Complete Release by Employee. Employee voluntarily releases and forever discharges Employer and each of its past and present employees, agents, officers, directors and shareholders (individually, each "Employer Released Party" and collectively, the "Employer Released Parties") from any claims, charges, causes of action, demands or damages, known or unknown, fixed or contingent, at law or in equity, and waives and releases any and all rights and claims of any type that Employee may have had or now has at any time prior to the date of full execution of this Agreement, against Employer and/or the Employer Released Parties in any way related to Employee's employment, or his/her termination of employment with Employer other than for (i) the payment of the Severance Amount in accordance with and subject to the conditions contained in this Agreement; (ii) his/her COBRA rights; and (iii) his/her rights under any Qualified Retirement Plan ("the Reserved Matters"). This waiver and release includes, but is not limited to: a. any claims for any tort, including wrongful termination, wrongful discharge, defamation, intentional infliction of emotional distress, intentional interference with a contractual relationship or any other common law claims; Severance Agreement and General Release 3 Between ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇ Corporation b. any claims for the breach of any written, implied or oral contracts, including, but not limited to, any contract of employment; c. any claims of discrimination, harassment or retaliation based on age, marital status, national origin, ancestry, race, religion, gender, sex, sexual orientation, physical or mental disability or medical condition or any other class or category protected under applicable Federal, State or Local law; d. except for payments provided pursuant to this Agreement, any claims for payments of any nature, including, but not limited to, wages, attorney's fees, costs, overtime pay, vacation pay, severance pay, commissions, bonuses or the monetary equivalent of benefits; e. except for the consideration provided pursuant to this Agreement and any benefits under Employer's Qualified Retirement Plan, any claims or rights under any benefit plan, Vesting Agreement, or program of Employer; and f. any and all claims that may arise under common law and all federal, state and local statutes, ordinances, rules, regulations and orders, including, but not limited to, any claim or cause of action in law or in equity based on or arising under the Fair Labor Standards Act, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act (ADEA), as amended by the Older Workers Benefit Protection Act (OWBPA), the Americans with Disabilities Act of 1990, as amended, the Civil Rights Acts of 1866, 1871 and 1991, as amended, the Rehabilitation Act of 1973, as amended, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, the Family and Medical Leave Act, as amended, the Employee Retirement Income Security Act of 1974, as amended, the Occupational Safety and Health Act, as amended, the Worker Adjustment and Retraining Notification Act, as amended, and any other Federal or State of New York laws governing civil rights, age discrimination, disability discrimination, wage and hours, vacation and paid time off, and/or any other state employment laws, as each of them has been or may be amended, any state, federal or local laws governing whistleblowing or retaliation claims to the maximum extent permitted by law, including but not limited to the Sarbanes Oxley Act, any laws or agreements that provide for punitive, exemplary or statutory damages, and any laws or agreements that provide for payment of attorneys' fees, costs, or expenses, with the exclusion of any other benefits to which Employee is entitled, as a matter of law, subsequent to her termination.
Appears in 1 contract
Sources: Severance Agreement (Janel Corp)
Complete Release by Employee. Employee Employee, for himself, and on behalf of his agents, executors, heirs, representatives, and successors, knowingly and voluntarily releases and forever discharges Employer the Bank and each of its past and present employees, agents, officers, directors and shareholders (individually, each "an “Employer Released Party" ” and collectively, together the "“Employer Released Parties"”) from any claims, charges, causes of action, demands or damages, known or unknown, fixed or contingent, contingent at law or in equity, and waives and releases any and all rights and claims of any type that Employee may have had or now has at any time prior to the date of full execution of this Agreement, against Employer the Bank and/or the Employer Released Parties in any way related to Employee's ’s employment, or his/her his termination of employment with Employer the Bank other than for (i) the payment of the Severance Amount in accordance with and subject to the conditions contained in this Agreement; (ii) his/her his COBRA rights; and (iii) his/her his rights under any Qualified Retirement Plan ("“the Reserved Matters"”). This waiver and release includes, but is not limited to:
a. any claims for any tort, including wrongful termination, wrongful discharge, defamation, intentional infliction of emotional distress, intentional interference with a contractual relationship or any other common law claims; Severance Agreement and General Release 3 Between ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇ Corporation;
b. any claims for the breach of any written, implied or oral contracts, including, but not limited to, any contract of employment;
c. any claims of discrimination, harassment or retaliation based on age, marital status, national origin, ancestry, race, religion, gender, sex, sexual orientation, physical or mental disability or medical condition or any other class or category protected under applicable Federal, State or Local lawcondition;
d. except for payments provided pursuant to this Agreement, any claims for payments of any nature, including, but not limited to, wages, attorney's ’s fees, costs, overtime pay, vacation pay, severance pay, commissions, bonuses or the monetary equivalent of benefits;
e. except for the consideration provided pursuant to this Agreement and any benefits under Employer's the Bank’s Qualified Retirement Plan, any claims or rights under any benefit plan, Vesting Agreement, or program of Employerthe Bank; and
f. any and all claims that may arise under common law and all federal, state and local statutes, ordinances, rules, regulations and orders, including, but not limited to, any claim or cause of action in law or in equity based on or arising under the Fair Labor Standards Act, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act (ADEA), as amended by the Older Workers Benefit Protection Act (OWBPA), the Americans with Disabilities Act of 1990, as amended, the Civil Rights Acts of 1866, 1871 and 1991, as amended, the Rehabilitation Act of 1973, as amended, the Vietnam Era Veterans' ’ Readjustment Assistance Act of 1974, as amended, the Family and Medical Leave Act, as amended, the Employee Retirement Income Security Act of 1974, as amended, the Occupational Safety and Health Act, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the Maryland Fair Employment Practice Act, the Maryland Wage and any other Federal or State Hour Laws, the Maryland Occupational Health and Safety Act, the Maryland Disabilities Law, and Article 49B of New York laws governing civil rights, age discrimination, disability discrimination, wage and hours, vacation and paid time off, and/or any other state employment laws, the Maryland Annotated Code as each of them has been or may be amended, any state, state federal or local laws governing whistleblowing or retaliation claims to the maximum extent permitted by law, including but not limited to the Sarbanes Oxley Act, any laws or agreements that provide for punitive, exemplary or statutory damages, and any laws or agreements that provide for payment of attorneys' ’ fees, costs, or expenses, with the exclusion of any other benefits to which Employee is entitled, as a matter of law, subsequent to her his termination.
Appears in 1 contract