Common use of Your Release of Claims Clause in Contracts

Your Release of Claims. On behalf of yourself and your successors, assigns, agents, heirs and descendants, you hereby acquit, release and forever discharge Cerner and its affiliates and subsidiaries, and all of their successors, assigns, officers, directors, agents, servants, employees, shareholders, fiduciaries, attorneys and representatives, whether past or present for all of the foregoing (collectively, the “Cerner Released Parties”) from any and all manner of claims, debts, damages, injuries, judgments, awards, executions, demands, liabilities, obligations, suits, actions and causes of action, whether known or unknown, fixed or contingent, accrued or to accrue, direct or indirect, and whether at law or in equity, which you may have against the Cerner Released Parties, including, but not limited to, those arising out of or by reason of your employment by Cerner, or with respect to your departure from employment with Cerner and/or its subsidiaries, or with respect to claims for expenses, salary, incentive payments or equity grants against Cerner. Without in any way limiting the generality of the foregoing, you acknowledge and agree that you are hereby releasing and discharging Cerner and all other Cerner Released Parties from any and all manner of claims, debts, damages, injuries, judgments, awards, executions, demands, liabilities, obligations, suits, actions and causes of action that may be asserted under any local, state, federal, statutory or common law relating to discrimination in employment including, without limitation, discrimination relating to race, ethnicity, religion, sex, pregnancy, disability, equal pay, age, veteran status, national origin, creed, color, and retaliation, and including claims under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Equal Pay Act, the Age Discrimination in Employment Act, Family and Medical Leave Act, 42 U.S.C. Sections 1981, 1983 and 1985, the Employee Retirement Income Security Act (“ERISA”), Workmen’s Compensation laws, Consolidated Omnibus Budget Reconciliation Act, the Worker Adjustment and Retraining Notification Act, Executive Order 11246, the Rehabilitation Act, veterans’ laws, all federal, state and local laws related to libel, slander, defamation, invasion of privacy, breach of contract, outrageous conduct, intentional or negligent infliction of emotional distress, respondent superior, negligent hiring or retention, and all other laws and ordinances which are meant to protect workers in their employment relationships and under which you might have rights and claims.

Your Release of Claims. On behalf In consideration of yourself the Separation Benefits, and other good and valuable consideration set forth in this Agreement to which you agree you would not be entitled without executing this Agreement, except as related to the terms of or a breach of this Agreement, you and your successorsheirs, assignsadministrators, executors, attorneys, successors and assigns (the "Employee Release Parties") hereby forever release and discharge the Company and TriNet Group, Inc. (and each of their parents, subsidiaries, related entities, and affiliates), and each of their respective present and former members, partners, directors, officers, shareholders, investors, employees, fiduciaries, administrators, agents, heirs attorneys, insurers, successors and descendantsassigns (the "Company Released Parties"), you hereby acquit, release and forever discharge Cerner and its affiliates and subsidiaries, from any and all from any and all agreements, accounts, bonds, causes of their successorsaction, assignscontracts, officerscontroversies, directorscovenants, agentsclaims, servantsdebts, employeesdemands, shareholdersdues, fiduciariesjudgments, attorneys obligations, promises and representativessuits, whether past whatsoever, in law or present for all of the foregoing equity (each a “Claim” and collectively, the “Cerner Claims”), which the Employee Release Parties ever had, now have or may hereafter claim to have against the Company Released Parties”) from , including in their personal or corporate capacity, arising out of or by reason of any and all manner of claimscause, debts, damages, injuries, judgments, awards, executions, demands, liabilities, obligations, suits, actions and causes of actionmatter or thing whatsoever, whether known or unknown, fixed or contingent, accrued or to accrue, direct or indirect, and whether at law or in equity, which you may have against from the Cerner Released Parties, beginning of time up through the Effective Date including, but not limited to, those arising out of or by reason of relating to your employment by Cernerthe Company, and your separation therefrom, your employee benefits, and all matters arising under any federal, state or with respect to your departure from employment with Cerner and/or its subsidiarieslocal statute, rule or with respect to claims for expensesregulation or principle of contract law or common law; provided, salaryhowever, incentive payments or equity grants against Cerner. Without that notwithstanding the foregoing, nothing contained in this Section shall in any way diminish or impair or waive any claims or rights the Employee Release Parties may have to (i) your vested employee benefits under the Company’s health, welfare or 401(k) plans, (ii) benefits and/or the right to seek benefits under applicable workers’ compensation and/or unemployment compensation statutes, (iii) pursue claims which cannot be waived by this Agreement such as unemployment benefits, workers’ compensation and disability benefits, (iv) enforce this Agreement, (v) challenge the validity of this Agreement and/or (vi) indemnification as an officer, director, or employee of the Company as provided under the Company’s organizational documents, the Indemnification Agreement (as defined below), and any insurance policies providing for such indemnification. Without limiting the generality of the foregoingforegoing general release, you acknowledge and agree that you are hereby releasing and discharging Cerner and all other Cerner Released Parties from any and all manner of claimssuch release includes, debtsbut is not limited to, damages, injuries, judgments, awards, executions, demands, liabilities, obligations, suits, actions and causes of action that may be asserted under any local, state, federal, statutory or common law relating to discrimination in employment including, without limitation, discrimination relating to race, ethnicity, religion, sex, pregnancy, disability, equal pay, age, veteran status, national origin, creed, color, and retaliation, and including claims Claims arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Equal Pay Act42 U.S.C. § 2000 et seq., the Age Discrimination in Employment ActAct of 1967, Family and Medical Leave Act29 U.S.C. § 621 et seq., the Americans with Disabilities Act of 1990, 42 U.S.C. Sections 1981, 1983 and 1985§ 12101 et seq., the Employee Retirement Income Security Act (“ERISA”)of 1974, Workmen’s Compensation laws29 U.S.C. § 1001 et seq., the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., and any applicable state and local laws and regulations, all as amended; provided, however, that this paragraph 4 shall not constitute a release of any Claims that arise from a breach of this Agreement and nothing contained herein shall prevent the Employee Released Parties from enforcing their rights to vested benefits pursuant to the Consolidated Omnibus Budget Reconciliation ActAct (“COBRA”) or similar laws. You acknowledge and agree that, but for providing this waiver and release (and the Worker Adjustment Supplemental Release), you would not be receiving the economic benefits being provided to you under the terms of this Agreement. It is the Company’s desire and Retraining Notification Actintent to make certain that you fully understand the provisions and effects of this Agreement and the release it contains. To that end, Executive Order 11246you have been encouraged and given the opportunity to consult with legal counsel for the purpose of reviewing the terms of this Agreement. Nothing in this Agreement prohibits or prevents you from filing a charge with or participating, the Rehabilitation Acttestifying, veterans’ lawsor assisting in any investigation, all hearing, whistleblowing proceeding or other proceeding before any federal, state and state, or local laws related to libelgovernment agency (e.g. EEOC, slanderNLRB, defamationSEC, invasion of privacyetc.) nor does anything in this Agreement preclude, breach of contractprohibit or otherwise limit, outrageous conductin any way, intentional or negligent infliction of emotional distress, respondent superior, negligent hiring or retention, and all other laws and ordinances which are meant to protect workers in their employment relationships and under which you might have your rights and claimsabilities to contact, communicate with, report matters to, or otherwise participate in any whistleblower program administered by such agencies. However, to the maximum extent permitted by law, you agree that if such an administrative claim is made (other than any whistleblower award), you shall not be entitled to recover any individual monetary relief or other individual remedies.