Claims Included Sample Clauses
The "Claims Included" clause defines which claims are covered under the agreement, typically specifying the types of claims, such as those arising from breach of contract, negligence, or other specified liabilities, that are subject to the contract's terms. In practice, this clause clarifies whether direct, indirect, consequential, or third-party claims are included, and may outline any exclusions or limitations. Its core function is to ensure both parties have a clear understanding of the scope of claims addressed by the contract, thereby reducing ambiguity and potential disputes over liability.
Claims Included. The Claims released and waived by Employee are those arising before the effective date of this agreement, whether known, suspected, unknown or unsuspected, and include, without limitation: • those for reinstatement; • those for actual, consequential, punitive or special damages; • those for attorney’s fees, costs, experts’ fees and other expenses of investigating, litigating or settling Claims; and • those against Apache and/or Apache’s present, former and future subsidiaries, affiliates, employees, officers, directors, agents, contractors, benefit plans, shareholders, advisors, insurance carriers, and legal representatives (together with Apache the “Released Parties”).
Claims Included. This release includes without limitation any Claim arising out of or relating in any way to (i) the Individual’s employment or the termination of his employment with the Company or with the employment practices of any of the Released Parties; (ii) any federal, state, or local statutory or common law or constitutional provision that applies, or is asserted to apply, directly or indirectly, to the formation, continuation, or termination of the Individual’s employment relationship with the Company, including but not limited to the Age Discrimination in Employment Act (“ADEA”); (iii) any contract, agreement, or arrangement between, concerning, or relating to the Individual and any of the Released Parties, and any termination of such contract, agreement, or arrangement, including without limitation any Claim to any payments or other compensation or benefits under the Employment Agreement not provided for in this Agreement; (iv) the forfeiture of any Equity Awards pursuant to the terms and conditions of the MIP, the LTIP and the applicable Award Agreement(s); or (v) any other alleged act, breach, conduct, negligence, gross negligence, or omission of any of the Released Parties.
Claims Included. This release includes without limitation any Claim arising out of or relating in any way to (i) the Individual’s employment or the termination of her employment with the Company, her other positions for the Company, REP, RPC, and their affiliates, or with the employment practices of any of the Released Parties; (ii) any federal, state, or local statutory or common law or constitutional provision that applies, or is asserted to apply, directly or indirectly, to the formation, continuation, or termination of the Individual’s employment relationship with the Company, including but not limited to the Age Discrimination in Employment Act (“ADEA”); (iii) any contract, agreement, or arrangement between, concerning, or relating to the Individual and any of the Released Parties, and any termination of such contract agreement or arrangement, including without limitation any Claim to any payments or other compensation or benefits under the Employment Agreement, the LTIP, or the Award Agreements not provided for in this Agreement; and (iv) any other alleged act, breach, conduct, negligence, gross negligence, or omission of any of the Released Parties.
Claims Included. In exchange for the Post-Retirement Benefit, Retiree releases, acquits, and forever discharges (i) Company, (ii) any parent, subsidiary, or affiliated entity of Company, (iii) any current or former officer, stockholder, member, director, partner, agent, manager, employee, representative, insurer, or attorney of the entities described in (i) or (ii), (iv) any employee benefit plan sponsored or administered by any person or entity described in (i), (ii), or (iii), and (v) any successor or assign of any person or entity described in (i), (ii), (iii), or (iv) (collectively, the “Company Parties”) from, and waive to the maximum extent permitted by applicable law, any and all claims, liabilities, demands, and causes of action of whatever character, whether known or unknown, fixed or contingent, or vicarious, derivative, or direct, that Retiree may have or claim against Company or any of the other Company Parties. Retiree understands that this general release includes, but is not limited to, any and all claims arising under federal, state, or local laws prohibiting employment discrimination, including the Age Discrimination in Employment Act, or other claims growing out of, resulting from, or connected in any way with Retiree’s employment with or retirement from Company, including any right or claim to compensation, payment, or other benefit under Company’s September 1, 2011 offer-of-employment letter to Retiree. Retiree understands this release also includes without limitation the waiver and release of any claim the Retiree may have on the date the Ratification is signed by him and delivered by him to the Company. Retiree understands that this Agreement does not waive any rights or claims against Company or any of the other Company Parties that may arise after the date on which Retiree signs it. Retiree further understands that nothing in this Agreement waives (i) any benefits to which Retiree has a vested entitlement under the terms of the applicable employee benefit plans established by Company, or (ii) any right or claim to indemnification or defense of any claims for acts taken by Retiree during Retiree’s employment with Company on the same terms as indemnification is made available by Company to other executive employees, officers, or directors, whether through Company’s bylaws, directors and officers liability insurance, or otherwise. In addition, the Retiree ratifies his acceptance of General Release under paragraph 5 of the Exit Agreement, as so modified...
Claims Included. The Claims released and waived by ▇▇ ▇▇▇▇▇▇ include --------------- claims:
(a) Arising before the date of this Agreement.
(b) Arising on or after the date of this Agreement that relate to ▇▇ ▇▇▇▇▇▇'▇ employment by Bactolac.
(c) That are presently known, suspected, unknown or unsuspected by ▇▇ ▇▇▇▇▇▇.
(d) For reinstatement or future employment;.
(e) For actual, consequential, punitive or special damages.
(f) For attorneys' fees, costs, experts' fees and other expenses of investigating, litigating or settling Claims.
(g) Against ANI, Bactolac and their respective affiliates, employees, officers, directors, agents, attorneys and contractors.
Claims Included. The Claims released and waived by ▇▇▇▇▇ include --------------- claims:
(a) arising before the date of this Agreement;
(b) arising on or after the date of this Agreement that relate to ▇▇▇▇▇'▇ employment by CWII;
(c) that are presently known, suspected, unknown or unsuspected by ▇▇▇▇▇;
(d) for reinstatement or future employment;
(e) for actual, consequential, punitive or special damages;
(f) for attorney's fees, costs, experts' fees and other expenses of investigating, litigating or settling Claims, except as provided in this Agreement; and
(g) against any of the CWII Companies and their respective affiliates, employees, officers, directors, attorneys, contractors and agents, including without limitation all financial advisors, including Bathgate ▇▇▇▇▇▇▇▇ Capital Group LLC and Century Capital Group, Inc. and their respective affiliates.
Claims Included. The Claims released and waived by Employee are those arising before the date of this agreement, whether known, suspected, unknown or unsuspected, and include: • those for reinstatement; • those for actual, consequential, punitive or special damages; • those for attorney’s fees, costs, experts’ fees and other expenses of investigating, litigating or settling Claims; and • those against Apache and/or Apache’s subsidiaries, affiliates, employees, officers, directors, agents and contractors.
Claims Included. The Claims released and waived by ▇▇▇▇▇▇▇ include claims:
(a) arising before the date of this Agreement;
(b) arising on or after the date of this Agreement that relate to ▇▇▇▇▇▇▇'▇ employment by USMX;
(c) that are presently known, suspected, unknown or unsuspected;
(d) for reinstatement or future employment;
(e) for actual, consequential, punitive or special damages;
(f) for attorney's fees, costs, experts' fees and other expenses of investigating, litigating or settling Claims; and
(g) against any of the USMX Companies and their respective affiliates, employees, officers, directors, agents, attorneys and contractors.
Claims Included. This release includes without limitation any Claim arising out of or relating in any way to (i) the Individual's employment or the termination of his employment with the Company or with the employment practices of any of the Released Parties; (ii) any federal, state, or local statutory or common law or constitutional provision that applies, or is asserted to apply, directly or indirectly, to the formation, continuation, or termination of the Individual's employment relationship with the Company, including but not limited to the Age Discrimination in Employment Act ("ADEA''); (iii) any contract, agreement, or arrangement between, concerning, or relating to the Individual and any of the Released Parties, and any termination of such contract agreement or arrangement, including without limitation any Claim to any payments or other compensation or benefits under the Employment Agreement or the Retention Letter not provided for in this Agreement, including without limitation any claim to severance payments under Section 6(b) of the Employment Agreement in connection with any Change in Control (as defined in the Employment Agreement); (iv) the forfeiture of any Equity Awards pursuant to this Agreement and the terms and conditions of the Plan, the LTIP and the applicable Award Agreement(s); or (v) any other alleged act, breach, conduct, negligence, gross negligence, or omission of any of the Released Parties.
Claims Included. This release includes without limitation any Claim arising out of or relating in any way to (i) the Individual's employment or the termination of his employment with the Company or another Released Party (defined below), or with any position held with, for or on behalf of the Company or another Released Party, or with the employment practices of any of the Released Parties; (ii) any federal, state, or local statutory or common law or constitutional provision that applies, or is asserted to apply, directly or indirectly, to the formation, continuation, or termination of the Individual's employment relationship with the Company or another Released Party, including but not limited to the Age Discrimination in Employment Act ("ADEA"); (iii) any contract, agreement, or arrangement between, concerning, or relating to the Individual and any of the Released Parties, including without limitation any grants of stock options, cash awards, or restricted stock from the Company or any other Released Party that are not vested as of the Separation Date and therefore forfeited as of the Separation Date; (iv) any other alleged act, breach, conduct, negligence, gross negligence, or omission of any of the Released Parties (defined below).