Common use of Waiver; Release Clause in Contracts

Waiver; Release. A. Xxxxx waives, releases and discharges Quaker from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he may have or claim to have against Quaker as of the date this Agreement becomes effective. Dxxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitation, Dxxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver includes but is not limited to claims arising out of or in any way related to Dxxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or the Americans with Disabilities Act, claims for breach of contract, and any other statutory or common law cause of action under state, federal or local law. However, Dxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, he does not waive any rights he may have as an employee on inactive status and/or as a former employee, as the case may be, under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Program, the Long Term Incentive Plan of 1990, etc.), nor does he waive his right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreement, such benefits shall continue to be governed by the ERISA plans, contracts and/or Quaker policies that exist independent of this Agreement. Finally, Dxxxx does not waive any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for Dxxxx, for actions or omissions while he was an officer, on the same terms as it maintains such coverage (if any) for active officers. B. Quaker waives, releases and discharges Dxxxx from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs, that it may have or claim to have against Dxxxx as of the date this Agreement becomes effective; provided, this waiver, release and discharge only apply to claims as to which Quaker's senior officers were aware, on or before the effective date of this Agreement, of all material facts necessary to establish Dxxxx'x liability; and further provided, Quaker does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. C. The parties stipulate that nothing contained in this Agreement shall be construed as an admission by either of them of any liability, wrongdoing or unlawful conduct. It is understood that both Quaker and Dxxxx deny any liability, wrongdoing or unlawful conduct, and each is providing consideration for this waiver and release solely in order to resolve any potential disputes between them amicably and to avoid the expense of potential litigation.

Waiver; Release. A. Xxxxx Xxxxxxxxx waives, releases and discharges Quaker from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he may have or claim to have against Quaker as of the effective date of this Agreement becomes effectiveAgreement. Dxxxx Sxxxxxxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitation, Dxxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver includes but is not limited to claims arising out of or in any way related to Dxxxx'x Sxxxxxxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended)Act, discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or the Americans with Disabilities Act, claims for breach of contract, and any other statutory or common law cause of action under state, federal or local law. . B. However, Dxxxx Sxxxxxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, ; nor does he does not waive any vested rights he may have as an employee on inactive status and/or as a former employee, as the case may be, under this Agreement or any of Quaker's fringe benefit welfare, pension or incentive plans (e.g., its pension plan, the Program, the Long Term Incentive Plan of 1990, etc.)plans, nor does he waive his any right to payment for unused vacation, if any, pursuant to Quaker's vacation policyaccrued during the year in which his retirement becomes effective. Notwithstanding anything to the contrary in Paragraph 8 of this Agreementparagraph 9, such benefits shall continue to be governed by the ERISA separate Quaker plans, existing contracts and/or Quaker policies that exist independent of this Agreement. Finally, Dxxxx does not waive any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for Dxxxx, for actions or omissions while he was an officer, on the same terms as it maintains such coverage (if any) for active officerspolicies. B. C. Quaker waives, releases and discharges Dxxxx Sxxxxxxxx from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs, that it may have or claim to have against Dxxxx Sxxxxxxxx as of the date this Agreement becomes effective; provided, this waiver, release and discharge only apply to claims as to which Quaker's senior officers were the Board (excluding Sxxxxxxxx) was aware, on or before the effective date of this Agreement, of all material facts necessary to establish Dxxxx'x Sxxxxxxxx'x liability; and further provided, Quaker does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. C. D. The parties stipulate that nothing contained in this Agreement shall be construed as an admission by either of them of any liability, wrongdoing or unlawful conduct. It is understood that both Quaker and Dxxxx Sxxxxxxxx deny any liability, wrongdoing or unlawful conduct, and each is providing consideration for this waiver and release solely in order to resolve any potential disputes between them amicably and to avoid the expense of potential litigation.

Waiver; Release. A. Xxxxx Xxxxxxxx waives, releases and discharges Quaker from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he may have or claim to have against Quaker as of the date this Agreement becomes effective. Dxxxx Txxxxxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitation, Dxxxx Txxxxxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver includes but is not limited to claims arising out of or in any way related to Dxxxx'x Txxxxxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or the Americans with Disabilities Act, claims for breach of contract, and any other statutory or common law cause of action under state, federal or local law. However, Dxxxx Txxxxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims under this Agreement, nor ones that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, he does not waive any rights he may have as an employee on inactive status and/or as a former employee, as the case may be, under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Program, the Long Term Incentive Plan of 1990, etc.), nor does he waive his right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreement, such benefits shall continue to be governed by the ERISA plans, contracts and/or Quaker policies that exist independent of this Agreement. Finally, Dxxxx does not waive any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for Dxxxx, for actions or omissions while he was an officer, on the same terms as it maintains such coverage (if any) for active officers. B. Quaker waives, releases and discharges Dxxxx Txxxxxxx from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees attorneys'fees and costs, that it may have or claim to have against Dxxxx Txxxxxxx as of the date this Agreement becomes effective; provided, this waiver, release and discharge only apply to claims as to which Quaker's senior officers were aware, on or before the effective date of this Agreement, of all material facts necessary to establish Dxxxx'x Txxxxxxx'x liability; and further provided, Quaker does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. C. The parties stipulate that nothing contained in this Agreement shall be construed as an admission by either of them of any liability, wrongdoing or unlawful conduct. It is understood that both Quaker and Dxxxx Txxxxxxx deny any liability, wrongdoing or unlawful conduct, and each is providing consideration for this waiver and release solely in order to resolve any potential disputes between them amicably and to avoid the expense of potential litigation.

Waiver; Release. A. Xxxxx waives, releases and discharges Quaker from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he she may have or claim to have against Quaker as of the date this Agreement becomes effective. Dxxxx Axxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitation, Dxxxx Axxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver includes but is not limited to claims arising out of or in any way related to Dxxxx'x Axxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or the Americans with Disabilities Act, claims for breach of contract, and any other statutory or common law cause of action under state, federal or local law. However, Dxxxx Axxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, he she does not waive any rights he she may have as an employee on inactive status and/or as a former employee, as the case may be, under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Program, the Long Term Incentive Plan of 1990, etc.), nor does he she waive his her right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreement, such benefits shall continue to be governed by the ERISA plans, contracts and/or Quaker policies that exist independent of this Agreement. Finally, Dxxxx does not waive any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for Dxxxx, for actions or omissions while he was an officer, on the same terms as it maintains such coverage (if any) for active officers. B. Quaker waives, releases and discharges Dxxxx Axxxx from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs, that it may have or claim to have against Dxxxx Axxxx as of the date this Agreement becomes effective; provided, this waiver, release and discharge only apply to claims as to which Quaker's senior officers or its Board of Directors were aware, on or before the effective date of this Agreement, of all material facts necessary to establish Dxxxx'x Axxxx'x liability; and further provided, Quaker does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. C. The parties stipulate that nothing contained in this Agreement shall be construed as an admission by either of them of any liability, wrongdoing or unlawful conduct. It is understood that both Quaker and Dxxxx Axxxx deny any liability, wrongdoing or unlawful conduct, and each is providing consideration for this waiver and release solely in order to resolve any potential disputes between them amicably and to avoid the expense of potential litigation.

Waiver; Release. A. Xxxxx Xxxxxxx waives, releases and discharges Quaker from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he may have or claim to have against Quaker as of the date this Agreement becomes effective. Dxxxx Rxxxxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitation, Dxxxx Rxxxxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver includes but is not limited to claims arising out of or in any way related to Dxxxx'x Rxxxxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or the Americans with Disabilities Act, claims for breach of contract, and any other statutory or common law cause of action under state, federal or local law. However, Dxxxx Rxxxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, he does not waive any rights he may have as an employee on inactive status and/or as a former employee, as the case may be, under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Program, the Long Term Incentive Plan of 1990, etc.), nor does he waive his right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreement, such benefits shall continue to be governed by the ERISA plans, contracts and/or Quaker policies that exist independent of this Agreement. Finally, Dxxxx does not waive any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for Dxxxx, for actions or omissions while he was an officer, on the same terms as it maintains such coverage (if any) for active officers. B. Quaker waives, releases and discharges Dxxxx Rxxxxxx from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs, that it may have or claim to have against Dxxxx Rxxxxxx as of the date this Agreement becomes effective; provided, this waiver, release and discharge only apply to claims as to which Quaker's senior officers were aware, on or before the effective date of this Agreement, of all material facts necessary to establish Dxxxx'x Rxxxxxx'x liability; and further provided, Quaker does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. C. The parties stipulate that nothing contained in this Agreement shall be construed as an admission by either of them of any liability, wrongdoing or unlawful conduct. It is understood that both Quaker and Dxxxx Rxxxxxx deny any liability, wrongdoing or unlawful conduct, and each is providing consideration for this waiver and release solely in order to resolve any potential disputes between them amicably and to avoid the expense of potential litigation.

Waiver; Release. A. Xxxxx Xxxxxxxx waives, releases and discharges Quaker from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he may have or claim to have against Quaker as of the date of this Agreement becomes effectiveAgreement. Dxxxx Mxxxxxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitation, Dxxxx Mxxxxxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver waver includes but is not limited to claims arising out of or in any way related to Dxxxx'x Mxxxxxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or the Americans with Disabilities Act, claims for breach of contract, and any other statutory or common law cause of action under state, federal or local law. However, Dxxxx Mxxxxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, he does not waive any rights he may have (as an employee on inactive status and/or until November 30, 1997 and as a former employee, as the case may be, employee thereafter) under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Program, the SERP, the Long Term Incentive Plan of 1990, etc.), nor does he waive his right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreementparagraph 9, such benefits shall continue to be governed by the separate ERISA plans, existing contracts and/or Quaker policies (except that exist independent of this Agreement. Finally, Dxxxx does not waive any right to indemnification he may have the Restricted Share Award is hereby amended pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for Dxxxx, for actions or omissions while he was an officer, on the same terms as it maintains such coverage (if any) for active officersparagraph 1(C)). B. Quaker waives, releases and discharges Dxxxx Mxxxxxxx from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs, that it may have or claim to have against Dxxxx Mxxxxxxx as of the date this Agreement becomes effective; provided, this waiver, release and discharge only apply to claims as to which Quaker's senior officers were aware, on or before the effective date of this Agreement, of all material facts necessary to establish Dxxxx'x Mxxxxxxx'x liability; and further provided, Quaker does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. C. The parties stipulate that nothing contained in this Agreement shall be construed as an admission by either of them of any liability, wrongdoing or unlawful conduct. It is understood that both Quaker and Dxxxx Mxxxxxxx deny any liability, wrongdoing or unlawful conduct, and each is providing consideration for this waiver and release solely in order to resolve any potential disputes between them amicably and to avoid the expense of potential litigation.

Waiver; Release. A. Xxxxx waives, releases and discharges Quaker from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he may have or claim to have against Quaker as of the date this Agreement becomes effective. Dxxxx Mxxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitation, Dxxxx Mxxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver includes but is not limited to claims arising out of or in any way related to Dxxxx'x Mxxxx' employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or the Americans with Disabilities Act, claims for breach of contract, and any other statutory or common law cause of action under state, federal or local law. However, Dxxxx Mxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, he does not waive any rights he may have as an employee on inactive status and/or as a former employee, as the case may be, under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Program, the Long Term Incentive Plan of 1990, etc.), nor does he waive his right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreement, such benefits shall continue to be governed by the ERISA plans, contracts and/or Quaker policies that exist independent of this Agreement. Finally, Dxxxx Mxxxx does not waive any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for DxxxxMxxxx, for actions or omissions while he was an officer, on the same terms as it maintains such coverage (if any) for active officers. B. Quaker waives, releases and discharges Dxxxx Mxxxx from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs, that it may have or claim to have against Dxxxx Mxxxx as of the date this Agreement becomes effective; provided, this waiver, release and discharge only apply to claims as to which Quaker's senior officers were aware, on or before the effective date of this Agreement, of all material facts necessary to establish Dxxxx'x Mxxxx' liability; and further provided, Quaker does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. C. The parties stipulate that nothing contained in this Agreement shall be construed as an admission by either of them of any liability, wrongdoing or unlawful conduct. It is understood that both Quaker and Dxxxx Mxxxx deny any liability, wrongdoing or unlawful conduct, and each is providing consideration for this waiver and release solely in order to resolve any potential disputes between them amicably and to avoid the expense of potential litigation.