Common use of Xxxxxx’x Release of Company Clause in Contracts

Xxxxxx’x Release of Company. In consideration of the payments and benefits provided to Xxxxxx under Paragraph 4 of the Letter Agreement and after consultation with counsel, Xxxxxx on behalf of himself and each of his respective heirs, executors, administrators, representatives, agents, successors and assigns (collectively, the “Xxxxxx Parties”) hereby irrevocably and unconditionally release and forever discharge the Company and its subsidiaries and affiliates and each of their respective officers, employees, directors, shareholders and agents (“Company Parties”) from any and all claims, actions, causes of action, rights, judgments, fees and costs (including attorneys’ fees), obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “Claims”), including, without limitation, any Claims based upon contract, tort, or under any federal, state, local or foreign law, that the Xxxxxx Parties may have, or in the future may possess, arising out of any aspect of Xxxxxx’x employment relationship with and service as an employee, officer, director or agent of the Company, or the termination of such relationship or service, that occurred, existed or arose on or prior to the date hereof; provided, however, that Xxxxxx does not release, discharge or waive (i) any rights to payments and benefits provided under the Severance Agreement and Letter Agreement, (ii) any right Xxxxxx may have to enforce this Release or any of the Agreements, (iii) Xxxxxx’x eligibility for indemnification in accordance with the Company’s certificate of incorporation, bylaws or other corporate governance document, any applicable insurance policy or any contract or provision to which Xxxxxx is a party or as to which Xxxxxx otherwise is entitled to indemnification benefits, with respect to any liability he incurred or might incur as an employee, officer or director of the Company, or (iv) any claims for accrued, vested benefits under any employee benefit or pension plan of the Company Parties subject to the terms and conditions of such plan and applicable law including, without limitation, any such claims under COBRA or the Employee Retirement Income Security Act of 1974.

Xxxxxx’x Release of Company. In consideration of the payments and benefits provided to Xxxxxx under Paragraph 4 of the Letter Employment Agreement and after consultation with counsel, Xxxxxx on behalf of himself and each of his respective heirs, executors, administrators, representatives, agents, successors and assigns (collectively, the “Xxxxxx Parties”) hereby irrevocably and unconditionally release and forever discharge the Company and its subsidiaries and affiliates and each of their respective officers, employees, directors, shareholders and agents (“Company Parties”) from any and all claims, actions, causes of action, rights, judgments, fees and costs (including attorneys’ fees), obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “Claims”), including, without limitation, any Claims based upon contract, tort, or under any federal, state, local or foreign law, that the Xxxxxx Parties may have, or in the future may possess, arising out of any aspect of Xxxxxx’x employment relationship with and service as an employee, officer, director or agent of the Company, or the termination of such relationship or service, that occurred, existed or arose on or prior to the date hereof; provided, however, that Xxxxxx does not release, discharge or waive (i) any rights to payments and benefits provided under the Severance Employment Agreement and Letter Agreementthat are contingent upon the execution by Xxxxxx of this Release, (ii) any right Xxxxxx may have to enforce this Release or any of the AgreementsEmployment Agreement, (iii) Xxxxxx’x eligibility for indemnification in accordance with the Company’s certificate of incorporation, bylaws or other corporate governance document, or any applicable insurance policy or any contract or provision to which Xxxxxx is a party or as to which Xxxxxx otherwise is entitled to indemnification benefitspolicy, with respect to any liability he incurred or might incur as an employee, officer or director of the Company, including, without limitation, pursuant to Section 21 of the Employment Agreement, or (iv) any claims for accrued, vested benefits under any employee benefit or pension plan of the Company Parties subject to the terms and conditions of such plan and applicable law including, without limitation, any such claims under COBRA or the Employee Retirement Income Security Act of 1974.

Xxxxxx’x Release of Company. In consideration of the payments and benefits provided to Xxxxxx under Paragraph 4 of the Letter Agreement and after consultation with counsel, Xxxxxx on behalf of himself and each of his respective heirs, executors, administrators, representatives, agents, successors and assigns (collectively, the “Xxxxxx Parties”) hereby irrevocably and unconditionally release and forever discharge the Company and its subsidiaries and affiliates and each of their respective officers, employees, directors, shareholders and agents (“Company Parties”) from any and all claims, actions, causes of action, rights, judgments, fees and costs (including attorneys’ fees), obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “Claims”), including, without limitation, any Claims based upon contract, tort, or under any federal, state, local or foreign law, that the Xxxxxx Parties may have, or in the future may possess, arising out of any aspect of Xxxxxx’x employment relationship with and service as an employee, officer, director or agent of the Company, or the termination of such relationship or service, that occurred, existed or arose on or prior to the date hereof; provided, however, that Xxxxxx does not release, discharge or waive (i) any rights to payments and benefits provided under the Severance Agreement and Letter Agreement, (ii) any right Xxxxxx may have to enforce this Release or any of the AgreementsAgreement, (iii) Xxxxxx’x eligibility for indemnification in accordance with the Company’s certificate of incorporation, bylaws or other corporate governance document, any applicable insurance policy or any contract or provision to which Xxxxxx is a party or as to which Xxxxxx otherwise is entitled to indemnification benefits, with respect to any liability he incurred or might incur as an employee, officer or director of the Company, or (iv) any claims for accrued, vested benefits under any employee benefit or pension plan of the Company Parties subject to the terms and conditions of such plan and applicable law including, without limitation, any such claims under COBRA or the Employee Retirement Income Security Act of 1974, or (v) any rights under or in respect of that certain Agreement for Grant of Restricted Stock Units Under 2007 Performance Incentive Plan between Xxxxxx and the Company, dated as of July 14, 2009 (the “Letter”).

Xxxxxx’x Release of Company. In consideration of the payments and benefits provided to Xxxxxx under Paragraph 4 of the Letter Agreement and after consultation with counsel, Xxxxxx on behalf of himself and each of his respective heirs, executors, administrators, representatives, agents, successors and assigns (collectively, the “Xxxxxx Parties”) hereby irrevocably and unconditionally release and forever discharge the Company and its subsidiaries and affiliates and each of their respective officers, employees, directors, shareholders and agents (“Company Parties”) from any and all claims, actions, causes of action, rights, judgments, fees and costs (including attorneys’ fees), obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “Claims”), including, without limitation, any Claims based upon contract, tort, or under any federal, state, local or foreign law, that the Xxxxxx Parties may have, or in the future may possess, arising out of any aspect of Xxxxxx’x employment relationship with and service as an employee, officer, director or agent of the Company, or the termination of such relationship or service, that occurred, existed or arose on or prior to the date hereof; provided, however, that Xxxxxx does not release, discharge or waive (i) any rights to payments and benefits provided under the Severance Agreement and Letter Agreement, (ii) any right Xxxxxx may have to enforce this Release or any of the AgreementsAgreement, (iii) Xxxxxx’x eligibility for indemnification in accordance with the Company’s certificate of incorporation, bylaws or other corporate governance document, any applicable insurance policy or any contract or provision to which Xxxxxx is a party or as to which Xxxxxx otherwise is entitled to indemnification benefits, with respect to any liability he incurred or might incur as an employee, officer or director of the Company, or (iv) any claims for accrued, vested benefits under any employee benefit or pension plan of the Company Parties subject to the terms and conditions of such plan and applicable law including, without limitation, any such claims under COBRA or the Employee Retirement Income Security Act of 1974, (v) any rights under or in respect of (A) that certain Severance Agreement between Xxxxxx and the Company, dated as of July 14, 2009, (B) the agreement dated as of July 14, 2009 related to the grant of restricted stock units, (C) the agreement dated as of March 28, 2011 related to the grant of stock options or (D) any written agreements that may be executed by the parties after March 28, 2011 (as each may have been amended in writing, collectively, the “Applicable Agreements”).

Xxxxxx’x Release of Company. In consideration of the payments and benefits provided to Xxxxxx under Paragraph 4 of the Letter Agreement Agreements and after consultation with counsel, Xxxxxx on behalf of himself and each of his respective heirs, executors, administrators, representatives, agents, successors and assigns (collectively, the “Xxxxxx Parties”) hereby irrevocably and unconditionally release and forever discharge the Company and its subsidiaries and affiliates and each of their respective officers, employees, directors, shareholders and agents (“Company Parties”) from any and all claims, actions, causes of action, rights, judgments, fees and costs (including attorneys’ fees), obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “Claims”), including, without limitation, any Claims based upon contract, tort, or under any federal, state, local or foreign law, that the Xxxxxx Parties may have, or in the future may possess, arising out of any aspect of Xxxxxx’x employment relationship with and service as an employee, officer, director or agent of the Company, or the termination of such relationship or service, that occurred, existed or arose on or prior to the date hereof; provided, however, that Xxxxxx does not release, discharge or waive (i) any rights to payments and benefits provided under the Severance Agreement and Letter Agreement, (ii) any right Xxxxxx may have to enforce this Release or any of the Agreements, (iii) Xxxxxx’x eligibility for indemnification in accordance with the Company’s certificate of incorporation, bylaws or other corporate governance document, any applicable insurance policy or any contract or provision to which Xxxxxx is a party or as to which Xxxxxx otherwise is entitled to indemnification benefits, with respect to any liability he incurred or might incur as an employee, officer or director of the Company, or (iv) any claims for accrued, vested benefits under any employee benefit or pension plan of the Company Parties subject to the terms and conditions of such plan and applicable law including, without limitation, any such claims under COBRA or the Employee Retirement Income Security Act of 1974.

Xxxxxx’x Release of Company. In consideration of the payments and benefits provided to Xxxxxx under Paragraph 4 of the Letter Employment Agreement and after consultation with counsel, Xxxxxx on behalf of himself and each of his respective heirs, executors, administrators, representatives, agents, successors and assigns (collectively, the “Xxxxxx Parties”) hereby irrevocably and unconditionally release and forever discharge the Company and its subsidiaries and affiliates and each of their respective officers, employees, directors, shareholders and agents (“Company Parties”) from any and all claims, actions, causes of action, rights, judgments, fees and costs (including attorneys’ fees), obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “Claims”), including, without limitation, any Claims based upon contract, tort, or under any federal, state, local or foreign law, that the Xxxxxx Parties may have, or in the future may possess, arising out of any aspect of Xxxxxx’x employment relationship with and service as an employee, officer, director or agent of the Company, or the termination of such relationship or service, that occurred, existed or arose on or prior to the date hereof; provided, however, that Xxxxxx does not release, discharge or waive (i) any rights to payments and benefits provided under the Severance Employment Agreement and Letter Agreementthat are contingent upon the execution by Xxxxxx of this Release, (ii) any right Xxxxxx may have to enforce this Release or any of the AgreementsEmployment Agreement, (iii) Xxxxxx’x eligibility for indemnification in accordance with the Company’s certificate of incorporation, bylaws or other corporate governance document, or any applicable insurance policy or any contract or provision to which Xxxxxx is a party or as to which Xxxxxx otherwise is entitled to indemnification benefitspolicy, with respect to any liability he incurred or might incur as an employee, officer or director of the Company, including, without limitation, pursuant to Section 22 of the Employment Agreement, or (iv) any claims for accrued, vested benefits under any employee benefit or pension plan of the Company Parties subject to the terms and conditions of such plan and applicable law including, without limitation, any such claims under COBRA or the Employee Retirement Income Security Act of 1974.

Xxxxxx’x Release of Company. In consideration of the payments and benefits provided to Xxxxxx under Paragraph 4 of the Letter Agreement and after consultation with counsel, Xxxxxx on behalf of himself and each of his respective heirs, executors, administrators, representatives, agents, successors and assigns (collectively, the “Xxxxxx Parties”) hereby irrevocably and unconditionally release and forever discharge the Company and its subsidiaries and affiliates and each of their respective officers, employees, directors, shareholders and agents (“Company Parties”) from any and all claims, actions, causes of action, rights, judgments, fees and costs (including attorneys’ fees), obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “Claims”), including, without limitation, any Claims based upon contract, tort, or under any federal, state, local or foreign law, that the Xxxxxx Parties may have, or in the future may possess, arising out of any aspect of Xxxxxx’x employment relationship with and service as an employee, officer, director or agent of the Company, or the termination of such relationship or service, that occurred, existed or arose on or prior to the date hereof; provided, however, that Xxxxxx does not release, discharge or waive (i) any rights to payments and benefits provided under the Severance Agreement and Letter Agreement, (ii) any right Xxxxxx may have to enforce this Release or any of the AgreementsAgreement, (iii) Xxxxxx’x eligibility for indemnification in accordance with the Company’s certificate of incorporation, bylaws or other corporate governance document, any applicable insurance policy or any contract or provision to which Xxxxxx is a party or as to which Xxxxxx otherwise is entitled to indemnification benefits, with respect to any liability he incurred or might incur as an employee, officer or director of the Company, or (iv) any claims for accrued, vested benefits under any employee benefit or pension plan of the Company Parties subject to the terms and conditions of such plan and applicable law including, without limitation, any such claims under COBRA or the Employee Retirement Income Security Act of 1974, or (v) any rights under or in respect of that certain Severance Agreement between Xxxxxx and the Company, dated as of July 14, 2009 (the “Severance Agreement”).