Release.
(i) In exchange for the payments and other benefits you are receiving under this Agreement, you, on behalf of yourself, your personal representatives, heirs, estate, successors and assigns (collectively, “Your Group”), you agree to waive, release and forever discharge the Company, its successors, direct or indirect parents, direct or indirect subsidiaries and affiliates, and each of their respective current and former directors, officers, equityholders, partners (general or limited), members, agents, representatives and employees, and employees (the employee benefit plans and programs of each, including any long term incentive plans (all such plans and programs and any successor plan thereto, collectively, the “Employee Benefit Plans”), and the plan sponsors, plan administrators, benefit officers, administrative committees, investment committees and administrative committees of the Employee Benefit Plans, and all successors and assigns of all of the foregoing (collectively, “Company Group”) from all claims of any kind. You, on behalf of yourself and Your Group, You release the Company Group from liability for any claims or damages you may have against it as of the date you sign this Agreement, whether those claims are known to you or unknown, except for claims that cannot be waived or released under the law or as otherwise provided in Paragraphs 15 and 16law. Your release on behalf of yourself and Your Group includes all claims relating to the Employment Agreement, Agreement your employment with the Company, your benefits through Company the Company, or the termination of your employment, whether arising under common law, federal, state or local law, regulation, ordinance or order. Examples of claims waived and released by you on behalf of yourself and Your Group include including, but not limited to, any alleged violation of the following laws and other sources of legal rights, each as amended and including regulations issued thereunderamended: • Title VII of the Civil Rights Act of 1964; • Sections 1981 through 1988 of Title 42 of the United States Code; • the Employee Retirement Income Security Act of 1974 (“ERISA”) (except to the extent provided otherwise in Paragraph 15for any vested benefits under any tax qualified benefit plan); • the Immigration Reform and Control Act of 1986; • the Americans with Disabilities Act of 1990; • the The Age Discrimination in Employment Act of 1967, as amended; • the Worker Adjustment and Retraining Notification Act; • the Occupational Safety and Health Act; • the Rehabilitation Act of 1973; • the Fair Credit Reporting Act; • the Equal Pay Act; • the Family and Medical Leave Act; • the Civil Rights Xxxxxxxx-Xxxxx Act of 1991; • 2002, to the Genetic Information Nondiscrimination Actextent permitted by law; • the New York Human Rights Law; • the New York Executive Law; • the New York Labor Law; • the New York Civil Rights Law; • the New York Equal Pay Law; • the New York Whistleblower Law; • the New York Legal Activities Law; • the New York Wage-Hour and Wage Payment Laws and Regulations; • the New York Minimum Wage Law; • the New York Occupational Safety and Health Laws; • the Non-discrimination and Anti-Retaliation/Non-Discrimination retaliation Provisions of the New York Workers’ Compensation Law and the New York State Disabilities Benefits Law; • the New York State Worker Adjustment and Retraining Notification Act; • the New York Paid Family Leave Law; • the New York City Human Rights Law; • the New York City Administrative Code and Charter; • any other federalCalifornia Family Rights Act – Cal. Gov’t Code § 12945.2 et seq., state, local or other law, rule, regulation, constitution, code, executive order, guideline or ordinance; • any public policy, contract (oral or written, express or implied), tort law or common law; and • any act, statute, common law, agreement or other basis for seeking or recovering any award of costs, fees or other expenses, including attorneys’ fees and/or costs.as amended;
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Waiver and Release by You. You agree that you are not otherwise entitled to receive the Separation Benefits under consideration described in Paragraph 2 and Paragraph 4 or Company’s release pursuant to Paragraph 4(b6(b), and that these benefits are such consideration is sufficient consideration for the following waiver and release: . In exchange for the payments and other benefits you are receiving under this Agreement, you, on behalf of yourself, yourself and each of your personal representatives, heirs, estate, successors and assigns (collectively, “Your Group”), agree to waive, release and forever discharge Company, its successors, direct or indirect parents, direct or indirect subsidiaries and affiliates, and each of their respective current and former directors, officers, equityholdersequity holders, partners (general or limited), members, agents, representatives and employees, and the employee benefit plans and programs of each, including any long long-term incentive plans (all such plans and programs and any successor plan thereto, collectively, the “Employee Benefit Plans”), and the plan sponsors, plan administrators, benefit officers, administrative committees, investment committees and administrative committees of the Employee Benefit Plans, and all successors and assigns of all of the foregoing (collectively, “Company Group”) from all claims of any kindkind as of the date you sign this Agreement. You, on behalf of yourself and Your Group, release Company Group from liability for any claims or damages you may have against it as of the date you sign this Agreement, whether those claims are known to you or unknown, except for claims that cannot be waived or released under the law or as otherwise provided in Paragraphs 15 17 and 1618. Your release on behalf of yourself and Your Group as of the date you sign this Agreement includes all claims relating to your employment, the Employment AgreementConsultancy, your employment with Companyservice on the Board, your benefits through Company or the termination of your employmentemployment and the Consultancy, whether arising under common law, federal, state or local law, regulation, ordinance or order. Examples of claims waived and released by you on behalf of yourself you and Your Group include any alleged violation of the following laws and other sources of legal rights, each as amended and including regulations issued thereunder: • Title VII of the Civil Rights Act of 1964; • Sections 1981 through 1988 of Title 42 of the United States Code; • the Employee Retirement Income Security Act of 1974 (except to the extent provided otherwise in Paragraph 1517); • the Immigration Reform and Control Act of 1986; • the Americans with Disabilities Act of 1990; • the Age Discrimination in Employment Act of 1967; • the Worker Adjustment and Retraining Notification Act; • the Occupational Safety and Health Act; • the Rehabilitation Act of 1973; • the Fair Credit Reporting Act; • the Equal Pay Act; • the Family and Medical Leave Act; • the Civil Rights Act of 1991; • the Genetic Information Nondiscrimination Act; • the New York Human Rights Law; • the New York Executive Law; • the New York Labor Law; • the New York Civil Rights Law; • the New York Equal Pay Law; • the New York Whistleblower Law; • the New York Wage-Hour and Wage Payment Laws and Regulations; • the New York Minimum Wage Law; • the Anti-Retaliation/Non-Discrimination Provisions of the New York Workers’ Compensation Law and the New York State Disabilities Benefits Law; • the New York State Worker Adjustment and Retraining Notification Act; • the New York Paid Family Leave Law; • the New York City Human Rights Law; • the New York City Administrative Code and Charter; • any other federal, state, local or other law, rule, regulation, constitution, code, executive order, guideline or ordinance; • any public policy, contract (oral or written, express or implied), tort law or common law; and • any act, statute, common law, agreement or other basis for seeking or recovering any award of costs, fees or other expenses, including attorneys’ fees and/or costs.
Appears in 1 contract
Samples: Employment Separation Agreement (Warner Music Group Corp.)
Waiver and Release by You. You agree that you are not otherwise entitled to receive the Separation Benefits under separation benefits described in Paragraph 2 or Company’s release pursuant to Paragraph 4(b)2, and that these benefits are sufficient consideration for the following waiver Waiver and release: Release.
(i) In exchange for the payments and other benefits you are receiving under this Agreement, you, on behalf of yourself, your personal representatives, heirs, estate, successors and assigns (collectively, “Your Group”), you agree to waive, release and forever discharge the Company, its successors, direct or indirect parents, direct or indirect subsidiaries and affiliates, and each of their respective current and former directors, officers, equityholders, partners (general or limited), members, agents, representatives and employees, and employees (the employee benefit plans and programs of each, including any long term incentive plans (all such plans and programs and any successor plan thereto, collectively, the “Employee Benefit Plans”), and the plan sponsors, plan administrators, benefit officers, administrative committees, investment committees and administrative committees of the Employee Benefit Plans, and all successors and assigns of all of the foregoing (collectively, “Company Group”) from all claims of any kind. You, on behalf of yourself and Your Group, You release the Company Group from liability for any claims or damages you may have against it as of the date you sign this Agreement, whether those claims are known to you or unknown, except for claims that cannot be waived or released under the law or as otherwise provided in Paragraphs 15 and 16law. Your release on behalf of yourself and Your Group includes all claims relating to the Employment Agreement, your employment with the Company, your benefits through Company the Company, or the termination of your employment, whether arising under common law, federal, state or local law, regulation, ordinance or order. Examples of claims waived and released by you on behalf of yourself and Your Group include including, but not limited to, any alleged violation of the following laws and other sources of legal rights, each as amended and including regulations issued thereunderamended: • Title VII of the Civil Rights Act of 1964, as amended; • The Civil Rights Act of 1991, as amended; • Sections 1981 through 1988 of Title 42 of the United States Code, as amended; • the The Employee Retirement Income Security Act of 1974 (except to the extent provided otherwise in Paragraph 15)1974, as amended; • the The Immigration Reform and Control Act of 1986Act, as amended; • the The Americans with Disabilities Act of 1990, as amended; • the The Age Discrimination in Employment Act of 1967, as amended; • the Worker The Workers Adjustment and Retraining Notification Act, as amended; • the The Genetic Information Non-discrimination Act; as amended; • The Occupational Safety and Health Act, as amended; • the Rehabilitation The Xxxxxxxx-Xxxxx Act of 19732002, as amended; • the The Fair Credit Reporting Act; • the Equal Pay Act; • the Family and Medical Leave Act; • the Civil Rights Act of 1991; • the Genetic Information Nondiscrimination Act; • the New York Human Rights Law; • the New York Executive Law; • the New York Labor Law; • the New York Civil Rights Law; • the New York Equal Pay Law; • the New York Whistleblower Law; • the New York Wage-Hour and Wage Payment Laws and Regulations; • the New York Minimum Wage Law; • the Anti-Retaliation/Non-Discrimination Provisions of the New York Workers’ Compensation Law and the New York State Disabilities Benefits Law; • the New York State Worker Adjustment and Retraining Notification Act; • the New York Paid Family Leave Law; • the New York City Human Rights Law; • Laws (if applicable)
(ii) Nothing in this Waiver and Release prevents you from filing a charge with an administrative agency or cooperating with the New York City Administrative Code and Charter; • investigation of such a charge. However, you waive your right to any personal relief for claims that you have released, including lost wages, salary, benefits, money damages, attorneys’ fees, costs, reinstatement or any other federallegal or equitable relief. You waive such personal relief even if it is sought on your behalf by an agency, statea governmental authority, local or other law, rule, regulation, constitution, code, executive order, guideline or ordinance; • a person claiming to represent you and/or any public policy, contract (oral or written, express or implied), tort law or common law; and • any act, statute, common law, agreement or other basis for seeking or recovering any award member of costs, fees or other expenses, including attorneys’ fees and/or costsa class.
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Waiver and Release by You. You agree that you are not otherwise entitled to receive the Separation Benefits under separation benefits described in Paragraph 2 or Company’s release pursuant to Paragraph 4(b)2, and that these benefits are sufficient consideration for the following waiver Waiver and release: Release.
(i) In exchange for the payments and other benefits you are receiving under this Agreement, you, on behalf of yourself, your personal representatives, heirs, estate, successors and assigns (collectively, “Your Group”), you agree to waive, release and forever discharge Company, its successors, direct or indirect parents, direct or indirect subsidiaries and affiliates, and each of their respective current and former directors, officers, equityholders, partners (general or limited), members, agents, representatives and employees, and the employee benefit plans and programs of each, including any long term incentive plans (all such plans and programs and any successor plan thereto, collectively, the “Employee Benefit Plans”), and the plan sponsors, plan administrators, benefit officers, administrative committees, investment committees and administrative committees of the Employee Benefit Plans, and all successors and assigns of all of the foregoing (collectively, “Company Group”) Group from all claims of any kind. You, on behalf of yourself and Your Group, You release Company Group from liability for any claims or damages you may have against it as of the date you sign this Agreement, whether those claims are known to you or unknown, except for claims that cannot be waived or released under the law or as otherwise provided in Paragraphs 15 Paragraph 21 and 16Paragraph 22 hereof. Your release on behalf of yourself and Your Group includes all claims relating to the Employment Agreement, your employment with CompanyCompany Group, your benefits through Company Group or Holdings LLC, or the termination of your employmentemployment (including under the At-Will Agreement, the FCF Plan, the DEU Agreements and the LLC Agreement, and including any claims relating to valuation of your Deferred Equity Units or Matching Equity Units), whether arising under common law, federal, state or local law, regulation, ordinance or order. Examples of claims waived and released by you on behalf of yourself and Your Group include include, but are not limited to, any alleged violation of the following laws and other sources of legal rights, each as amended and including regulations issued thereunderamended: • Title VII of the Civil Rights Act of 1964; • Sections 1981 through 1988 of Title 42 of the United States Code; • the Employee Retirement Income Security Act of 1974 (“ERISA”) (except to the extent provided otherwise in Paragraph 15for any vested benefits under any tax qualified benefit plan); • the Immigration Reform and Control Act of 1986; • the Americans with Disabilities Act of 1990; • the Age Discrimination in Employment Act of 1967; • the Worker Adjustment and Retraining Notification Act; • the Genetic Information Non-discrimination Act; • the Occupational Safety and Health Act; • the Rehabilitation Act of 1973; • the Fair Credit Reporting Act; • the Equal Pay Act; • the Family and Medical Leave Act; • the Fair Credit Reporting Act; • the Xxxxxxxx-Xxxxx Act of 2002, to the extent permitted by law; • Title VII of the Civil Rights Act of 1964; • the Civil Rights Act of 1991; • the Genetic Information Nondiscrimination Act; • the New York Human Rights Law; • the New York Executive Law; • the New York Labor Law; • the New York Civil Rights Law; • the New York Equal Pay Law; • the New York Whistleblower Law; • the New York Legal Activities Law; • the New York Wage-Hour and Wage Payment Laws and Regulations; • the New York Minimum Wage Law; • the New York Occupational Safety and Health Laws; • the Non-discrimination and Anti-Retaliation/Non-Discrimination retaliation Provisions of the New York Workers’ Compensation Law and the New York State Disabilities Benefits Law; • the New York State Worker Adjustment and Retraining Notification Act; • the New York Paid Family Leave Law; • the New York City Human Rights Law; • the New York City Administrative Code and Charter; • any other federal, state, local or other law, or any other federal, state or local law, rule, regulation, constitution, code, executive order, guideline or ordinance; • any public policy, contract (oral or written, express or implied)contract, tort law or common law; and • or any act, statute, common law, agreement or other basis for seeking or recovering any award of costs, fees or other expenses, including but not limited to attorneys’ fees and/or costs, other than as provided herein.
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Waiver and Release by You. You agree that you are not otherwise entitled to receive the Separation Benefits under separation benefits described in Paragraph 2 or Company’s release pursuant to Paragraph 4(b)2, and that these benefits are sufficient consideration for the following waiver Waiver and release: Release.
(i) In exchange for the payments and other benefits you are receiving under this Agreement, you, on behalf of yourself, your personal representatives, heirs, estate, successors and assigns (collectively, “Your Group”), you agree to waive, release and forever discharge the Company, its successors, direct or indirect parents, direct or indirect subsidiaries and affiliates, and each of their respective current and former directors, officers, equityholders, partners (general or limited), members, agents, representatives and employees, and employees (the employee benefit plans and programs of each, including any long term incentive plans (all such plans and programs and any successor plan thereto, collectively, the “Employee Benefit Plans”), and the plan sponsors, plan administrators, benefit officers, administrative committees, investment committees and administrative committees of the Employee Benefit Plans, and all successors and assigns of all of the foregoing (collectively, “Company Group”) from all claims of any kind. You, on behalf of yourself and Your Group, You release the Company Group from liability for any claims or damages you may have against it as of the date you sign this Agreement, whether those claims are known to you or unknown, except for claims that cannot be waived or released under the law or as otherwise provided in Paragraphs 15 and 16law. Your release on behalf of yourself and Your Group includes all claims relating to the Employment Agreement, your employment with the Company, your benefits through Company the Company, or the termination of your employment, whether arising under common law, federal, state or local law, regulation, ordinance or order. Examples of claims waived and released by you on behalf of yourself and Your Group include including, but not limited to, any alleged violation of the following laws and other sources of legal rights, each as amended and including regulations issued thereunderamended: • Title VII of the Civil Rights Act of 1964, as amended; • The Civil Rights Act of 1991, as amended; • Sections 1981 through 1988 of Title 42 of the United States Code, as amended; • the The Employee Retirement Income Security Act of 1974 (except to the extent provided otherwise in Paragraph 15)1974, as amended; • the The Immigration Reform and Control Act of 1986Act, as amended; • the The Americans with Disabilities Act of 1990, as amended; • the The Age Discrimination in Employment Act of 1967, as amended; • the Worker The Workers Adjustment and Retraining Notification Act, as amended; • the The Genetic Information Non-discrimination Act; as amended; • The Occupational Safety and Health Act, as amended; • the Rehabilitation The Xxxxxxxx-Xxxxx Act of 19732002, as amended; • the The Fair Credit Reporting Act; • the Equal Pay Act; • the Family and Medical Leave Act; • the Civil Rights Act of 1991; • the Genetic Information Nondiscrimination Act; • the New York State and City Human Rights LawLaws (if applicable); • the New York Executive Law; • the New York Labor Law; • the New York Civil Rights Law; • the New York Equal Pay Law; • the New York Whistleblower Law; • the New York Legal Activities Law; • the New York Wage-Hour and Wage Payment Laws and Regulations; • the New York Minimum Wage Law; • the New York Occupational Safety and Health Laws; • the Non-discrimination and Anti-Retaliation/Non-Discrimination retaliation Provisions of the New York Workers’ Compensation Law and the New York State Disabilities Benefits Law; • the New York State Worker Adjustment and Retraining Notification Act; • the New York Paid Family Leave Law; • the New York City Human Rights Law; • the New York City Administrative Code and Charter; • any other federal, state, local or other law, rule, regulation, constitution, code, executive order, guideline or ordinance; • any public policy, contract (oral or written, express or implied)contract, tort law or common law; and • or any act, statute, common law, agreement or other basis for seeking or recovering any award of costs, fees or other expenses, including but not limited to attorneys’ fees and/or costs.
(ii) Nothing in this Waiver and Release prevents you from filing a charge with an administrative agency or cooperating with the investigation of such a charge. However, you waive your right to any personal relief for claims that you have released, including lost wages, salary, benefits, money damages, attorneys’ fees, costs, reinstatement or any other legal or equitable relief. You waive such personal relief even if it is sought on your behalf by an agency, a governmental authority, or a person claiming to represent you and/or any member of a class.
Appears in 1 contract
Waiver and Release by You. You agree that you are not otherwise entitled to receive the Separation Benefits under separation benefits described in Paragraph 2 or Company’s release pursuant to Paragraph 4(b)2, and that these benefits are sufficient consideration for the following waiver Waiver and release: Release.
(i) In exchange for the payments and other benefits you are receiving under this Agreement, you, on behalf of yourself, your personal representatives, heirs, estate, successors and assigns (collectively, “Your Group”), you agree to waive, release and forever discharge the Company, its successors, direct or indirect parents, direct or indirect subsidiaries and affiliates, and each of their respective current and former directors, officers, equityholders, partners (general or limited), members, agents, representatives and employees, and employees (the employee benefit plans and programs of each, including any long term incentive plans (all such plans and programs and any successor plan thereto, collectively, the “Employee Benefit Plans”), and the plan sponsors, plan administrators, benefit officers, administrative committees, investment committees and administrative committees of the Employee Benefit Plans, and all successors and assigns of all of the foregoing (collectively, “Company Group”) from all claims of any kind, except as provided below. You, on behalf of yourself and Your Group, You release the Company Group from liability for any claims or damages you may have against it as of the date you sign this Agreement, whether those claims are known to you or unknown, except for claims (A) that cannot be waived or released under the law or law; (B) for rights under your equity awards as otherwise provided in Paragraphs 15 the applicable equity plan or award agreement, (C) for any right to indemnification under applicable corporate law, the Employment Agreement, the by-laws or certificate of incorporation of the Company or any affiliate, or any agreement between you and 16the Company or any affiliate, or (D) for any rights as an insured under any director’s and officer’s liability insurance policy. Your release on behalf of yourself and Your Group includes all claims relating to the Employment Agreement, your employment with the Company, your benefits through Company the Company, or the termination of your employment, whether arising under common law, federal, state or local law, regulation, ordinance or order. Examples of claims waived and released by you on behalf of yourself and Your Group include include, but are not limited to, any alleged violation of the following laws and other sources of legal rights, each as amended and including regulations issued thereunderamended: • Title VII of the Civil Rights Act of 1964; • Sections 1981 through 1988 of Title 42 of the United States Code; • the Employee Retirement Income Security Act of 1974 (“ERISA”) (except to the extent provided otherwise in Paragraph 15for any vested benefits under any tax qualified benefit plan); • the Immigration Reform and Control Act of 1986; • the Americans with Disabilities Act of 1990; • the Age Discrimination in Employment Act of 1967; • the Worker Adjustment and Retraining Notification Act; • the Occupational Safety and Health Act; • the Rehabilitation Act of 1973; • the Fair Credit Reporting Act; • the Equal Pay ActXxxxxxxx-Xxxxx Act of 2002, to the extent permitted by law; • the Family and Medical Leave Act; • the Civil Rights Act of 1991; • the Genetic Information Nondiscrimination Equal Pay Act; • the New York Human California Family Rights LawAct- Cal. Gov’t Code §12945.2 et seq.; • the New York Executive LawCalifornia Fair Employment and Housing Act – Cal. Gov’t Code § 12900 et seq.; • the New York Labor LawCalifornia Xxxxx Civil Rights Act – Civ. Code § 51 et seq.; • the New York Civil Rights LawCalifornia Sexual Orientation Bias Law – Cal. Lab. Code § 1101 et seq.; • the New York Equal Pay LawStatutory provisions Regarding the Confidentiality of AIDS Information– Cal. Health & Safety Code §120775 et seq.; • the New York Whistleblower LawCalifornia Confidentiality of Medical Information – Cal. Civ. Code § 56 et seq.; • the New York Wage-Hour and Wage Payment Laws and RegulationsCalifornia Smokers’ Rights Law – Cal. Lab. Code § 96; • the New York Minimum Wage LawStatutory Provision Regarding Retaliation/Discrimination for Filing a Workers Compensation Claim – Cal. Lab. Code § 132a (1) to (4); • the Anti-Retaliation/Non-Discrimination Provisions of the New York Workers’ Compensation California Parental Leave Law and the New York State Disabilities Benefits Law– Cal. Lab. Code § 230.7 et seq.; • the New York State Worker Adjustment and Retraining Notification ActCalifornia Apprenticeship Program Bias Law – Cal. Lab. Code § 3070 et seq.; • the New York Paid Family Leave LawCalifornia Wage Payment Act, as amended; • the New York City Human Rights Law; • the New York City Administrative California Equal Pay Law – Cal. Lab. Code and Charter; • any other federal, state, local or other law, rule, regulation, constitution, code, executive order, guideline or ordinance; • any public policy, contract (oral or written, express or implied), tort law or common law; and • any act, statute, common law, agreement or other basis for seeking or recovering any award of costs, fees or other expenses, including attorneys’ fees and/or costs§ 1197.5 et seq.;
Appears in 1 contract
Waiver and Release by You. You agree that Specifically in consideration of the separation and transition pay and benefits described in Paragraphs 3 and 4 of this Agreement and Release, and to which you are would not otherwise entitled to receive the Separation Benefits under Paragraph 2 or Company’s release pursuant to Paragraph 4(b)be entitled, and that these benefits are sufficient consideration for the following waiver and release: In exchange for the payments and other benefits you are receiving under by signing this Agreement, you agree as follows:
a. To the fullest extent permitted by law you hereby IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE AND FOREVER DISCHARGE the Company and the Releasees (as defined below) from any and all legally waiveable agreements, promises, liabilities, claims, demands, rights and entitlements of any kind whatsoever, in law or equity, whether known or unknown, asserted or unasserted, fixed or contingent, apparent or concealed, which you, on behalf of yourself, your personal representatives, heirs, estateexecutors, administrators, successors and or assigns (collectivelyever had, “Your Group”)now have or hereafter can, agree to waiveshall or may have for, release and forever discharge Companyupon, its successors, direct or indirect parents, direct or indirect subsidiaries and affiliates, and each of their respective current and former directors, officers, equityholders, partners (general or limited), members, agents, representatives and employees, and the employee benefit plans and programs of each, including any long term incentive plans (all such plans and programs and any successor plan thereto, collectively, the “Employee Benefit Plans”), and the plan sponsors, plan administrators, benefit officers, administrative committees, investment committees and administrative committees of the Employee Benefit Plans, and all successors and assigns of all of the foregoing (collectively, “Company Group”) from all claims by reason of any kind. Youmatter, cause or thing whatsoever existing, arising or occurring at any time on behalf of yourself and Your Group, release Company Group from liability for any claims or damages you may have against it as of prior to the date you sign execute this AgreementAgreement and Release, whether those claims are known to you or unknownincluding, except for claims that cannot be waived or released under the law or as otherwise provided in Paragraphs 15 without limitation, any and 16. Your release on behalf of yourself and Your Group includes all claims arising out of or relating to the Employment Agreement, your employment with Company, your benefits through Company or the termination of your employment, whether arising compensation and benefits with the Company and/or the termination thereof, and any and all contract claims, benefit claims, tort claims, fraud claims, claims under common lawany employment agreement (and any predecessor agreement), commission claims, claims related to equity awards granted pursuant to any and all Company equity plans, defamation claims, disparagement claims, or other personal injury claims, claims related to any bonus compensation, claims for accrued vacation pay, claims for wrongful discharge of any type, including, but not limited to, in violation of public policy, claims in violation of any federal, state or local worker adjustment and retraining notification act, claims under any federal, state or municipal wage payment, discrimination or fair employment practices law, statute or regulation, ordinance claims of retaliation for asserting any rights or orderclaims, claims for discrimination or harassment on any basis prohibited by law, and claims for costs, expenses, additional taxes, penalties and damages of any nature, as well as attorneys’ fees with respect to any possible claim, except that the Company’s obligations under this Agreement and Release shall continue in full force and effect in accordance with its terms. Examples of claims waived THIS RELEASE AND WAIVER INCLUDES, WITHOUT LIMITATION, ANY AND ALL RIGHTS AND CLAIMS UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED, THE CIVIL RIGHTS ACT OF 1991, THE CIVIL RIGHTS ACT OF 1866 (42 U.S.C. 1981), THE AGE DISCRIMINATION IN EMPLOYMENT ACT, 29 U.S.C. § 621 ET SEQ., THE OLDER WORKERS BENEFIT PROTECTION ACT OF 1990, THE EMPLOYEE RETIREMENT INCOME SECURITY ACT, AS AMENDED, THE AMERICANS WITH DISABILITIES ACT, AS AMENDED, THE FAMILY AND MEDICAL LEAVE ACT, THE XXXXXXXX-XXXXX ACT OF 2002, THE XXXXX XXXXXXXXX FAIR PAY ACT, THE CONNECTICUT FAIR EMPLOYMENT PRACTICES ACT, THE CONNECTICUT UNFAIR TRADE PRACTICES ACT, THE WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT; and released by you on behalf of yourself and Your Group include any alleged violation of the following laws and other sources of legal rights, each as amended and including regulations issued thereunder: • Title VII of the Civil Rights Act of 1964; • Sections 1981 through 1988 of Title 42 of the United States Code; • the Employee Retirement Income Security Act of 1974 (except to the extent provided otherwise in Paragraph 15); • the Immigration Reform and Control Act of 1986; • the Americans with Disabilities Act of 1990; • the Age Discrimination in Employment Act of 1967; • the Worker Adjustment and Retraining Notification Act; • the Occupational Safety and Health Act; • the Rehabilitation Act of 1973; • the Fair Credit Reporting Act; • the Equal Pay Act; • the Family and Medical Leave Act; • the Civil Rights Act of 1991; • the Genetic Information Nondiscrimination Act; • the New York Human Rights Law; • the New York Executive Law; • the New York Labor Law; • the New York Civil Rights Law; • the New York Equal Pay Law; • the New York Whistleblower Law; • the New York Wage-Hour and Wage Payment Laws and Regulations; • the New York Minimum Wage Law; • the Anti-Retaliation/Non-Discrimination Provisions of the New York Workers’ Compensation Law and the New York State Disabilities Benefits Law; • the New York State Worker Adjustment and Retraining Notification Act; • the New York Paid Family Leave Law; • the New York City Human Rights Law; • the New York City Administrative Code and Charter; • any all other federal, statestate or local fair employment practices statutes, local ordinances, regulations or constitutional provisions; provided, however, that this waiver and release shall not prohibit you from enforcing your rights under this Agreement and Release.
b. You are not, by signing this Agreement and Release, releasing or waiving (1) any rights or claims that may arise after the Agreement and Release is signed, (2) the post-employment benefits and payments specifically promised to you under this Agreement and Release, (3) the right to institute legal action for the purpose of enforcing the provisions of this Agreement and Release, (4) the right to apply for state unemployment or workers’ compensation benefits, if available, or (5) any claims that controlling law clearly states may not be released by private agreement.
c. To the fullest extent permitted by law, you represent and affirm that: (i) you have not filed or caused to be filed on your behalf any claim for relief against the Company before any arbitral, administrative, regulatory, self-regulatory, judicial, legislative, or other lawbody or agency, ruleand, regulationto the best of your knowledge and belief, constitutionno outstanding claims for relief have been filed or asserted against the Company on your behalf, codewhether in your name or on your behalf as part of a class, executive ordercollective or representative action; and (ii) you have not reported any purported improper, guideline unethical or ordinance; • illegal conduct or activities to any public policysupervisor, contract (oral manager, department head, Human Resources representative, agent or writtenother representative of the Company, express to any member of Knight’s legal or impliedcompliance departments, or to the Company’s Ethics Committee, and have no knowledge of any such improper, unethical or illegal conduct or activities.
d. For the purpose of implementing a full and complete release and discharge of claims, you expressly acknowledge that this Agreement and Release is intended to include in its effect, without limitation, all the claims described in the preceding Paragraph 5(a), tort law whether known or common law; unknown, apparent or concealed, and • any act, statute, common law, agreement or other basis for seeking or recovering any award that this Agreement and Release contemplates the extinction of costs, fees or other expensesall such claims, including claims for attorney’s fees. You expressly waive any right to assert after the execution of this Agreement and Release that any such claim, demand, obligation or cause of action has, through ignorance or oversight, been omitted from the scope of this Agreement and Release.
e. For purposes of this Agreement and Release, the terms “the Company and the Releasees” and “the Company or the Releasees”, include Knight Capital Americas LLC, Knight Capital Group, Inc., and any past, present and future direct and indirect parents, subsidiaries, affiliates, divisions, predecessors, successors, and assigns, and their and Knight’s past, present and future officers, directors, shareholders, representatives, employees, agents and attorneys, in their official and individual capacities, and all other related individuals and entities, jointly and individually, and this Agreement and Release shall inure to the benefit of and be enforceable by all such entities and individuals and their successors and assigns.
f. You release all claims for events or omissions occurring prior to the date of this Agreement and Release, except that nothing in this Agreement and Release shall be construed to prevent you from filing or participating in a charge of discrimination filed with the Equal Employment Opportunity Commission (“EEOC”) or any similar state agency, or a charge with the National Labor Relations Board (“NLRB”) or any other governmental agency. However, by signing this Agreement and Release, you waive the right to recover any monetary damages, personal relief or attorneys’ fees and/or costsfrom the Company or the Releasees in any claim, charge or lawsuit filed by you or any other person or entity.
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Waiver and Release by You. You agree that you are not otherwise entitled to receive the Separation Benefits under separation benefits described in Paragraph 2 or Company’s release pursuant to Paragraph 4(b)2, and that these benefits are sufficient consideration for the following waiver Waiver and release: Release.
(i) In exchange for the payments and other benefits you are receiving under this Agreement, you, on behalf of yourself, your personal representatives, heirs, estate, successors and assigns (collectively, “Your Group”), you agree to waive, release and forever discharge Company, its WMG Management Holdings, LLC, each of their respective successors, direct or indirect parents, direct or indirect subsidiaries and affiliates, and each of their respective current and former directors, officers, equityholders, partners (general or limited), members, agents, representatives and employees, and the employee benefit plans and programs of each, including any long term incentive plans employees (all such plans and programs and any successor plan thereto, collectively, the “Employee Benefit Plans”), and the plan sponsors, plan administrators, benefit officers, administrative committees, investment committees and administrative committees of the Employee Benefit Plans, and all successors and assigns of all of the foregoing (collectively, “Company Group”) from all claims of any kind. You, on behalf of yourself and Your Group, You release Company Group from liability for any claims or damages you may have against it as of the date you sign this Agreement, whether those claims are known to you or unknown (notwithstanding any state or local statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated claims), except for claims that cannot be waived or released under the law or as otherwise provided in Paragraphs 15 and 16law. Your release on behalf of yourself and Your Group includes all any rights you may have with respect to any deferred equity, matching equity units, or any other awards or compensation under the FCF Plan, the Special DEU Agreement or the LLC Agreement or any claims relating to the Employment At-will Agreement, your employment with Company, your benefits through Company Company, or the termination of your employment, whether arising under common law, federal, state or local law, regulation, ordinance or order. Examples of claims waived and released by you on behalf of yourself and Your Group include including but not limited to any alleged violation of the following laws and other sources of legal rights, each as amended and including regulations issued thereunderamended: • Title VII of the Civil Rights Act of 1964; • · Sections 1981 through 1988 of Title 42 of the United States Code, as amended; • · the Employee Retirement Income Security Act of 1974 (“ERISA”) (except to the extent provided otherwise in Paragraph 15for any vested benefits under any tax qualified benefit plan); • · the Immigration Reform and Control Act of 1986, as amended; • · the Americans with Disabilities Act of 1990, as amended; • · the Age Discrimination in Employment Act of 1967, as amended; • · the Worker Adjustment and Retraining Notification Act, as amended; • · the Genetic Information Non-discrimination Act, as amended; · the Occupational Safety and Health Act, as amended; • · the Rehabilitation Act of 1973; • · the Fair Credit Reporting Act; • · the Equal Pay ActSxxxxxxx-Xxxxx Act of 2002, to the extent permitted by law; • · Title VII of the Family and Medical Leave ActCivil Rights Act of 1964, as amended; • · the Civil Rights Act of 1991, as amended; • the Genetic Information Nondiscrimination Act; • · the New York Human Rights Law; • · the New York Executive Law; • · the New York Labor Law; • · the New York Civil Rights Law; • · the New York Equal Pay Law; • · the New York Whistleblower Law; • · the New York Legal Activities Law; · the New York Wage-Hour and Wage Payment Laws and Regulations; • · the New York Minimum Wage Law; • · the New York Occupational Safety and Health Laws; · the Non-discrimination and Anti-Retaliation/Non-Discrimination retaliation Provisions of the New York Workers’ Compensation Law and the New York State Disabilities Benefits Law; • · the New York State Worker Adjustment and Retraining Notification Act; • the New York Paid Family Leave Law; • the New York City Human Rights Law; • · the New York City Administrative Code and Charter; • · any other federal, state, local or other law, or any other federal, state or local law, rule, regulation, constitution, code, executive order, guideline or ordinance; • · any public policy, contract (oral or written, express or implied)contract, tort law or common law; and • · or any act, statute, common law, agreement or other basis for seeking or recovering any award of costs, fees or other expenses, including but not limited to attorneys’ fees and/or costs.
(ii) Nothing in this Waiver and Release prevents you from filing a charge with an administrative agency or cooperating with the investigation of such a charge. However, you waive your right to any personal relief for claims that you have released, including lost wages, salary, benefits, money damages, attorneys’ fees, costs, reinstatement or any other legal or equitable relief. You waive such personal relief even if it is sought on your behalf by an agency, a governmental authority, or a person claiming to represent you and/or any member of a class.
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Waiver and Release by You. You agree that you are not otherwise entitled to receive In exchange for your early release from the Separation Benefits under Paragraph 2 or Employment Agreement and Company’s release pursuant to Paragraph 4(b), and that these benefits are sufficient consideration for the following waiver and release: In exchange for the payments and other benefits you are receiving under this Agreement, you, on behalf of yourself, your personal representatives, heirs, estate, successors and assigns (collectively, “Your Group”), agree to waive, release and forever discharge Company, its successors, direct or indirect parents, direct or indirect subsidiaries and affiliates, and each of their respective current and former directors, officers, equityholders, partners (general or limited), members, agents, representatives and employees, and the employee benefit plans and programs of each, including any long term incentive plans (all such plans and programs and any successor plan thereto, collectively, the “Employee Benefit Plans”), and the plan sponsors, plan administrators, benefit officers, administrative committees, investment committees and administrative committees of the Employee Benefit Plans, and all successors and assigns of all of the foregoing employees (collectively, “Company Group”) from all claims of any kind. You, on behalf of yourself and Your Group, release Company Group from liability for any claims or damages you may have against it as of the date you sign this Agreement, whether those claims are known to you or unknown, except for claims that cannot be waived or released under the law or as otherwise provided in Paragraphs 15 16 and 1617. Your release on behalf of yourself and Your Group includes all claims relating to the Employment Agreement, your employment with Company, your benefits through Company Company, or the termination of your employment, whether arising under common law, federal, state or local law, regulation, ordinance or order. Examples of claims waived and released by you on behalf of yourself and Your Group include include, but are not limited to, any alleged violation of the following laws and other sources of legal rights, each as amended and including regulations issued thereunderamended: • Title VII of the Civil Rights Act of 1964; • Sections 1981 through 1988 of Title 42 of the United States Code; • the Employee Retirement Income Security Act of 1974 (except to the extent provided otherwise in Paragraph 1516); • the Immigration Reform and Control Act of 1986; • the Americans with Disabilities Act of 1990; • the Age Discrimination in Employment Act of 1967; • the Worker Adjustment and Retraining Notification Act; • the Genetic Information Non-discrimination Act; • the Occupational Safety and Health Act; • the Rehabilitation Act of 1973; • the Fair Credit Reporting Act; • the Equal Pay Act; • the Family and Medical Leave Act; • Title VII of the Civil Rights Act of 1964; • the Civil Rights Act of 1991; • the Genetic Information Nondiscrimination Act; • the New York Human Rights Law; • the New York Executive Law; • the New York Labor Law; • the New York Civil Rights Law; • the New York Equal Pay Law; • the New York Whistleblower Law; • the New York Wage-Hour and Wage Payment Laws and Regulations; • the New York Minimum Wage Law; • the Anti-Retaliation/Non-Discrimination Provisions of the New York Workers’ Compensation Law and the New York State Disabilities Benefits Law; • the New York State Worker Adjustment and Retraining Notification Act; • the New York Paid Family Leave Law; • the New York City Human Rights Law; • the New York City Administrative Code and Charter; • any other federal, state, local or other law, rule, regulation, constitution, code, executive order, guideline or ordinance; • any public policy, contract (oral or written, express or implied), tort law or common law; and • any act, statute, common law, agreement or other basis for seeking or recovering any award of costs, fees or other expenses, including attorneys’ fees and/or costs.;
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