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

Waiver and Release of All Claims. In consideration for the promises and undertakings contained in this Agreement, and for other good and valuable consideration, the receipt of which is hereby acknowledged, Xxxxxxxxxx and his marital community, descendants, dependents, heirs, representatives, agents, attorneys, successors and assigns, hereby waive, release, and discharge the Company, X.X. Xxxxxxxx, Inc., their affiliates and subsidiaries (collectively “Grainger”) from any and all complaints, claims, charges, claims for relief, demands, suits, actions, and causes of action, whether in law or in equity, whether administrative, judicial, or other, which they have asserted or could assert against Grainger at common law or under any statute, ordinance, rule, regulation, order, policy, or law, whether federal, state, provincial or local, on any grounds whatsoever, known or unknown, including any and all claims arising under the Employment Standards Act, 2000, the Human Rights Code (Ontario), Illinois’ fair employment statutes, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Acts of 1866 and 1871, the Immigration Reform and Control Act, the Fair Labor Standards Act, the Employee Retirement and Income Security Act, the federal Family and Medical Leave Act, the Americans with Disabilities Act, the Equal Pay Act, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, and any and all actions for breach of contract, express or implied, breach of the covenant of good faith and fair dealing, express or implied, wrongful termination in violation of public policy, all other claims for wrongful termination and constructive discharge, and all other tort claims, including assault, battery, intentional or negligent infliction of emotional distress, invasion of privacy, negligence, negligent investigation, negligent hiring or retention, defamation, libel or slander, intentional or negligent misrepresentation, fraud, whistleblowing, and any and all other laws and regulations relating to employment termination, employment discrimination, harassment or retaliation, wages, hours, benefits, compensation, bonuses, incentives, and any and all claims for attorneys’ fees and costs. This waiver and release of claims includes all other claims, disputes, and causes of action arising out of Xxxxxxxxxx’ employment with Grainger and the end of that employment up to the date of execution of this Agreement.

Waiver and Release of All Claims. In consideration for (a) The Executive, on behalf of himself and his successors, assigns, executors and administrators, voluntarily, knowingly and willingly releases and forever discharges the promises Company, together with its past and undertakings contained in this Agreementpresent parents, subsidiaries, and for other good and valuable considerationaffiliates, the receipt together with each of which is hereby acknowledgedtheir officers, Xxxxxxxxxx and his marital communitydirectors, descendantsstockholders, dependentspartners, heirsemployees, agents, representatives, agentsattorneys and advisors and each of their subsidiaries, attorneysaffiliates, successors and assignsestates, hereby waivepredecessors, releasesuccessors, and discharge assigns (collectively, the Company, X.X. Xxxxxxxx, Inc., their affiliates and subsidiaries (collectively “Grainger”"Releasees") from any and all complaintsrights, claims, charges, claims for relief, demands, suits, actions, and causes of action, whether complaints, sums of money, suits, debts, covenants, contracts, agreements, promises, obligations, damages, demands or liabilities of every kind whatsoever, in law or in equity, whether administrative, judicial, or other, which they have asserted or could assert against Grainger at common law or under any statute, ordinance, rule, regulation, order, policy, or law, whether federal, state, provincial or local, on any grounds whatsoever, known or unknown, including suspected or unsuspected (collectively, "Claims") which the Executive or the Executive's executors, administrators, successors or assigns ever had, now has or may hereafter claim to have by reason of any and all claims matter, cause or thing whatsoever: (i) arising from the beginning of time up to the date the Executive signs this Supplemental Release under any federal, state or local statute, constitution, law or regulation, including, without limitation, the Age Discrimination in Employment Act ("ADEA"), the Older Workers Benefit Protection Act ("OWBPA"), the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, 2000, the Human Rights Code (Ontario), Illinois’ fair employment statutes, Title VII of the Civil Rights Act of 1964, the Civil Rights Employee Retirement Income Security Act of 19911974, the Civil Rights Acts Xxxxxxxx-Xxxxx Act of 1866 and 18712002, the Immigration Reform Worker Adjustment and Control Retraining Notification Act, the Fair Labor Standards ActRehabilitation Act of 1973, Executive Order 11246, the Employee Retirement and Income Security Act, the federal Family and Medical Leave Act of 1993, the Genetic Information Nondiscrimination Act, the Americans with Disabilities North Carolina Retaliatory Employment Discrimination Act, North Carolina Equal Employment Practices Act, the Equal Pay North Carolina Persons With Disabilities Protection Act and the North Carolina Wage and Hour Act; (ii) relating to the Executive's hiring, employment or cessation of employment with the Company or any of the Releasees, as well as the circumstances thereof; and/or (iii) arising under or relating to any policy, agreement, understanding or promise, written or oral, formal or informal, between the Company and any of the Releasees and the Executive existing as of the date the Executive signs this Supplemental Release, including, but not limited to, the Age Discrimination in Employment ActAgreement. This Section 3 does not waive or attempt to waive (1) any Claims that cannot legally be waived; (2) any rights the Executive may have to file a charge of discrimination with a federal or state administrative agency; provided, however, that the Executive acknowledges and agrees that, the Older Workers’ Benefit Protection Act, Executive is not entitled to any personal recovery in any such agency proceedings; (3) any Claims the Executive may have under the Agreement or this Supplemental Release; and (4) any and all actions for breach of contract, express or implied, breach Claims the Executive may have to indemnification pursuant to Article 18 of the covenant of good faith and fair dealing, express or implied, wrongful termination in violation of public policy, all other claims for wrongful termination and constructive discharge, and all other tort claims, including assault, battery, intentional or negligent infliction of emotional distress, invasion of privacy, negligence, negligent investigation, negligent hiring or retention, defamation, libel or slander, intentional or negligent misrepresentation, fraud, whistleblowing, and any and all other laws and regulations relating to employment termination, employment discrimination, harassment or retaliation, wages, hours, benefits, compensation, bonuses, incentives, and any and all claims for attorneys’ fees and costs. This waiver and release of claims includes all other claims, disputes, and causes of action arising out of Xxxxxxxxxx’ employment with Grainger and the end of that employment up to the date of execution of this Employment Agreement.

Waiver and Release of All Claims. In consideration for the promises Letter Agreement dated February 24, 2000 between Xxxxxxx and undertakings contained in this Agreement, United and for all other good and valuable consideration, the receipt and sufficiency of which is are hereby expressly acknowledged, Xxxxxxxxxx hereby releases and his marital communityforever discharges United and each and every one of its past, descendantspresent or future directors, dependentsofficers, heirssuccessors, representativesemployees, agentssubsidiaries, attorneysaffiliates, successors sister and assignsparent companies, hereby waive, release, divisions and discharge the Company, X.X. Xxxxxxxx, Inc., their affiliates assigns of and subsidiaries (collectively “Grainger”) from any and all complaints, claims, charges, claims for relief, demands, suits, actions, and causes of action, whether claims, suits, charges, damages and costs, in law relation to all claims which exist as of the date of execution of this Release or which could have been alleged up to the date of this Release. Xxxxxxx further agrees not to commence or cause to be commenced on his behalf any administrative charge or claims, administrative review or legal action of any kind against United asserting any claim or charge arising from or in equityany way relating to his employment with United up to the date of this Release, whether administrativeincluding, judicial, or other, but not limited to: claims which they could have asserted or could assert against Grainger at common law or arisen under any statute, ordinance, rule, regulation, order, policy, or law, whether federal, state, provincial or local, on any grounds whatsoever, known or unknown, including any and all claims arising under the Employment Standards Act, 2000, the Human Rights Code (Ontario), Illinois’ fair employment statutes, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991, ; the Civil Americans With Disabilities Act; the Illinois Human Rights Acts of 1866 and 1871, the Immigration Reform and Control Act, the Fair Labor Standards Actand/or any other state, the Employee Retirement and Income Security Actfederal or municipal employment discrimination statutes (including claims based on sex, the federal Family and Medical Leave Actsexual harassment, the Americans with Disabilities Actage, the Equal Pay Actrace, the Age Discrimination in Employment Actnational origin, the Older Workers’ Benefit Protection Actreligion, and ancestry, harassment, marital status, handicap, disability, retaliation and/or attainment of benefit plan rights); and/or any and all actions for breach of contractother claim whatsoever including, but not limited to, claims relating to implied or express employment contracts, stock option agreements, public policy or implied, breach of the covenant of good faith and fair dealing, express or implied, wrongful termination in violation of public policy, all other claims for wrongful termination and constructive discharge, and all other tort claims, including assault, battery, intentional or negligent infliction of emotional distressdistress claims, invasion of privacypersonal injury claims, negligencedefamation claims, negligent investigationprivacy claims, negligent hiring or retentionwrongful discharge claims, defamationcommon law claims, libel or slander, intentional or negligent misrepresentation, fraud, whistleblowing, and any and all other laws and regulations claims relating to employment terminationlegal restriction on United's right to terminate employees or pursuant to any other claim whatsoever, employment discrimination, harassment or retaliation, wages, hours, benefits, compensation, bonuses, incentives, and any and all claims for attorneys’ fees and costs. This waiver and release of claims includes all other claims, disputes, and causes of action arising out of Xxxxxxxxxx’ or relating to his employment with Grainger and the end of that employment up United and/or any other occurrence to the date of execution of this Agreement, but excluding claims which Xxxxxxx cannot by law waive and claims for breach of the Letter Agreement dated February 24, 2000.

Waiver and Release of All Claims. a. In consideration for of the promises payment of the bonus in the amount of $55,000 (the “Bonus”), Xxxxx X. Xxxxxx (“Employee”) Employee hereby forever releases and undertakings contained in this Agreementdischarges Nationwide Health Properties, and for other good and valuable considerationInc. (the “Company”), the receipt of which is hereby acknowledged, Xxxxxxxxxx and his marital community, descendants, dependents, heirs, representatives, agents, attorneysits affiliates, successors and assigns, hereby waiveas well as each of its past and present officers, releasedirectors, employees, agents, attorneys and discharge shareholders (collectively, the Company“Released Parties”), X.X. Xxxxxxxx, Inc., their affiliates and subsidiaries (collectively “Grainger”) from any and all complaints, claims, charges, claims for reliefcomplaints, liens, demands, suits, actions, and causes of action, whether in law or in equityobligations, whether administrative, judicial, or other, which they have asserted or could assert against Grainger at common law or under any statute, ordinance, rule, regulation, order, policy, or law, whether federal, state, provincial or local, on any grounds whatsoeverdamages and liabilities, known or unknown, including suspected or unsuspected, that Employee had, now has or may hereafter claim to have against the Released Parties arising out of or relating in any way to Employee’s employment with, or termination from, the Company or otherwise relating to any of the Released Parties from the beginning of time to the effective date of this Waiver and General Release of all Claims (the “Release”). This Release specifically extends to, without limitation, any and all claims arising under the Employment Standards Actor causes of action for wrongful termination, 2000, the Human Rights Code (Ontario), Illinois’ fair employment statutes, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Acts of 1866 and 1871, the Immigration Reform and Control Act, the Fair Labor Standards Act, the Employee Retirement and Income Security Act, the federal Family and Medical Leave Act, the Americans with Disabilities Act, the Equal Pay Act, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, and any and all actions for breach of contract, an express or impliedimplied contract, breach of the covenant of good faith and fair dealing, express or impliedbreach of fiduciary duty, wrongful termination in violation of public policyfraud, all other claims for wrongful termination and constructive dischargemisrepresentation, and all other tort claimsdefamation, including assaultslander, battery, intentional or negligent infliction of emotional distress, invasion disability, loss of privacy, negligence, negligent investigation, negligent hiring or retention, defamation, libel or slander, intentional or negligent misrepresentation, fraud, whistleblowingfuture earnings, and any claims under any applicable state, federal or local statutes and all other laws regulations, including, but not limited to, the Civil Rights Act of 1964, as amended, the Equal Pay Act of 1963, as amended, the Fair Labor Standards Act, as amended, the Americans with Disabilities Act of 1990, as amended, the Rehabilitation Act of 1973, as amended, the Employee Retirement Income Security Act of 1974, as amended, the Worker Adjustment and regulations relating to employment terminationRetraining Notification Act, employment discriminationas amended, harassment Section 806 of the Xxxxxxxx-Xxxxx Act, the Family and Medical Leave Act, as amended, the California Family Rights Act, as amended, the California Fair Employment and Housing Act, as amended and California Labor Code Section 1400 et seq.; provided, however, that this Release does not waive, release or retaliationotherwise discharge any claim or cause of action that cannot legally be waived, including, but not limited to, any claim for unpaid wages, hours, workers’ compensation benefits, compensation, bonuses, incentives, unemployment benefits and any and all claims for attorneys’ fees and costs. This waiver and release under section 2802 of claims includes all other claims, disputes, and causes of action arising out of Xxxxxxxxxx’ employment with Grainger and the end of that employment up to the date of execution of this AgreementCalifornia Labor Code.