Common use of Your Release of Claims Clause in Contracts

Your Release of Claims. In exchange for the consideration under this Agreement to which you would not otherwise be entitled, including but not limited to the Severance Amount, payment of health insurance continuation premiums, outplacement assistance, and accelerated stock option vesting, you hereby generally and completely release, acquit and forever discharge the Company and its parent or subsidiary entities, successors, predecessors and affiliates, and its and their directors, officers, employees, shareholders, agents, attorneys, insurers, affiliates and assigns, from any and all claims, liabilities and obligations, both known and unknown, that arise from or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (a) all claims arising out of or in any way related to your employment with the Company or the termination of that employment; (b) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance payments, fringe benefits, stock, stock options, or any other ownership or equity interests in the Company; (c) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (d) all tort claims, including but not limited to claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e) all federal, state, and local statutory claims, including but not limited to claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990 (as amended), the federal Age Discrimination in Employment Act of 1967 (as amended) (the “ADEA”), the California Labor Code, and the California Fair Employment and Housing Act. Notwithstanding the foregoing, you are not hereby releasing the Company from any obligation it may otherwise have to indemnify you for your acts within the course and scope of your employment with the Company, pursuant to the articles and bylaws of the Company, any fully executed written agreement with the Company, or applicable law. Additionally, the company hereby agrees to indemnify you to the fullest extent permitted by California law with regard to any claims or actions that may be brought against you by third parties for actions in the course and scope of your employment. You represent that you have no lawsuits, claims or actions pending in your name, or on behalf of any other person or entity, against the Company or any other person or entity subject to the release granted in this paragraph. In addition, you covenant not to sxx, initiate, or continue any legal or administrative proceeding with regard to any or all claims you have released herein.

Your Release of Claims. In exchange for the payments and other consideration under this Agreement to which you would not otherwise be entitled, including but not limited to the Severance Amount, payment of health insurance continuation premiums, outplacement assistance, and accelerated stock option vesting, you hereby generally and completely release, acquit and forever discharge release the Company and its parent or subsidiary entities, successors, predecessors current and affiliates, and its and their former directors, officers, employees, shareholdersstockholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates affiliates, and assigns, assigns from any and all claims, liabilities and obligations, both known and unknown, that arise from out of or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (a) all claims arising out of or in any way related to your employment with the Company or the termination of that employment; (b) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance paymentspay, fringe benefits, stock, stock options, or any other ownership or equity interests in the Company; (c) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (d) all tort claims, including but not limited to claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e) all federal, state, and local statutory claims, including but not limited to claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990 (as amended)1990, the federal Age Discrimination in Employment Act of 1967 1967, as amended (as amended) (the “ADEA”), the California Labor Code, Equal Pay Act; the Americans With Disabilities Act; the Family Medical Leave Act; and the California Fair Employment and Housing ActAct (as amended). Notwithstanding the foregoing, you are not hereby releasing the Company from any obligation it may otherwise have to indemnify you for your acts within the course and scope of your employment with the Company, pursuant to the articles and bylaws of the Company, any fully executed written agreement with the Company, or applicable law. Additionally, the company hereby agrees to indemnify you to the fullest extent permitted by California law with regard to Also excluded from this Agreement are any claims or actions that may which cannot be brought against waived by law. As of the date of its execution of this Agreement, you by third parties for actions in the course and scope of your employment. You represent that you have no lawsuits, claims or actions pending in your name, or on behalf actual knowledge of any other person facts that would give rise to a claim or entity, against the Company or cause of action excluded from this release of claims. You agree that you are waiving your right to any other person monetary recovery should any governmental agency or entity subject to the release granted in this paragraphpursue any claims on your behalf. In addition, you covenant not to sxx, initiate, or continue any legal or administrative proceeding with regard to any or all claims You also acknowledge that you have released hereinreceived all leaves of absence and leave benefits and protections for which you are eligible, and have not suffered any on-the-job injury for which you have not already filed a claim.

Your Release of Claims. In exchange for the Company’s release of claims against you, as set forth in this Paragraph 6, and other consideration under this Agreement to which you would are not otherwise be entitled, including but not limited entitled to the Severance Amount, payment of health insurance continuation premiums, outplacement assistance, and accelerated stock option vestingreceive, you hereby generally and completely release, acquit and forever discharge release the Company and its parent or subsidiary entities, successors, predecessors current and affiliates, and its and their former directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, and subsidiary entities, insurers, affiliates affiliates, and assignsassigns (collectively, the “Released Parties”) of and from any and all claims, liabilities and obligations, both known and unknown, that arise from out of or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date you sign your signing this Agreement. This general release includes, but is not limited to: (a1) all claims arising out of or in any way related to your employment with the Company Company, or the termination of that employment; (b2) all claims arising out of or in any way related any agreements between you and the Company, including without limitation the COC Agreement and the Employment Agreement; (3) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance paymentspay, fringe benefits, stock, stock options, or any other ownership or equity interests in the Company; (c4) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (d5) all tort claims, including but not limited to claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e6) all federal, state, and local statutory claims, including but not limited to claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990 1990, the California Fair Employment and Housing Act (as amended), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the California Labor Code, the California Business & Professions Code, the Equal Pay Act of 1963, the Americans With Disabilities Act, the Family and Medical Leave Act, the California Family Rights Act, and the Civil Rights Act of 1991. Notwithstanding the foregoing, you are not releasing any claim that cannot be waived under applicable state or federal law. You are not releasing any rights that you have to be indemnified (including any right to reimbursement of expenses) arising under applicable law (including California Labor Code Section 2802), the certificate of incorporation or by-laws (or similar constituent documents of the Company), any fully executed indemnification agreement between you and the Company in effect as of the Resignation Date, or any directors’ and officers’ liability insurance policy of the Company; and you are not releasing any claims arising under the federal Age Discrimination in Employment Act of 1967 (as amended) (). Nothing in this Agreement shall prevent you from filing, cooperating with, or participating in any proceeding before the “ADEA”)Equal Employment Opportunity Commission, the Department of Labor, the California Labor Code, and the California Department of Fair Employment and Housing Act. Notwithstanding the foregoingHousing, you are not hereby releasing the Company from any obligation it may otherwise have to indemnify you for your acts within the course and scope of your employment with the Company, pursuant to the articles and bylaws of the Company, any fully executed written agreement with the Company, or applicable law. Additionally, the company hereby agrees to indemnify you to the fullest extent permitted by California law with regard to any claims or actions that may be brought against you by third parties for actions in the course and scope of your employment. You represent that you have no lawsuits, claims or actions pending in your name, or on behalf of any other person or entity, against the Company or any other person government agency, except that you acknowledge and agree that you shall not recover any monetary benefits in connection with any such claim, charge or entity subject to the release granted in this paragraph. In addition, you covenant not to sxx, initiate, or continue any legal or administrative proceeding with regard to any or all claims you have claim released herein. Nothing in this Agreement shall prevent you from challenging the validity of the release in a legal or administrative proceeding.

Your Release of Claims. In exchange for the payments and other consideration under this Agreement to which you would not otherwise be entitled, including but not limited to the Severance Amount, payment of health insurance continuation premiums, outplacement assistance, and accelerated stock option vesting, you hereby generally and completely release, acquit and forever discharge release the Company and its parent or subsidiary entities, successors, predecessors current and affiliates, and its and their former directors, officers, employees, shareholdersstockholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates affiliates, and assigns, assigns from any and all claims, liabilities and obligations, both known and unknown, that arise from out of or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (a) all claims arising out of or in any way related to your employment with the Company or the termination of that employment; (b) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance paymentspay, fringe benefits, stock, stock options, or any other ownership or equity interests in the Company; (c) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (d) all tort claims, including but not limited to claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e) all federal, state, and local statutory claims, including but not limited to claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990 (as amended)1990, the federal Age Discrimination in Employment Act of 1967 1967, as amended (as amended) (the “ADEA”), the California Labor Code, and Equal Pay Act; the Americans With Disabilities Act; the Family Medical Leave Act; the California Fair Employment and Housing ActAct (as amended); and the New Jersey Law Against Discrimination (as amended). Notwithstanding the foregoing, you are not hereby releasing the Company from any obligation it may otherwise have to indemnify you for your acts within the course and scope of your employment with the Company, pursuant to the articles and bylaws of the Company, any fully executed written agreement with the Company, or applicable law. Additionally, the company hereby agrees to indemnify you to the fullest extent permitted by California law with regard to Also excluded from this Agreement are any claims or actions that may which cannot be brought against waived by law. As of the date of its execution of this Agreement, you by third parties for actions in the course and scope of your employment. You represent that you have no lawsuits, claims or actions pending in your name, or on behalf actual knowledge of any other person facts that would give rise to a claim or entity, against the Company or cause of action excluded from this release of claims. You agree that you are waiving your right to any other person monetary recovery should any governmental agency or entity subject to the release granted in this paragraphpursue any claims on your behalf. In addition, you covenant not to sxx, initiate, or continue any legal or administrative proceeding with regard to any or all claims You also acknowledge that you have released hereinreceived all leaves of absence and leave benefits and protections for which you are eligible, and have not suffered any on-the-job injury for which you have not already filed a claim.

Your Release of Claims. In exchange for the consideration under this Agreement to which you would not otherwise be entitled, including but not limited to the Severance Amount, payment of health insurance continuation premiums, outplacement assistance, and accelerated stock option vesting, you hereby generally and completely release, acquit and forever discharge release the Company and its parent or subsidiary entities, successors, predecessors and affiliates, and its and their directors, officers, employees, shareholdersstockholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates affiliates, and assigns, assigns from any and all claims, liabilities and obligations, both known and unknown, that arise from out of or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (a) all claims arising out of or in any way related to your employment with the Company or the termination separation of that employment; (b) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance paymentspay, fringe benefits, stock, stock options, or any other ownership or equity interests in the Company; (c) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (d) all tort claims, including but not limited to claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e) all federal, state, and local statutory claims, including but not limited to claims arising under the California Labor Code, as amended, the California Fair Employment and Housing Act (as amended), and claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990 (as amended)1990, the federal Age Discrimination in Employment Act of 1967 1967, as amended (as amended) (the “ADEA”), the California Labor Code, and the California Fair Employment and Housing Actrelated state laws. Notwithstanding the foregoing, you the following are not hereby releasing included in the Company from release (the “Excluded Claims”): (i) any obligation it rights or claims for indemnification and/or contribution, advancement or payment of related expenses you may otherwise have to indemnify you for your acts within the course and scope of your employment with the Company, pursuant to the articles and bylaws of the Company, ’s Bylaws any fully executed written indemnification or other agreement with the CompanyCompany to which you are a party, or under applicable law; (ii) any rights which are not waivable as a matter of law; and (iii) any claims for breach of this Agreement; (iv) any rights to any vested benefits under any stock, compensation or other employee benefit plan or agreement with the Company to the extent applicable following your separation; (v) any rights to any insurance coverage under any directors and officers liability insurance or other insurance policies of the Company as in effect on the date and applicable following your separations, or under COBRA or any similar state law; In addition, nothing in this Agreement prevents you from filing, cooperating with, or participating in any proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, or any other government agency, except that you acknowledge and agree that you hereby waive your right to any monetary benefits in connection with any such claim, charge or proceeding. Additionally, while this Agreement does not limit your right to receive an award for information provided to the company hereby agrees to indemnify Securities and Exchange Commission, you are otherwise waiving, to the fullest extent permitted by California law with regard law, any and all rights you may have to individual relief based on any claims or actions that may be brought against you by third parties for actions in the course and scope of your employment. You represent that you have no lawsuits, claims or actions pending in your name, or on behalf of released and any other person or entity, against the Company or any other person or entity subject to the release granted in this paragraph. In addition, you covenant not to sxx, initiate, or continue any legal or administrative proceeding with regard to any or all claims rights you have released hereinwaived by signing this Agreement.