Common use of Complete Release of Claims Clause in Contracts

Complete Release of Claims. In consideration for the payments and accommodations set forth in the Separation and Release Agreement (the “Agreement”) between me and Fluor Enterprises, Inc. (the “Company”) to which this Exhibit 1 is attached, which are to be provided to me under the Agreement, to which I am not otherwise entitled and which are expressly conditioned on my signing the Agreement and each of the exhibits thereto, including this Supplemental Release and Waiver of Claims (this “Release of Claims”), and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, on my own behalf and on behalf of my heirs, executors, administrators, beneficiaries, representatives, successors and assigns, and all others connected with or claiming through me, I hereby release and forever discharge the Company, and its current and former parent companies, subsidiaries, affiliated companies, related companies and joint ventures and each of their respective current and former officers, directors, board members, shareholders, affiliates and controlling person(s) (if any), employees, attorneys, representatives, predecessors, successors, assigns, divisions, co-employers, vendors, contractors and all other persons acting by, through, under, or in concert with any of them (collectively “Releasees”) from any and all claims, charges, complaints, lawsuits, liabilities, obligations, promises, agreements, damages, actions, causes of action, rights, demands, costs, losses, debts and expenses, injuries and grievances of any and every kind. Said release includes, but is not limited to, a full release of any and all claims for punitive damages, attorneys’ fees, injunctive relief, declaratory relief, equitable relief, loss of wages, loss of other employment, back pay, front pay, notice pay, severance pay, liquidated damages, compensatory damages, personal injury, emotional distress, mental anguish, libel, slander, defamation, vacation pay, sick pay, pension contributions or benefits, medical or health benefits, short or long term disability benefits, and any other employee benefits; and any and all claims and demands of any other kind and nature whatsoever, foreseen, unforeseen, or unforeseeable, now known or which may hereafter be discovered relating to my employment with and/or the cessation of my employment with the Company, or to any event, act or omission that has occurred as of the date this Release of Claims is executed, and includes, but is not limited to, to the fullest extent allowed by law, all liability arising from: • Title VII of the Civil Rights Acts of 1964; • the Americans with Disabilities Act of 1990; • the Family and Medical Leave Act; • Genetic Information Nondiscrimination Act of 2008 • the Fair Labor Standards Act; • Sections 1981 through 1988 of Title 42 of the United States Code; • the Age Discrimination in Employment Act of 1967; • the Older Workers Benefit and Protection Act of 1990; • the Uniformed Services Employment and Reemployment Act of 1994; • the Employee Retirement Income Security Act of 1974; • the Health Insurance Portability and Accountability Act; • the Occupational and Safety Health Act of 1970; • the Worker Adjustment and Retraining Notification Act; • the Equal Pay Act; • Executive Orders 11246 and 11141; • the Rehabilitation Act of 1973; • any and all local, municipal, state, or federal statutes, regulations or ordinances; • any and all claims arising under state or federal common law; • any and all claims arising under any other law; and • any claims for attorneys’ fees or costs. I understand that nothing contained in this Release of Claims shall be construed to prohibit me from filing a charge, complaint or inquiry with any governmental agency or from providing information or documents to or participating in a proceeding before any governmental agency responsible for the enforcement of any local, state or federal law; provided, however, that I hereby agree to waive my right to recover monetary damages or other individual relief in any such charge, complaint or lawsuit filed by me or by anyone else on my behalf, except for monetary awards received from a government-administered whistleblower award program under which I provided information directly to a government agency. I further understand that nothing contained in this Release of Claims shall be construed to limit, restrict or in any other way affect my communicating with any governmental agency or entity, or communicating with any official or staff person of a governmental agency or entity, concerning matters relevant to such governmental agency or entity without prior notice to the Company, and that nothing in this Release of Claims prohibits me from fully participating in any whistleblower programs, including the right to receive an incentive award authorized under federal statute or regulation for information provided to the Securities and Exchange Commission or any other federal regulatory or law enforcement agency.

Appears in 1 contract

Sources: Separation and Release Agreement (Fluor Corp)

Complete Release of Claims. In consideration for the payments and accommodations set forth in the Separation Retirement and Release Agreement (the “Agreement”) between me and Fluor Enterprises, Inc. (the “Company”) to which this Exhibit 1 is attached, which are to be provided to me under the AgreementAgreement , to which I am not otherwise entitled and which are expressly conditioned on my signing the Agreement and each of the exhibits thereto, including this Supplemental Release and Waiver of Claims (this “Release of Claims”), and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, on my own behalf and on behalf of my heirs, executors, administrators, beneficiaries, representatives, successors and assigns, and all others connected with or claiming through me, I hereby release and forever discharge the Company, and its current and former parent companies, subsidiaries, affiliated companies, related companies and joint ventures and each of their respective current and former officers, directors, board members, shareholders, affiliates and controlling person(s) (if any), employees, attorneys, representatives, predecessors, successors, assigns, divisions, co-employers, vendors, contractors and all other persons acting by, through, under, or in concert with any of them (collectively “Releasees”) from any and all claims, charges, complaints, lawsuits, liabilities, obligations, promises, agreements, damages, actions, causes of action, rights, demands, costs, losses, debts and expenses, injuries and grievances of any and every kind. Said release includes, but is not limited to, a full release of any and all claims for punitive damages, attorneys’ fees, injunctive relief, declaratory relief, equitable relief, loss of wages, loss of other employment, back pay, front pay, notice pay, severance pay, liquidated damages, compensatory damages, personal injury, emotional distress, mental anguish, libel, slander, defamation, vacation pay, sick pay, pension contributions or benefits, medical or health benefits, short or long term disability benefits, and any other employee benefits; and any and all claims and demands of any other kind and nature whatsoever, foreseen, unforeseen, or unforeseeable, now known or which may hereafter be discovered relating to my employment with and/or the cessation of my employment with the Company, or to any event, act or omission that has occurred as of the date this Release of Claims is executed, and includes, but is not limited to, to the fullest extent allowed by law, all liability arising from: • Title VII of the Civil Rights Acts of 1964; • the Americans with Disabilities Act of 1990; • the Family and Medical Leave Act; • Genetic Information Nondiscrimination Act of 2008 • the Fair Labor Standards Act; • Sections 1981 through 1988 of Title 42 of the United States Code; • the Age Discrimination in Employment Act of 1967; • the Older Workers Benefit and Protection Act of 1990; • the Uniformed Services Employment and Reemployment Act of 1994; • the Employee Retirement Income Security Act of 1974; • the Health Insurance Portability and Accountability Act; • the Occupational and Safety Health Act of 1970; • the Worker Adjustment and Retraining Notification Act; • the Equal Pay Act; • Executive Orders 11246 and 11141; • the Rehabilitation Act of 1973; • any and all local, municipal, state, or federal statutes, regulations or ordinances; • any and all claims arising under state or federal common law; • any and all claims arising under any other law; and • any claims for attorneys’ fees or costs. I understand that nothing contained in this Release of Claims shall be construed to prohibit me from filing a charge, complaint or inquiry with any governmental agency or from providing information or documents to or participating in a proceeding before any governmental agency responsible for the enforcement of any local, state or federal law; provided, however, that I hereby agree to waive my right to recover monetary damages or other individual relief in any such charge, complaint or lawsuit filed by me or by anyone else on my behalf, except for monetary awards received from a government-administered whistleblower award program under which I provided information directly to a government agency. I further understand that nothing contained in this Release of Claims shall be construed to limit, restrict or in any other way affect my communicating with any governmental agency or entity, or communicating with any official or staff person of a governmental agency or entity, concerning matters relevant to such governmental agency or entity without prior notice to the Company, and that nothing in this Release of Claims prohibits me from fully participating in any whistleblower programs, including the right to receive an incentive award authorized under federal statute or regulation for information provided to the Securities and Exchange Commission or any other federal regulatory or law enforcement agency.

Appears in 1 contract

Sources: Retirement and Release Agreement (Fluor Corp)

Complete Release of Claims. In consideration for By signing this Agreement, the payments Company and accommodations set forth in Employee agree not to start any lawsuits, charges, or other legal action against the Separation and Release Agreement other relating to Employee's employment with the Company or the benefits that Employee received or should have received from the Company (except with respect to a breach of the Company's obligations under this Amendment or the Employee's obligations under Section 7 through 9 of the Employment Agreement”) between me and Fluor Enterprises, Inc. (the “Company”) to which this Exhibit 1 is attached, which are to be provided to me under not released by this Section 4). In addition, the AgreementCompany and Employee, to which I am not otherwise entitled for itself and which are expressly conditioned on my signing the Agreement and each of the exhibits thereto, including this Supplemental Release and Waiver of Claims (this “Release of Claims”), himself and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, on my own behalf and on behalf of my heirs, executors, administrators, beneficiaries, representatives, successors and assigns, and all others connected with or claiming through me, I hereby release and forever discharge the Company, and its current and former parent companies, subsidiaries, affiliated companies, related companies and joint ventures and each of their respective current heirs, representatives, executors, and former successors or assigns, waives any rights or claims each may have against the other, any employee benefit plans sponsored by the Company in which Employee participated, and any of the Company's or Employee's affiliated and related entities, owners, shareholders, officers, directors, board memberstrustees, shareholdersagents, affiliates and controlling person(s) (if any)spouses. employees, employees' spouses, attorneysinsurers, representativeseither past or present, predecessors, and all of their successors, assigns, divisions, co-employers, vendors, contractors and all other persons acting by, through, under, agents or in concert with any of them assigns (collectively "Releasees”) "). The Company and Employee each hereby releases the Releasees from any and all claims, charges, complaints, lawsuits, liabilities, obligations, promises, agreements, damages, actions, causes of action, rights, demandsobligations, costs, expenses, damages, losses, debts debts, and expensesdemands, injuries including attorneys' fees and grievances costs actually incurred (collectively "Claims") of any and every whatever kind, in law or in equity, known or unknown, suspected or unsuspected, which arose prior to the Termination Date. Said This release includes, but is not limited to, a full release of : (i) any and all claims for punitive damages, attorneys’ fees, injunctive relief, declaratory relief, equitable relief, loss of wages, loss of other employment, back pay, front pay, notice pay, severance pay, liquidated damages, compensatory damages, personal injury, emotional distress, mental anguish, libel, slander, defamation, vacation pay, sick pay, pension contributions or benefits, medical or health benefits, short or long term disability benefits, and any other employee benefits; and any and all claims and demands of any other kind and nature whatsoever, foreseen, unforeseen, or unforeseeable, now known or which may hereafter be discovered relating to my employment with and/or the cessation of my employment with the Company, or to any event, act or omission that has occurred as of the date this Release of Claims is executed, and includes, but is not limited to, to the fullest extent allowed by law, all liability arising from: • Title VII of the Civil Rights Acts of 1964; • the Americans with Disabilities Act of 1990; • the Family and Medical Leave Act; • Genetic Information Nondiscrimination Act of 2008 • the Fair Labor Standards Act; • Sections 1981 through 1988 of Title 42 of the United States Code; • the Age Discrimination in Employment Act of 1967; • the Older Workers Benefit and Protection Act of 1990; • the Uniformed Services Employment and Reemployment Act of 1994; • the Employee Retirement Income Security Act of 1974; • the Health Insurance Portability and Accountability Act; • the Occupational and Safety Health Act of 1970; • the Worker Adjustment and Retraining Notification Act; • the Equal Pay Act; • Executive Orders 11246 and 11141; • the Rehabilitation Act of 1973; • any and all local, municipal, state, or federal statutes, regulations or ordinances; • any and all claims arising under state or federal common law; • any and all claims arising under any other law; and • any claims for attorneys’ fees or costs. I understand that nothing contained in this Release of Claims shall be construed to prohibit me from filing a charge, complaint or inquiry with any governmental agency or from providing information or documents to or participating in a proceeding before any governmental agency responsible for the enforcement of any local, state or federal lawlaws regulating employment, including without limitation, the Civil Rights Acts, the Age Discrimination and Employment Act, the Americans with Disabilities Act, the Workers' Adjustment and Retraining Notification Act, and the Washington State Law Against Discrimination; provided(ii) Claims under the Employee Retirement Income Security Act; (iii) Claims under any local, however, that I hereby agree to waive my state or federal wage and hour laws; or (iv) Claims alleging any legal restriction on the Company's right to recover monetary damages or other individual relief in any such charge, complaint or lawsuit filed by me or by anyone else on my behalf, except for monetary awards received from a government-administered whistleblower award program under which I provided information directly to a government agency. I further understand that nothing contained in this Release of Claims shall be construed to limit, restrict or in any other way affect my communicating with any governmental agency or entityterminate their employees, or communicating with any official or staff person of a governmental agency or entity, concerning matters relevant to such governmental agency or entity without prior notice to the Company, and that nothing in this Release of Claims prohibits me from fully participating in any whistleblower programspersonal injury claims, including the right to receive an incentive award authorized without limitation wrongful termination, discrimination, harassment, breach of contract, defamation, tortuous interference with business expectancy, black listing, or infliction of emotional distress, whether arising under federal statute or regulation for information provided to the Securities and Exchange Commission or any other federal regulatory or law enforcement agencycommon law.

Appears in 1 contract

Sources: Employment Agreement (Gargoyles Inc)

Complete Release of Claims. In consideration for the payments and accommodations set forth in the Separation and Release Agreement (the “Agreement”) between me and Fluor Enterprises, Inc. (the “Company”) to which By signing this Exhibit 1 is attached, which are to be provided to me under the Agreement, I agree not to start any lawsuits, charges, or other legal action against the Company relating to my employment with the Company or the benefits that I received or should have received from the Company. In addition, I, for myself and for my heirs, representatives, executors, and successors, waive any rights or claims I may have relating to my employment with the Company or the rights or claims I may have relating to my employment with the Company or the benefits I received or should have received from the Company,against the Company, any employee benefit plans sponsored by the Company in which I am not otherwise entitled and which are expressly conditioned on my signing the Agreement and each of the exhibits thereto, including this Supplemental Release and Waiver of Claims participate (this “Release of Claims”except for pension plans), and for other good and valuable consideration, the receipt and sufficiency all of which I hereby acknowledge, on my own behalf and on behalf of my heirs, executors, administrators, beneficiaries, representatives, successors and assigns, and all others connected with or claiming through me, I hereby release and forever discharge the Company's affiliated and related entities, and its current and former parent companiesowners, subsidiariesshareholders, affiliated companies, related companies and joint ventures and each of their respective current and former officers, directors, board memberstrustees, shareholders, affiliates and controlling person(s) (if any)agents, employees, attorneysemployees' spouses, representativesinsurers, predecessorseither past or present, and all of their successors, assigns, divisions, co-employers, vendors, contractors and all other persons acting by, through, under, agents or in concert with any of them assigns (collectively "Releasees”) "); provided that this release shall not be effective to the extent that it would violate or preclude coverage under director/officer insurance policies or to the extent that the Company for any reason does not satisfy fully its obligations under the Company's indemnification policy. I hereby release the Releasees from any and all claims, charges, complaints, lawsuits, liabilities, obligations, promises, agreements, damages, actions, causes of action, rights, demandsobligations, costs, expenses, damages, losses, debts debts, and expensesdemands, injuries including attorneys' fees and grievances costs actually incurred (collectively "Claims") of any and every whatever kind, relating to my employment with the Company or the benefits I received or should have received from the Company in law or in equity, known or unknown, suspected or unsuspected, which arose prior to the Resignation Date. Said This release includes, but is not limited to, a full release of : (i) any and all claims for punitive damages, attorneys’ fees, injunctive relief, declaratory relief, equitable relief, loss of wages, loss of other employment, back pay, front pay, notice pay, severance pay, liquidated damages, compensatory damages, personal injury, emotional distress, mental anguish, libel, slander, defamation, vacation pay, sick pay, pension contributions or benefits, medical or health benefits, short or long term disability benefits, and any other employee benefits; and any and all claims and demands of any other kind and nature whatsoever, foreseen, unforeseen, or unforeseeable, now known or which may hereafter be discovered relating to my employment with and/or the cessation of my employment with the Company, or to any event, act or omission that has occurred as of the date this Release of Claims is executed, and includes, but is not limited to, to the fullest extent allowed by law, all liability arising from: • Title VII of the Civil Rights Acts of 1964; • the Americans with Disabilities Act of 1990; • the Family and Medical Leave Act; • Genetic Information Nondiscrimination Act of 2008 • the Fair Labor Standards Act; • Sections 1981 through 1988 of Title 42 of the United States Code; • the Age Discrimination in Employment Act of 1967; • the Older Workers Benefit and Protection Act of 1990; • the Uniformed Services Employment and Reemployment Act of 1994; • the Employee Retirement Income Security Act of 1974; • the Health Insurance Portability and Accountability Act; • the Occupational and Safety Health Act of 1970; • the Worker Adjustment and Retraining Notification Act; • the Equal Pay Act; • Executive Orders 11246 and 11141; • the Rehabilitation Act of 1973; • any and all local, municipal, state, or federal statutes, regulations or ordinances; • any and all claims arising under state or federal common law; • any and all claims arising under any other law; and • any claims for attorneys’ fees or costs. I understand that nothing contained in this Release of Claims shall be construed to prohibit me from filing a charge, complaint or inquiry with any governmental agency or from providing information or documents to or participating in a proceeding before any governmental agency responsible for the enforcement of any local, state or federal lawlaws regulating employment, including without limitation, the Civil Rights Acts, the Age Discrimination and Employment Act, the Americans with Disabilities Act, the Workers' Adjustment and Retraining Notification Act, and the Washington State Law Against Discrimination; provided(ii) Claims under the Employee Retirement Income Security Act; (iii) Claims under any local, however, that I hereby agree to waive my state or federal wage and hour laws; or (iv) Claims alleging any legal restriction on the Company's right to recover monetary damages or other individual relief in any such charge, complaint or lawsuit filed by me or by anyone else on my behalf, except for monetary awards received from a government-administered whistleblower award program under which I provided information directly to a government agency. I further understand that nothing contained in this Release of Claims shall be construed to limit, restrict or in any other way affect my communicating with any governmental agency or entityterminate their employees, or communicating personal injury claims, including without limitation wrongful termination, discrimination, harassment, breach of contract, defamation, tortuous interference with any official business expectancy, black listing, or staff person infliction of a governmental agency emotional distress, whether arising under statute or entitycommon law, concerning matters relevant insofar as those personal injury claims relate to such governmental agency or entity without my employment and arose prior notice to the CompanyResignation Date. This Agreement does not prejudice my rights, and that nothing in this Release of Claims prohibits me from fully participating in any whistleblower programsif any, including the right to receive an incentive award authorized pension plan benefits, unemployment compensation benefits or workers' compensation benefits. This Agreement also does not prejudice my rights, if any, under federal statute agreements, bylaw provisions, insurance or regulation for information provided otherwise, to the Securities and Exchange Commission be indemnified, defended or any other federal regulatory or law enforcement agencyheld harmless in connection with claims that may be asserted against me by third parties.

Appears in 1 contract

Sources: Separation and Release Agreement (Gargoyles Inc)

Complete Release of Claims. In consideration for the payments and accommodations set forth in the Separation Retirement and Release Agreement (the “Agreement”) between me and Fluor Enterprises, Inc. (the “Company”) to which this Exhibit 1 is attached, which are to be provided to me under the AgreementAgreement between me and Fluor Enterprises Inc. (the “Company”), to which I am not otherwise entitled and which are expressly conditioned on my signing the Agreement and each of the exhibits thereto, including this Supplemental Release and Waiver of Claims (this “Release of Claims”), and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, on my own behalf and on behalf of my heirs, executors, administrators, beneficiaries, representatives, successors and assigns, and all others connected with or claiming through me, I hereby release and forever discharge the Company, and its current and former parent companies, subsidiaries, affiliated companies, related companies and joint ventures and each of their respective current and former officers, directors, board members, shareholders, affiliates and controlling person(s) (if any), employees, attorneys, representatives, predecessors, successors, assigns, divisions, co-employers, vendors, contractors and all other persons acting by, through, under, or in concert with any of them (collectively “Releasees”) from any and all claims, charges, complaints, lawsuits, liabilities, obligations, promises, agreements, damages, actions, causes of action, rights, demands, costs, losses, debts and expenses, injuries and grievances of any and every kind. Said release includes, but is not limited to, a full release of any and all claims for punitive damages, attorneys’ fees, injunctive relief, declaratory relief, equitable relief, loss of wages, loss of other employment, back pay, front pay, notice pay, severance pay, liquidated damages, compensatory damages, personal injury, emotional distress, mental anguish, libel, slander, defamation, vacation pay, sick pay, pension contributions or benefits, medical or health benefits, short or long term disability benefits, and any other employee benefits; and any and all claims and demands of any other kind and nature whatsoever, foreseen, unforeseen, or unforeseeable, now known or which may hereafter be discovered relating to my his employment with and/or the cessation of my his employment with the Company, or to any event, act or omission that has occurred as of the date this Release of Claims Agreement is executed, and includes, but is not limited to, to the fullest extent allowed by law, all liability arising from: • Title VII of the Civil Rights Acts of 1964; • the Americans with Disabilities Act of 1990; • the Family and Medical Leave Act; • Genetic Information Nondiscrimination Act of 2008 • the Fair Labor Standards Act; • Sections 1981 through 1988 of Title 42 of the United States Code; • the Age Discrimination in Employment Act of 1967; • the Older Workers Benefit and Protection Act of 1990; • the Uniformed Services Employment and Reemployment Act of 1994; • the Employee Retirement Income Security Act of 1974; • the Health Insurance Portability and Accountability Act; • the Occupational and Safety Health Act of 1970; • the Worker Adjustment and Retraining Notification Act; • the Equal Pay Act; • Executive Orders 11246 and 11141; • the Rehabilitation Act of 1973; • any and all local, municipal, state, or federal statutes, regulations or ordinances; • any and all claims arising under state or federal common law; • any and all claims arising under any other law; and • any claims for attorneys’ fees or costs. I understand that nothing contained in this Release of Claims shall be construed to prohibit me from filing a charge, complaint or inquiry with any governmental agency or from providing information or documents to or participating in a proceeding before any governmental agency responsible for the enforcement of any local, state or federal law; provided, however, that I hereby agree to waive my right to recover monetary damages or other individual relief in any such charge, complaint or lawsuit filed by me or by anyone else on my behalf, except for monetary awards received from a government-administered whistleblower award program under which I provided information directly to a government agency. I further understand that nothing contained in this Release of Claims shall be construed to limit, restrict or in any other way affect my communicating with any governmental agency or entity, or communicating with any official or staff person of a governmental agency or entity, concerning matters relevant to such governmental agency or entity without prior notice to the Company, and that nothing in this Release of Claims prohibits me from fully participating in any whistleblower programs, including the right to receive an incentive award authorized under federal statute or regulation for information provided to the Securities and Exchange Commission or any other federal regulatory or law enforcement agency.

Appears in 1 contract

Sources: Retirement and Release Agreement (Fluor Corp)