RELEASES OF CLAIMS. Effective on the date when Defendant fully funds the entire Gross Settlement Amount and funds all employer payroll taxes owed on the Wage Portion of the Individual Class Payments, Plaintiff, Class Members, and Class Counsel will release claims against all Released Parties as follows:
RELEASES OF CLAIMS. Effective on the date when Defendants fully fund the Gross Settlement Amount and all associated employer payroll taxes owed on the Wage Portion of the Individual Class Payments, the following releases of claims will take effect:
RELEASES OF CLAIMS. (a) The Company agrees that the consideration set forth in this Agreement represents settlement in full of all outstanding obligations owed by to it by the Stockholder and its current and former officers, directors, investors, attorneys, stockholders, managers, supervisors, agents, employees, administrators, affiliates, divisions, subsidiaries, predecessor and successor corporations and assigns (the “Stockholder Releasees”). The Company, on its own behalf, hereby fully and forever releases the Stockholder Releasees, from, and agrees not to xxx concerning, or in any manner to institute, prosecute or pursue, any claim, complaint, charge, duty, obligation or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that the Company may possess arising from any omissions, acts or facts that have occurred up until and including the date hereof including, without limitation:
(i) any and all claims relating to or arising from the Note (other than the obligations incurred by the parties under this Agreement);
(ii) any and all claims relating to or arising from the Company’s relationship with the Stockholder and the termination of that relationship;
(iii) any and all claims relating to, or arising from, the Stockholder’s right to purchase, or actual purchase of securities of the Company, including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law;
(iv) any and all claims under the law of any jurisdiction including, but not limited to claims based upon or relating to: discrimination; breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; invasion of privacy; or conversion;
(v) any and all claims for violation of the federal, or any state, constitution; and
(vi) any and all claims for attorneys’ fees and costs. The Company and the Stockholder agree that the release set forth in this section shall be and remain in effect in all respects as a complete general release as to the matters released. This release does not extend to any o...
RELEASES OF CLAIMS. The receipt of any benefits pursuant to Sections 3 and 4 is subject to and conditioned upon Executive signing, concurrent herewith, and not revoking release of claims in a form reasonably acceptable to the Company (and substantially in the form attached hereto as Exhibit A) and honoring all continuing covenants in this Agreement, the Employment Agreement (including without limitation the provisions of section 8 thereof) and the Inventions Agreement.
RELEASES OF CLAIMS. Effective on the date when XYZ fully funds the entire Gross Settlement Amount and funds all employer payroll taxes owed on the Wage Portion of the Individual Class Payments, Plaintiff, Class Members, and Class Counsel will release claims against all Released Parties as follows:
RELEASES OF CLAIMS. Effective on the date when Defendant fully funds the entire Gross Settlement Amount and funds all employer payroll taxes owed on the Wage Portion of the Individual Class Payments, Plaintiffs, Plaintiffs as agents and proxies of the State of California (including the LWDA), Class Members, and Class Counsel will release claims against all Released Parties as follows:
RELEASES OF CLAIMS. As a condition of the Employee's entitlement to any severance payment under Section 6(a) hereof, the Employee to execute and honor a release of claims in the form specified by the Company.
RELEASES OF CLAIMS. Effective on the date when Defendants fully fund the entire Gross Settlement Amount and fund all employer payroll taxes owed on the Wage Portion of the Individual Class Payments, Plaintiff, Class Members, and Class Counsel will release claims against all Released Parties as follows:
1. Plaintiff’s Release. Plaintiff and his former and present spouses, representatives, agents, attorneys, heirs, administrators, successors, and assigns generally release and discharge Released Parties from all claims, transactions, or occurrences of any nature arising from Plaintiff’s employment with Defendant whether known or unknown, which exist or may exist as of the Parties’ execution of this Agreement, including, but not limited to: (a) all claims that were, or reasonably could have been, alleged based on the facts contained in the Operative Complaint; and (b) all PAGA claims that were, or reasonably could have been, alleged based on facts contained in the PAGA Notice (“Plaintiff’s Release”). Plaintiff’s Release does not extend to any claims or actions to enforce this Agreement, or to any claims for vested benefits, unemployment benefits, disability benefits, social security benefits, workers’ compensation benefits that arose at any time, or based on occurrences outside the Class Period. Plaintiff acknowledges he may discover facts or law different from, or in addition to, the facts or law Plaintiff now knows or believes to be true. But Plaintiff agrees that Plaintiff’s Release shall be and remain effective in all respects, notwithstanding such different or additional facts or Plaintiff’s discovery of them.
RELEASES OF CLAIMS. As a material inducement to Federated and Federated Advisors to enter into this Agreement, except for the performance by Federated and Federated Advisors of their obligations under this Agreement, Xx. Xxxxxxxxx irrevocably and unconditionally releases, acquits, and forever discharges Federated, Federated Advisors, and each of their affiliates, successors, assigns, and each of their past and present directors, officers, employees, agents, affiliates (and past and present directors, officers, employees and agents of such successors, assigns and affiliates)(collectively “Releasees”), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses (including attorneys’ fees, costs actually incurred, and liquidated damages), of any nature whatsoever, known or unknown (collectively “Claims”), which he now has, owns, or holds or claims to have, own, or hold, or which he at any time hereafter may have, own or hold, or claim to have, own or hold, against Releasees, from the beginning of time to the later of (a) the Effective Date of this Agreement, or (b) March 7, 2006, if that date is his last day of employment under paragraph 3(d). Without limitation of the foregoing, this general release includes any Claims relating to (i) the employment of Xx. Xxxxxxxxx by Federated or Federated Advisors or any of its affiliated companies, (ii) his resignation from or the cessation of such employment, (iii) the payment to him of any compensation, salary, bonus, benefit or payment of any kind, (iv) any Claims arising from any contract or agreement (including any contract or agreement between him and Federated, except those expressly remaining in force under paragraph 3(c) of this Agreement), and (v) the alleged violation by Federated, Federated Advisors or any Releasee of any federal, state or local statutes, ordinances or common laws, including, but not limited to, the Civil Rights Act of 1866; the Civil Rights Act of 1871; Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act; the Americans With Disabilities Act; the Employee Retirement Income Security Act of 1974; Executive Order 11246; the Veterans Reemployment Statutes; the Family Medical Leave Act; the Sarbanes Oxley Act of 2002; ...
RELEASES OF CLAIMS. Effective on the date when Defendant fully funds the entire Gross Settlement Amount and funds all employer payroll taxes owed on the Wage Portion of the Individual Class Payments, Plaintiff, Class Members, and Class Counsel will release claims against all Released Parties as follows:
5.1 . Xxxxxxxxx and his or her respective former and present spouses, representatives, agents, attorneys, heirs, administrators, successors, and assigns generally, release and discharge Released Parties from all claims, transactions, or occurrences that occurred during the Class Period, including, but not limited to: (a) all claims that were, or reasonably could have been, alleged, based on the facts contained, in the Operative Complaint and (b) all PAGA claims that were, or reasonably could have been, alleged based . Plaintiff does not extend to any claims or actions to enforce this Agreement, or to any claims for vested benefits, unemployment benefits, disability benefits, social security benefits, currences outside the Class Period. Plaintiff acknowledges that Plaintiff may discover facts or law different from, or in addition to, the facts or law that Plaintiff now knows or believes to be true but agrees, be and remain effective in all respects, them.
5.1.1 . For Release, Plaintiff expressly waives and relinquishes the provisions, rights, and benefits, if any, of section 1542 of the California Civil Code, which reads: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or Released Party.
