Xxxxxxx Release. The Stewards shall be permitted to leave their workstation, after the expiration of the first hour of their shift, to investigate and present grievances to the Employer, without loss of pay after specifying to their Supervisor the purpose of their activity and recording their time according to departmental practice. The Supervisor shall grant permission forthwith for the Stewards to leave their workstation, subject to necessary emergency exceptions. The privilege of the Xxxxxxx leaving his or her work station during working hours without loss of pay is subject to the understanding that their time will be devoted to the proper processing of grievances and will not be abused. Upon entering any County department in the fulfillment of their duties, Stewards shall notify the Department Head or Department Supervisor of their presence and purpose.
Xxxxxxx Release. (a) In consideration of the covenants set forth in this Agreement, and except as expressly set forth herein, Xx. XxXxxxx for himself, his heirs, executors, successors and assigns (collectively the “XxXxxxx Releasors”) hereby knowingly and voluntarily releases, absolves and discharges GCAC and each of its past, present and future officers, partners, attorneys, agents, administrators, employee benefits plans or funds and the fiduciaries thereof, directors, employees, shareholders, affiliates, representatives, or assigns and successors, past and present, including but not limited to Xxxxx X. Xxxx, Xxxxxx Xxxxxx, Xxxxxx X. Xxxxxxxx, Xxxx X. Xxxx, Xxxxxx X. Xxxxxxxx, Xxxx Xxxxxxx and Xxxxxx Xxxxxx (collectively the “GCAC Releasees”) from all rights, claims, demands, obligations, damages, losses, causes of action and suits of all kinds and descriptions, legal and equitable, known and unknown (collectively, “Claims”), that any of the XxXxxxx Releasors may have or ever has had against the GCAC Releasees from the beginning of time to the date of this Agreement, including, but not limited to, any such Claims arising out of, but not limited to, any right of Xx. XxXxxxx or of any person arising under any law, statute, constitution, regulation, ordinance, duty, contract, covenant, or order, or any liability in connection with his employment with GCAC, arising under or in connection with the GCAC Employment Agreement or the XxXxxxx Letters, or for any act of age discrimination or other impermissible form of harassment, retaliation or discrimination by the GCAC Releasees against Xx. XxXxxxx or any other person, as prohibited by any state or federal statute or common law, including, but not limited to, the Age Discrimination in Employment Act of 1967, the whistleblower provision of the Xxxxxxxx-Xxxxx Act of 2002, the Foreign Corrupt Practices Act of 1977, the Employee Retirement Income Act of 1974, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, the Americans With Disabilities Act, 42 U.S.C. §§ 12101 et seq., the California Fair Employment and Housing Act, Cal. Gov’t Code §§ 12940 et seq., the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., the California Labor Code, and the California Constitution, each as amended (the “XxXxxxx Released Matters”). In addition to the above, the XxXxxxx Released Matters include, but are not limited to, Claims for employment discrimination, wrongful termination, retaliation, constructive termination, violation of public po...
Xxxxxxx Release. In consideration for the payments and benefits described above and for other good and valuable consideration, Xxxxxx, on behalf of herself and all of her affiliates, hereby releases and forever discharges the Company and its subsidiaries, as well as its affiliates and all of their respective directors, officers, employees, members, agents, and attorneys, of and from any and all manner of actions and causes of action, suits, debts, claims, and demands whatsoever, in law or equity, known or unknown, asserted or unasserted, which she ever had, now has, or hereafter may have on account of her employment with the Company, the termination of her employment with the Company, and/or any other fact, matter, incident, claim, injury, event, circumstance, happening, occurrence, and/or thing of any kind or nature which arose or occurred prior to the date when she executes this Agreement, including, but not limited to, any and all claims for wrongful termination; breach of any implied or express employment contract; unpaid compensation of any kind; breach of any fiduciary duty and/or duty of loyalty; breach of any implied covenant of good faith and fair dealing; negligent or intentional infliction of emotional distress; defamation; fraud; unlawful discrimination, harassment; or retaliation based upon age, race, sex, gender, sexual orientation, marital status, religion, national origin, medical condition, disability, handicap, or otherwise; any and all claims arising under arising under Title VII of the Civil Rights Act of 1964, as amended (“Title VII”); the Equal Pay Act of 1963, as amended (“EPA”); the Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the Americans with Disabilities Act of 1990, as amended (“ADA”); the Family and Medical Leave Act, as amended (“FMLA”); the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); the Xxxxxxxx-Xxxxx Act of 2002, as amended (“SOX”); the Worker Adjustment and Retraining Notification Act of 1988, as amended (“WARN”); and/or any other federal, state, or local law(s) or regulation(s); any and all claims for damages of any nature, including compensatory, general, special, or punitive; and any and all claims for costs, fees, or other expenses, including attorneys’ fees, incurred in any of these matters (the “Release”). The Company acknowledges, however, that Xxxxxx does not release or waive any rights to contribution or indemnity under this Agreement to which she may otherwise be entitled. The Com...
Xxxxxxx Release. The Union shall not transact Union business on the Employer’s time except as provided in this Agreement. A Xxxxxxx shall request and receive permission from their immediate supervisor to leave his/her job to investigate and adjust grievances and such permission shall, except in emergency situations, be granted without unreasonable delay. The parties recognize that a xxxxxxx may need a reasonable time within which to consult with a grievant. To that end the xxxxxxx and the grievant shall be entitled to a reasonable period of time for the purpose of determining the subject matter and circumstances of the particular matter then in dispute. The xxxxxxx and the grievant may discuss the matter in a private place, the location of which shall be determined at the time considering the circumstances. When a xxxxxxx is requested, one will be provided if available, without unreasonable delay.
Xxxxxxx Release. The Housing Department shall grant necessary and reasonable amount of time off during straight time working hours to the Xxxxxxx who must necessarily be present for direct participation in grievance adjustments with management. Such Xxxxxxx shall first receive permission from such Xxxxxxx’x supervisor to leave the Xxxxxxx’x work station, and shall report back promptly when such Xxxxxxx’x part in the grievance adjustment has been completed.
Xxxxxxx Release. X. Xxxxxxx shall have executed the Xxxxxxx Release. ---------------
Xxxxxxx Release. Of APS&EE Xxxxxx, and on behalf of the released parties, by this Agreement, waive all rights to institute any form of legal action against APS&EE, its shareholders, directors, members, officers, employees, attorneys, experts, successors and assignees for actions or statements made or undertaken, whether in the course of investigating claims or seeking enforcement of Proposition 65 against Xxxxxx in this matter. If any Releasee or Downstream Releasee should institute any such action, then APS&EE’s release of said Releasee or Downstream Releasee in this Agreement shall be rendered void and unenforceable.
Xxxxxxx Release. Upon execution of this Agreement and subject to the complete fulfillment and performance of all conditions set forth herein, Xxxxxx together with its respective predecessors, affiliates, assigns, representatives, agents, attorneys, partners, employees and insurers hereby fully releases, remises, forgives and discharges (collectively “Releases”) Cerus, together with its respective predecessors, affiliates, assigns, representatives, agents, attorneys, partners, employees and insurers from all claims, actions and causes for action (whether at law, in equity, or otherwise), disputes, demands, counterclaims, arbitrations, duties, debts, suits, damages, obligations, costs, expenses, liens, liabilities, accounts, reckonings, rights, rights of action, rights of indemnity (whether legal or equitable), rights of subrogation, rights to contribution, defenses, setoffs and remedies of any nature whatsoever, (collectively “Claims”) whether known or unknown, which Xxxxxx has, or ever had, or, may hereafter have, for, upon, or by reason of any matter, cause, or thing, of any nature whatsoever, except as set forth in Section 10.3 of the Restructuring Agreement, occurring at any time or times up to the date of this Agreement (but not including obligations under this Agreement); in each case solely to the extent arising out of any failures of Cerus to have performed any of its obligations under the Platelet Agreement, the RBC/FFP Agreement, and the February 2005 Agreements. Xxxxxx acknowledges and affirms that it is not relying on, and has not relied on, any representation or statement made by Cerus with respect to the facts involved in this release or with regard to the rights or asserted rights of Xxxxxx. Xxxxxx hereby assumes all risk with respect to any mistakes of fact with regard to this release and with regard to all facts which are now unknown to Xxxxxx relating thereto.
Xxxxxxx Release. In consideration of the promises, covenants and other valuable consideration provided by the Company in the Transition Agreement and in this Release, Xx. Xxxxxx hereby unconditionally releases and discharges the Company and its affiliates, and their current and former employees, officers, agents, attorneys, directors, and shareholders (collectively referred to as “Released Parties”) from any and all claims, causes of action, losses, obligations, liabilities, damages, judgments, costs, expenses (including attorneys’ fees) of any nature whatsoever, known or unknown, contingent or non-contingent (collectively, “Claims”), that Xx. Xxxxxx had or has as of the date of this Release arising (i) out of Xx. Xxxxxx’x hiring by, employment with, or retirement from the Company, and (ii) under any federal or state law, including, but not limited to, the Age Discrimination in Employment Act of 1967, 42 U.S.C. §§ 1981-1988, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Employee Retirement Income Security Act of 1974, the Consolidated Omnibus Budget Reconciliation Act of 1986, the National Labor Relations Act, the Occupational Safety and Health Act, the Fair Labor Standards Act, the Family and Medical Leave Act of 1993, the Workers Adjustment and Retraining Notification Act, the Americans with Disabilities Act of 1990, Arkansas or Texas labor codes and any provision of any state or federal Constitutions or common law. This Release includes but is not limited to any claims Xx. Xxxxxx may have for salary, wages, severance pay, vacation pay, sick pay, bonuses, benefits, pension, stock options, restricted stock units, overtime, and any other compensation or benefit of any nature. This Release also includes but is not limited to any and all common law claims including, but not limited to, claims for wrongful discharge, breach of express or implied contract, implied covenant of good faith and fair dealing, intentional or negligent infliction of emotional distress, violation of public policy, defamation, conspiracy, invasion of privacy, and/or tortious interference with current or prospective business relationships. Furthermore, Xx. Xxxxxx relinquishes any right to re-employment with the Company or the Released Parties. Xx. Xxxxxx also relinquishes any right to further payment or benefits under any employment agreement, benefit plan or severance arrangement maintained or previously or subsequently maintained by the Company or any of the Released Parties or any...
Xxxxxxx Release. Xxxxxx acknowledges that the CDOT has disclosed to the City, which has disclosed to Kentro, a release of hazardous substances at the Xxxxxxx building on the Property, (the "Xxxxxxx Release"). The Xxxxxxx Release consisted of four (4) spent solvents that were stored in the former USTs, including 1,1,1-trichloroethane (1,1,1-TCA), trichloroethene (TCE), methylene chloride (DCM), and petroleum distillates. These compounds, their associated degradation products, and other minor constituents (including asphaltic compounds) have impacted the subsurface at the Property and areas downgradient of the Property. In addition, 1,4-dioxane is included as a site constituent of concern (COC) based on its detection in groundwater. City has informed Xxxxxx that CDOT has performed remediation of the groundwater and indoor air in the neighborhood and has received a no further action determination for the indoor air part of the program from the Colorado Department of Public Health and Environment ("CDPHE"), a copy of which in the same form which was received by the City from CDOT has been delivered to Kentro prior to the Effective Date. Pursuant to the CDOT Agreement, CDOT will continue to work with CDPHE prior to and after the Closing to remediate the Xxxxxxx Release to the extent necessary to obtain a no further action determination from CDPHE for the Property for the Xxxxxxx Release; provided that such remediation will not require CDOT to demolish the Xxxxxxx building. After Closing, the City and Kentro agree to allow CDOT, its consultants and CDPHE access to the Property as necessary to remediate the Xxxxxxx Release. Xxxxxx agrees that after Closing until a no further action determination has been issued by CDPHE it will not (i) take any action at the Property that will hinder, delay or increase the cost of the remediation of the Xxxxxxx Release, (ii) remove or damage any monitoring xxxxx at the Property, or (iii) perform any demolition or reconstruction of the Xxxxxxx building or surrounding areas without the prior written consent of CDOT. Xxxxxx agrees that it will obtain CDPHE's written approval of all planned uses and improvements at the Property. Xxxxxx agrees that at Closing a notice of environmental conditions has or will be recorded against the Property in a form to be agreed upon by Xxxxxx, CDOT and the City prior to the expiration of the Due Diligence Period. Such notice shall not be a Mandatory Removal Exception and shall not be removed from the Permitted Except...
