Xxxxxxxx Release. For and in consideration of the mutual covenants and obligations herein contained, Xxxxxxxx and all of his representatives, agents, successors, assigns, heirs, executors, administrators, consultants, attorneys, and personal representatives (“Xxxxxxxx Representatives”) hereby release, acquit, and discharge (the “Release”) the Company (including its affiliates) and all of its and their respective officers, directors, partners, members, shareholders, employees, consultants, attorneys, representatives, agents, predecessors, successors and assigns (“Company Representatives”) of and from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, specialties, bonds, bills, covenants, contracts, agreements, promises, damages, judgments, debts, dues, obligations, liabilities, controversies, costs, expenses, attorneys’ fees, executions, claims, rights and demands whatsoever, whether known or unknown, asserted or unasserted, actual or potential, individual or joint, direct or indirect, fixed or contingent, in law, admiralty or equity, of every kind and nature whatsoever, which Xxxxxxxx and the Xxxxxxxx Representatives ever had, now have, or hereafter can, shall, or may have, or claim to have, against the Company and the Company Representatives, for, upon, or by reason of any matter, cause of action, or thing, whatsoever from the beginning of the world to the date hereof, other than the obligations of the Company described in this Agreement, and other than any payments or benefits to which Xxxxxxxx is entitled under and in accordance with the provisions of any Company employee benefit plan in which he participates or has participated (collectively, the “Xxxxxxxx Released Claims”). The Xxxxxxxx Released Claims include, without limitation, any claims for breach of express or implied contract, breach of implied misrepresentation, negligence, negligent misrepresentation, breach of fiduciary duty, actual or constructive fraud, including, without limitation, common law fraud or fraud or manipulation asserted under any statutory theory under any federal or state law and including, without limitation, under any theory of primary, secondary or control person liability, estoppel, defamation, conspiracy, business or economic interference, violation of any federal or state securities law, rule or administrative regulation, violation of public policy and including for attorneys’ or other professional fees; and without limitation, any claims ari...
Xxxxxxxx Release. In consideration of the promises made by Pegasystems in this Agreement, Xxxxxxx hereby fully and finally releases and forever discharges Pegasystems and all of its past and present directors, shareholders, officers, employees, agents, successors and assigns, and all others connected with any of them, both individually and in their official capacities from any and all claims, causes of action, or liabilities of any type arising out of Xxxxxxx'x employment with Pegasystems, whether known or unknown, asserted or unasserted, including but not limited to claims that have been or could have been asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Older Worker Benefit Protection Act of 1990, the Civil Rights Act of 1991, the Family and Medical Leave Act of 1993, the Employee Retirement Income Security Act, the Equal Pay Act, the Fair Labor Standards Act, The Civil Rights Act of 1871, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Massachusetts Fair Employment Practice Act, the Massachusetts Equal Rights Act, the Massachusetts Civil Rights Act, or any other state, federal, or municipal employment discrimination statute (including but not limited to claims based on age, sex, attainment of benefit plan rights, race, religion, handicap, retaliation, and veteran status), or any other federal state, or local statute, law, ordinance, regulation or pursuant to any other theory whatsoever, including but not limited to claims related to implied or express employment contracts, defamation, public policy, tort law, common law theories, or pursuant to any other theory or claim whatsoever, arising out of or related to his employment with Pegasystems or any other occurrence from the beginning of time to the date of this Agreement, whether presently asserted or otherwise, and it is expressly understood that this Agreement is a general release, except however, that this shall not release Pegasystems from performance of its duties under this Agreement.
Xxxxxxxx Release. In consideration of the promises, covenants and other valuable consideration provided by Radiologix in this Agreement, and to fully compromise and settle any and all claims and causes of action of any kind whatsoever except as provided in this Agreement, Xxxxxxx hereby unconditionally releases and discharges Radiologix and its current and former employees, officers, agents, directors, shareholders and affiliates and Radiologix’s contracted radiology practices and their respective current and former employees, officers, agents, directors, shareholders and affiliates (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 Xxxxxxx has as of the date of this Agreement, including, but not limited to, those arising (i) out of Xxxxxxx’x hiring, employment, termination of employment with Radiologix or the Employment Agreement and (ii) under 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, 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 Act, the Americans with Disabilities Act of 1990, the Texas Labor Code, the Texas Commission on Human Rights Act, the Texas Payday Act, Chapter 38 of the Texas Civil Practices and Remedies Code, and any provision of the state or federal Constitutions or Texas common law. This release includes, but is not limited to, any claims Xxxxxxx may have for salary, wages, severance pay, vacation pay, sick pay, bonuses, benefits, pension, stock options, overtime, and any other compensation or benefit of any nature. This Release also includes, but is not limited to, all common law claims such as claims for wrongful discharge, breach of express or implied contract, implied covenant of good faith and fair dealing, intentional infliction of emotional distress, defamation, conspiracy, invasion of privacy, or tortious interference with current or prospective business relationships. Furthermore, Xxxxxxx agrees and relinquishes any right to re-...
Xxxxxxxx Release. It is understood and agreed by and between each of the parties to this Agreement that in consideration for Interactive's promise to pay to Xxxxxxxx the sums and benefits set forth in Paragraph 3 of this Agreement, and Interactive's release of Xxxxxxxx contained in Section 2.2 of this Agreement, and the other promises contained herein and other good and valuable consideration the receipt of which is hereby acknowledged, Xxxxxxxx completely releases and forever discharges Interactive and any present or former officers, agents, employees, subsidiaries, affiliated companies, parent companies, successors and assigns of Interactive from all causes of action, claims, judgments, obligations, damages, or liabilities of whatever kind and character, including, but not limited to, those arising under the Fair Labor Standards Act; the Employee Retirement Income Security Act of 1974; Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967; the Equal Pay Act of 1963; the Consolidated Omnibus Budget Reconciliation Act of 1985; or any other federal, state, or local insurance, human rights, civil rights, wage-hour, pension, or labor laws, rules and/or regulations, public policy, contract or tort laws, or any claim of retaliation under such laws, or any claim arising under common law, including but not limited to, causes of action for wrongful termination; tortious wrongful termination in violation of public policy; discrimination or harassment on the basis of age, sex, race, or national origin; intentional infliction of emotional distress; negligent infliction of emotional distress; fraudulent misrepresentation; negligent misrepresentation; fraud; conspiracy to commit any act mentioned herein; breach of contract (whether express or implied, oral or written); breach of the implied covenant of good faith and fair dealing; interference with business advantage; defamation; interference with prospective economic advantage; interference with contractual relationship; violation of any national, state or local statute, law, or ordinance; or any other action whether cognizable in law or in equity, and agrees that he will not, from any source or proceeding, seek or accept any award or settlement therefrom. The provisions of this Section 2.1 shall not apply to any obligations of Interactive pursuant to this Agreement.
Xxxxxxxx Release. Xxxxxxxx hereby voluntarily and irrevocably releases and forever discharges the Company and its subsidiaries (including their successors and assigns) and each of their current and former officers, directors, shareholders, employees, consultants, representatives and agents (hereinafter the "Company Releasees") from any and all charges, complaints, claims, promises, agreements, actions, obligations, causes of action, damages, and debts (including attorneys' fees and costs actually incurred), known or unknown, which Xxxxxxxx has, had, or hereinafter may have, directly or indirectly, from the beginning of the world to the day of the date of this Severance Agreement, including, without limitation, all claims related to or arising out of any conduct pertaining to the most recent proxy contest, consent solicitation and/or annual meeting of the Company, all claims related to or arising out of her employment with or services performed for the Company, all claims for breach of contract, all claims arising out of or relative to Xxxxxxxx'x employment with the Company and the termination thereof and any claims Xxxxxxxx may have under the Employment Agreement, all claims for breach of an implied covenant of good faith and fair dealing, all claims for intentional or negligent misrepresentation, all claims relating to any acts or omissions by the Company Releasees, and all claims for unlawful discrimination under the common law or any statute (including, without limitation, Title VII of the Civil Rights Act of 1964, 42 U.S.C. ss.2000e, et seq., the Age Discrimination in Employment Act of 1967, 29 U.S.C.ss.621, et seq., the Employee Retirement Income Security Act, 29 U.S.C.ss.1001, et seq, and the Americans with Disabilities Act of 1990, 42 U.S.C.ss.12101, et seq.) Notwithstanding the foregoing, this release shall not release or limit Xxxxxxxx'x rights to indemnification under the terms of the By-Laws of the Company and under the Indemnification Agreement between Xxxxxxxx and the Company dated as of December 10, 1998, as in effect on the date hereof, or to enforce this Severance Agreement or bring claims for breach thereof.
Xxxxxxxx Release. (a) I, Xxxxxxx Xxxxxxxx, in consideration for the acceleration of vesting of RSUs described in the agreement between IHS Inc. (the "Company") and me dated the date hereof (the "Agreement"), for myself and my heirs, executors, administrators and assigns, do hereby knowingly and voluntarily release and forever discharge the Company and its respective predecessors, successors and affiliates and current and former directors, officers and employees from any and all claims, actions and causes of action, including, but not limited to, those relating to or arising from my employment or separation of employment with the Company, including, but not limited to, under those federal, state and local laws and those applicable laws of any other jurisdiction prohibiting employment discrimination based on age, sex, race, color, national origin, religion, disability, veteran or marital status, sexual orientation or any other protected trait or characteristic, or retaliation for engaging in any protected activity, including without limitation, the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq., as amended by the Older Workers Benefit Protection Act, P.L. 101-433, the Equal Pay Act of 1963, 9 U.S.C. § 206, et seq., Title VII of The Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., the Civil Rights Act of 1866, 42 U.S.C. § 1981, the Civil Rights Act of 1991, 42 U.S.C. § 1981a, the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq., the Family and Medical Leave Act of 1993, 28 U.S.C. §§ 2601 and 2611 et seq., whether KNOWN OR UNKNOWN, fixed or contingent, which I ever had, now have, or may have, or which my heirs, executors, administrators or assigns hereafter can, will or may have from the beginning of time through the date on which I sign this Full and Complete Release (this "Release") (collectively the "Released Claims"). PROVIDED, HOWEVER, that notwithstanding the foregoing or anything else contained in this Agreement, the Release set forth in this Section shall not extend to: (i) any vested rights under any pension, retirement, profit sharing or similar plan; or (ii) my rights to indemnification and/or defense under any Company certificate of incorporation, bylaws and/or policy or procedure, under any insurance contract, or under Section 11 of the Employment Agreement dated November 1, 2004, as amended, in connection with any acts and omissions within the course and scop...
Xxxxxxxx Release. 7 1.65. Interpretation; Application of Definitions and Rules of Construction.. 7
Xxxxxxxx Release. Buyer must obtain a Release in the form of Exhibit 6.15 executed by Xxxxx Xxxxxxxx ("Xxxxxxxx") indicating Xxxxxxxx shall release the Acquired Companies from any and all claims, liabilities and obligations whatsoever ("Xxxxxxxx Release").
Xxxxxxxx Release. Effective upon the Closing, Xxxxxxxx, on behalf of itself and its affiliates, and its and their respective shareholders, members, managers, directors, officers, employees, attorneys, agents, administrators, trustees, heirs, successors and assigns, hereby releases each Seller and their respective affiliates, and its and their respective shareholders, members, managers, directors, officers, employees, attorneys, agents, administrators, trustees, heirs, successors and assigns, from all claims, demands, damages, obligations and liabilities, of any kind or nature whatsoever, whether known or unknown, whether suspected or not, which have arisen or may arise with respect to the purchase and sale of the Purchased Shares, that it may have against any such person, including, without limitation, any claim under the Rights Agreement. Notwithstanding the foregoing, nothing in this Section 6.6 shall have the effect of releasing any claims, demands, damages, obligations or liabilities arising under this Agreement. For the avoidance of doubt and notwithstanding anything to the contrary, except to the extent set forth in Article 4, Section 6.1, Section 6.4, this Section 6.6 and Article 7, nothing in this Agreement shall create, imply or evidence any obligation or liability on the part of Xxxxxxxx in respect of the Purchased Shares or otherwise.
Xxxxxxxx Release. Except as otherwise expressly provided in this Settlement Agreement and except for claims that bear no relationship to any matter related to Commerce, its subsidiaries and their respective employees in their capacity as such, Wxxxxxx, on behalf of himself and his successors and assigns (collectively, his “Related Parties”), hereby fully, finally and forever relieves, releases and discharges Commerce and each of its Related Parties, from any and all Claims that Wxxxxxx, has had, or may have against Commerce and its Related Parties based upon any events, actions or omissions from the beginning of time through and including the date hereof; provided, however, that nothing herein shall affect Wxxxxxx’x rights and obligations under the Wxxxxxx Settlement Agreement with respect to events, actions or omissions following the date hereof.
