Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraph, Employee hereby releases, covenants not to sue ▇▇▇ forever discharges the Company, its past and present affiliate and subsidiary companies, its and their past and present directors, officers, employees and agents and benefit programs (and the trustees, administrators, fiduciaries and insurers of such programs) and any other persons acting by, through, under or in concert with any of the persons or entities listed above, from any and all claims or rights Employee may have (or which may arise before this Agreement becomes effective), including, but not limited to, claims based on Employee's employment or the termination of that employment. This includes, but is not limited to, a release of claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibit discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities Act of 1990, which prohibits discrimination against the disabled; or any and all other federal, state or local laws or regulations or ordinances prohibiting employment discrimination. Employee also releases any claims for wrongful discharge, for breach of an express or implied employment contract or personal injuries arising therefrom, if any. This Agreement covers both claims that Employee knows about and those Employee may not know about, but does not release any claims which arise after this Agreement becomes effective. Employee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released in this Paragraph. Further, Employee agrees not to pursue any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the right to file a charge with or participate in an investigation with the EEOC. Employee is waiving, however, his right to any monetary recovery or relief should the EEOC or any other agency pursue any claims on his behalf.
Appears in 1 contract
Sources: Settlement Agreement (Union Pacific Resources Group Inc)
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraph, Employee hereby releases, covenants not to sue ▇▇▇ knowingly and voluntarily releases and forever discharges the Company, its past and present affiliate and subsidiary any related companies, its and their past the former and present directorscurrent employees, officers, employees agents, directors, shareholders, investors, attorneys, affiliates, successors and agents and benefit programs assigns of any of them (and the trustees“Released Parties”) from all liabilities, administratorsclaims, fiduciaries and insurers demands, rights of such programs) and any other persons acting byaction or causes of action Employee had, through, under has or in concert with may have against any of the persons or entities listed aboveReleased Parties, from any and all claims or rights Employee may have (or which may arise before this Agreement becomes effective), including, including but not limited to, to any claims or demands based on upon or relating to Employee's ’s employment with Company or the termination of that employment. This includes, but is not limited to, a release of any rights or claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amendedthe Equal Pay Act, and the Civil Rights Age Discrimination in Employment Act of 19911967, which prohibit discrimination in employment based on racethe Family and Medical Leave Act, colorthe Americans with Disabilities Act, national originthe Virginia Human Rights Act, religion or sex; The Americans With Disabilities Act of 1990, which prohibits discrimination against the disabled; or any and all other federal, state or local laws or regulations or ordinances prohibiting employment discrimination. This also includes, but is not limited to, a release by Employee also releases of any claims for wrongful discharge, for breach of an express contract, or implied employment any other statutory, common law, tort or contract claim that Employee had, has or personal injuries arising therefrom, if anymay have against any of the Released Parties. This Agreement release covers both claims that Employee knows about and those that Employee may not know about. This release, but however, does not release any claims which arise after this Agreement becomes effective. Employee represents that he has not filed or caused to be filed a lawsuit asserting any include claims that are released in this Paragraph. Further, Employee agrees not to pursue any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which (i) cannot be waived by released as a matter of law, including(ii) relate to the enforcement of the terms of this Agreement, but not limited toor (iii) involve Employee’s right, if any, to payment of vested qualified retirement benefits under the Company’s ERISA plans, the right to file a charge with or participate continuation in an investigation with the EEOC. Employee is waiving, however, his right to any monetary recovery or relief should the EEOC Company’s medical plans as provided by COBRA or any other agency pursue any claims on his behalfrights Employee may have with regard to vested stock options awarded to Employee under the Company’s equity plans.
Appears in 1 contract
Sources: Separation and Release Agreement (Lumber Liquidators Holdings, Inc.)
Complete Release. 2.1 (a) In exchange for consideration of the Settlement described in the FIRST Paragraphpayments and benefits received hereunder, Employee hereby releases, covenants not agrees to sue ▇▇▇ forever discharges release and waive all claims he may have against the Company. Employee's release includes all claims that are related to (i) Employee's employment with the Company; (ii) the voluntary or involuntary separation from that employment; (iii) the design or administration of any employee benefit program; (iv) any rights Employee has to severance or similar benefits under any program, its past and present affiliate and subsidiary companies, its and their past and present directors, officers, employees and agents and benefit programs (and the trustees, administrators, fiduciaries and insurers of such programs) and any other persons acting by, through, under policy or in concert with any procedure of the persons Company other than the payments recited in Section 2 or entities listed above, from 3 of this Release; (v) any and all claims or rights Employee may have to the continued receipt of benefits, other than as recited in Sections 2 and 3 of this Release; and (vi) any other claims or demands Employee may have which may arise before this Agreement becomes effective)under any contract or law or on any other basis, including, but not limited to, claims based on or demands under any severance plan or Employee's employment Employment Agreement, or the termination of that employmentany other agreement. This includes, but is release does not limited to, a release of give up Employee's rights to continued health insurance under COBRA as set forth above.
(b) Employee also releases any rights or claims or rights Employee he may have under the federal Americans with Disabilities Act, which prohibits employers from discriminating against any qualified individual with a disability; Age Discrimination in Employment Act of 1967, as amendedAct, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibit prohibits discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities Act of 1990the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; Older Workers' Benefit Protection Act, which prohibits discrimination against the disabledin employee benefits; state laws, which prohibit discrimination in employment based on, inter alia, race, color, religion, age, national origin, handicap, sex, or ancestry; any and all other federal, state or local laws or regulations or ordinances prohibiting employment discrimination. Employee also releases , restricting an employer's right to terminate employees, or otherwise regulating employment; any claims for wrongful discharge, discharge and all claims for breach of an express or implied employment contract alleged physical or personal injuries arising therefrominjury, if anyor emotional distress; any claims under the Worker Adjustment and Retraining Act or any similar law, which requires, among other things, that advance notice be given of certain work force reductions; and all claims under the Employee Retirement Income Security Act, such as claims relating to pension or health plan benefits. This Agreement release covers both claims that Employee knows about and those Employee he may not know about, but does not release any claims which arise after this Agreement becomes effective. Employee represents expressly waives all rights affordwolffed him by any statute that he has not filed or caused limits the effect of a release with respect to be filed a lawsuit asserting any unknown claims that are released in this Paragraphto the maximum extent such statutes permit such waiver. Further, Employee agrees not to pursue any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived This release and waiver by law, including, but not limited to, the right to file a charge with or participate in an investigation with the EEOC. Employee is waivingon behalf of the Employee and his spouse (if any) and child or children (if any), howeverheirs, his right to any monetary recovery or relief should the EEOC or any other agency pursue any claims on his behalfbeneficiaries, devisees, executors, administrators, attorneys, personal representatives, successors and assigns.
Appears in 1 contract
Sources: Release and Waiver of Employment Claims (Danielson Holding Corp)
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraph, Employee Consultant hereby releases, covenants not to sue ▇▇▇ knowingly and voluntarily releases and forever discharges the Company, its past and present affiliate and subsidiary any related companies, its and their past the former and present directorscurrent employees, officers, employees agents, directors, shareholders, investors, attorneys, affiliates, successors and agents and benefit programs assigns of any of them (and the trustees“Released Parties”) from all liabilities, administratorsclaims, fiduciaries and insurers demands, rights of such programs) and any other persons acting byaction or causes of action Consultant had, through, under has or in concert with may have against any of the persons or entities listed aboveReleased Parties, from any and all claims or rights Employee may have (or which may arise before this Agreement becomes effective), including, including but not limited toto any claims or demands based upon or relating to Consultant’s employment with the Company, claims based on Employee's employment his consultancy with the Company, or the termination of that employmentemployment and/or consultancy. This includes, but is not limited to, a release of any rights or claims or rights Employee Consultant may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amendedthe Equal Pay Act, and the Civil Rights Age Discrimination in Employment Act of 19911967, which prohibit discrimination in employment based on racethe Americans with Disabilities Act, colorthe Family and Medical Leave Act, national origin, religion or sex; The Americans With Disabilities Act of 1990, which prohibits discrimination against the disabled; or any and all other federal, state or local laws or regulations or ordinances prohibiting employment discrimination. Employee This also releases includes, but is not limited to, a release by Consultant of any claims for wrongful discharge, for breach of an express contract, or implied employment contract any other statutory, common law, tort, contract, or personal injuries arising therefromnegligence claim that Consultant had, if anyhas or may have against any of the Released Parties. This Agreement release covers both claims that Employee Consultant knows about and those Employee claims Consultant may not know about, but . Consultant further acknowledges that Consultant has received compensation for all hours worked in accordance with applicable state and federal laws. This release does not include, however, a release any claims which arise after this Agreement becomes effectiveof Consultant’s right, if any, to payment of vested qualified retirement benefits under the Company’s ERISA plans and the right, if any, to continuation in the Company’s medical plans as provided by COBRA. Employee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released Nothing in this Paragraph. FurtherParagraph 3, Employee agrees not to pursue nor any charges other provision of this Agreement, waives or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the affects Consultant’s right to file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) or to provide information to, or participate in as a witness in, an investigation with undertaken or a proceeding initiated by the EEOC. Employee is waivingHowever, however, his Consultant waives Consultant’s right to any monetary recovery or relief other recovery, including attorney’s fees, should the EEOC Consultant or any other federal, state or local administrative agency pursue any claims on Consultant’s behalf arising out of Consultant’s employment, consultancy or the conclusion of his behalfemployment and/or consultancy with the Company. Notwithstanding the foregoing, the parties agree that nothing in this Agreement shall be construed to prohibit the exercise of any rights by either party that such party may not waive as a matter of law.
Appears in 1 contract
Sources: Consultancy, Separation and Release Agreement (Lumber Liquidators Holdings, Inc.)
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraphconsideration set forth herein, Employee hereby releases, covenants not to sue ▇▇▇ knowingly and voluntarily releases and forever discharges the Company, its past NII and present affiliate and subsidiary any related companies, its including, without limitation, their affiliates, former and their past and present directorscurrent employees, officers, employees agents, directors, shareholders, investors, attorneys, successors and agents and benefit programs assigns or any of them (and the trustees“Released Parties”) from all liabilities, administratorsclaims, fiduciaries and insurers demands, rights of such programs) and any other persons acting byaction or causes of action Employee had, through, under has or in concert with may have against any of the persons or entities listed aboveReleased Parties, from any and all claims or rights Employee may have (or which may arise before this Agreement becomes effective), including, including but not limited to, to any claims or demands based on upon or relating to Employee's ’s employment with NII or the termination of that employment. This includes, includes but is not limited to, to a release of any rights or claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibit prohibits discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 19901967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the disabledVirginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any and all other federal, state or local laws or regulations or ordinances prohibiting employment discrimination. This also includes but is not limited to a release by Employee also releases of any claims for wrongful discharge, for breach of an express contract, under the Severance Plan, or implied employment any other statutory, common law, tort or contract claim that Employee had, has or personal injuries arising therefrom, if anymay have against any of the Released Parties. This Agreement release covers both claims that Employee knows about and those that Employee may not know about. Notwithstanding the foregoing, but neither party is releasing any right to enforce this Agreement, and Employee is not releasing: (1) any vested qualified retirement benefits under NII’s ERISA plan (although it does not include a release of all claims to benefits under the Severance Plan); (2) the right to continuation in NII’s medical plans as provided by COBRA; (3) any claims which arise after this Agreement becomes effective. Employee represents for unemployment compensation or workers compensation benefits or other rights that he has may not filed or caused to be filed released as a lawsuit asserting matter of law; (4) any claims that are released in solely relating the validity of this Paragraph. Furthergeneral release under the ADEA, Employee agrees not to pursue as amended; (5) any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the non-waiveable right to file a charge with or participate in an investigation with the EEOC. Employee is waivingU.S. Equal Employment Opportunity Commission, howeverthe Occupational Safety and Health Act, his right to any monetary recovery or relief should the EEOC Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”); or (6) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. However, Employee understands that this Agreement does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agencies. This Agreement does not limit Employee’s right to receive an award for information provided to any Government Agencies. Employee represents and warrants that Employee has no knowledge of any improper or illegal actions, misstatements or omissions by NII, is not aware of any facts or evidence that could give rise to such a claim, nor does Employee know of any basis on his behalfwhich any third party or governmental entity could assert such a claim. Employee further represents and warrants that he/she has fulfilled Employee’s duties to NII to the best of Employee’s abilities and in a reasonable and prudent manner, and that Employee has not knowingly engaged, directly or indirectly, in any actions or omissions that could be perceived as improper or unlawful, nor has Employee failed to report any such actions or omissions to NII. Employee further represents and warrants that he/she has been paid all compensation due and owing from NII as a result of Employee’s work, that he/she has received all rights to which Employee is entitled under the Family and Medical Leave Act, and that he/she is not suffering from any undisclosed illness or injury that would be compensable under NII’s workers’ compensation insurance. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.
Appears in 1 contract
Sources: Separation and Release Agreement (Nii Holdings Inc)
Complete Release. 2.1 In exchange Employee states clearly and without any reservation that his/her entering into this Retirement Incentive Agreement is done voluntarily and for the Settlement described in purpose of taking advantage of the FIRST ParagraphRetirement Incentive Program offered by the College. Employee further acknowledges that no person, organization, employee, officer, or agent of the College has suggested or otherwise attempted to cause, force, or coerce the Employee hereby releases, covenants not to sue ▇▇▇ forever discharges involuntarily take advantage of the Company, its past Retirement Incentive Program and present affiliate to terminate the Employee's employment with the College. Employee agrees to release the College and subsidiary companies, its and their past and present directors, officers, the employees and agents and benefit programs (and the trustees, administrators, fiduciaries and insurers of such programs) and any other persons acting by, through, under or in concert with any of the persons or entities listed above, trustees from any and all claims or rights demands Employee may have (or which may arise before this Agreement becomes effective), including, but not limited to, claims based on Employee's employment with the College or the termination of that employment. This includes, but is not limited to, a release of any right or claims or rights Employee may have under the federal Age Discrimination in Employment Act Act, or The Older Workers Benefit Protection Act, both of 1967, as amended, which prohibits prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibit prohibits discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities Act of 1990the Equal Pay Act, which prohibits discrimination against the disabledpaying men and women unequal pay for equal work; or any and all other federal, state or local laws or regulations or ordinances prohibiting employment discrimination. This also includes a release by Employee also releases of any claims for wrongful discharge, for breach of an express or implied employment contract or personal injuries arising therefrom, if any. This Agreement release covers both claims that Employee knows about and those Employee he/she may not know about. If an interpretation by the EEOC (Equal Employment Opportunity Commission) or a court of law determines, but subsequent to the effective date of this Agreement, that the Employee had or may have had (prior to the date of this agreement) rights greater or different than those provided through the employment relationship or this retirement incentive agreement such claims are forever waived by the Employee. This release does not release any claims which arise after this Agreement becomes effective. Employee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released in this Paragraph. Further, Employee agrees not to pursue any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the right to file a charge with or participate in an investigation with the EEOC. Employee is waivinginclude, however, his right a release of Employee's right, if any, to any monetary recovery pension, retiree health or relief should similar benefits under the EEOC or any other agency pursue any claims on his behalfCollege's standard retirement program.
Appears in 1 contract
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraph, Employee hereby releases, covenants not understands that all or part of his/her job duties may be assigned to sue ▇▇▇ forever discharges another person or persons who are less than forty years old or younger than Employee. Employee agrees to release the Company, its past and present affiliate and any company that is or was directly or indirectly the parent or subsidiary companiesof, its and their past and present directorsrelated to or affiliated with the Company, officers, employees and agents and any Company benefit programs (plans and the trusteesemployees, administrators, fiduciaries fiduciaries, agents, officers and insurers directors of such programs) any of them, and any other persons acting bypredecessors, through, under successors or in concert with any of the persons or entities listed aboveassigns (“Released Parties”), from any and all claims or rights demands Employee may have arising out of or relating to /s/ TW (or which may arise before this Agreement becomes effective), including, but not limited to, claims based on Initial) Employee's employment with the Company or the termination of that employment. This includes, but is not limited to, a release of any rights or claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibit prohibits discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities Act of 1990the Equal Pay Act, which prohibits discrimination against paying men and women unequal pay for equal work; the disabled; Employee Retirement Income Security Act of 1974 or any and all other federal, state or local laws or laws, regulations or ordinances prohibiting employment discriminationorders. This release also includes, but is not limited to, a release by Employee also releases of any contractual or tort claims or other claims arising under common law including, but not limited to, any claims for wrongful discharge, for breach of an express or implied employment contract or personal injuries arising therefrom, if any. This Agreement release covers both claims that Employee knows about and those Employee he/she may not know about, but does not release any claims which arise after this Agreement becomes effective. Employee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released in this Paragraph. Further, Employee agrees not to pursue any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the right to file a charge with or participate in an investigation with the EEOC. Employee is waivingThis release, however, his right to does not preclude Employee from enforcing the terms of this Agreement. This release does not include a release of any monetary recovery or relief should the EEOC pension or any other agency pursue any claims on his behalfbenefits for which Employee may be eligible under the terms of applicable Company benefit plans.
Appears in 1 contract
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraph, Employee hereby releases, covenants not to sue 7.1 ▇▇▇▇▇ forever discharges the Companyhereby unconditionally releases Synovus and its subsidiaries, its past parent companies and present affiliate and subsidiary affiliated companies, its and their past and present respective officers, directors, officersshareholders, employees and employees, attorneys, agents and benefit programs representatives (the “Releasees”) from each and the trusteesevery action, administratorsclaim, fiduciaries and insurers right, contract, liability or demand of such programs) and any other persons acting bykind or nature that ▇▇▇▇▇ had, through, under has now or in concert with might later claim to have against any of the persons Releasees as of the date of her execution of this Agreement, known or entities listed above, from any and all claims or rights Employee may have (or which may arise before this Agreement becomes effective)unknown, including, but not limited to, any and all claims based on Employee's in connection with ▇▇▇▇▇’ employment or relationship and the termination of that employment▇▇▇▇▇’ employment relationship. This includesSpecifically included in this release, but is not limited towithout limitation, a release of are all employment claims or rights Employee may have and any other claims arising under the federal Age Discrimination in Employment Act of 1967 (“ADEA”), the Fair Labor Standards Act, Employee Retirement Income Security Act of 1974, the Civil Rights Act of 1964 (“Title VII”), the Family and Medical Leave Act of 1993 (“FMLA”), 42 U.S.C. § 2000e, et seq., 42 U.S.C. § 1981 (“Section 1981”), Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Rehabilitation Act of 19641973, as amendedEqual Pay Act of 1963, Occupational Safety and Health Act, Immigration Reform and Control Act of 1986, Americans with Disabilities Act (the “ADA”), and the Civil Rights Employee Polygraph Protection Act of 1991, which prohibit discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities Act of 1990, which prohibits discrimination against the disabled; or any 1989. This is not a complete list and ▇▇▇▇▇ further waives and releases all rights and claims under all other federal, state and local discrimination provisions and all other statutory and common law causes of action relating in any way to her employment or local laws or regulations or ordinances prohibiting separation from employment discrimination. Employee also releases any claims for wrongful discharge, for breach of an express or implied employment contract or personal injuries arising therefrom, if anywith Synovus. This Agreement covers both claims that Employee knows about and those Employee may not know about, but release does not release apply to the payments described in this Consulting Agreement or to ▇▇▇▇▇’ rights to receive payments or benefits under any claims which arise after written benefit, compensation or retirement plan maintained by any of the Synovus Companies relating to her prior employment with Synovus.
7.2 Synovus hereby advises ▇▇▇▇▇ to consult with an attorney or other counselor of her choice prior to executing this Agreement. ▇▇▇▇▇ expressly acknowledges and agrees that she has read this Agreement becomes effective. Employee represents and Release carefully, that he she has had ample time and opportunity to consult with an attorney or other advisor of her choosing concerning her execution of this Agreement, that Synovus has advised her of her opportunity to consult an attorney or other advisor and has not filed in any way discouraged her from doing so, that she fully understands that the Agreement is final and binding, that it contains a release of potentially valuable claims, and that the only promises or caused to be filed a lawsuit asserting any claims that are released representations she has relied upon in this Paragraph. Further, Employee agrees not to pursue any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from signing this Agreement are claims which canthose specifically contained in the Agreement itself. ▇▇▇▇▇ also acknowledges and agrees that she has been offered at least twenty-one (21) days to consider this Agreement before signing and that she is signing this Agreement voluntarily, with the full intent of releasing Synovus from all claims.
7.3 ▇▇▇▇▇ ▇▇▇ revoke the Agreement at will at any time prior to twelve o’clock (12:00) noon on the eighth (8th) day immediately following the date of execution of this Agreement by delivering written notice of the revocation to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, President and Chief Executive Officer at his office at Synovus by that deadline. ▇▇▇▇▇ agrees that, if she revokes the Agreement prior to that time, she will return to Synovus any and all payments already received pursuant to this Agreement. The Agreement may not be waived revoked after that time. ▇▇▇▇▇ also agrees that if she ever attempts to rescind, revoke or annul this Agreement after the seven-day revocation period or if attempts at any time to make, assert or prosecute any claim(s) covered by lawthe Release contained in this Section VII, includingother than solely a claim under the ADEA, but not limited toshe will first return to Synovus any all payments already received by her under this Agreement, plus interest at the right to file a charge with highest legal rate, and she will pay Synovus’ attorney’s fees and costs incurred in defending itself against the claim(s) and/or the attempted revocation, rescission or participate in an investigation with the EEOC. Employee is waiving, however, his right to any monetary recovery or relief should the EEOC or any other agency pursue any claims on his behalfannulment.
Appears in 1 contract
Complete Release. 2.1 In exchange consideration for and expressly conditioned on the Settlement described in receipt of payment of the FIRST ParagraphSeverance Payment, Employee Read hereby releases, covenants not to sue ▇▇▇ forever discharges releases the Company, its past and present affiliate and subsidiary companiestogether with the employees, its and their past and present partners, agents, directors, officers, employees contractors, insurers and agents and benefit programs (and the trustees, administrators, fiduciaries and insurers attorneys of such programs) and any other persons acting by, through, under or in concert with any of them, (the persons or entities listed above, “Releasees”) from any and all claims or rights Employee demands, whether known or unknown, and whether asserted on an individual or class basis, which Read has, may have, or may claim to have against any of them. This complete release of all claims includes but is not limited to a complete release of any claims (including claims for attorneys’ fees) Read has, may have, or which may arise before this Agreement becomes effectiveclaim to have based on Read’s employment with Company or separation from that employment, as well as any claims arising out of any contract, express or implied, any covenant of good faith and fair dealing, express or implied, any tort (including negligence by the Company or anyone else), and any federal, state or other governmental statute, regulation or ordinance relating to employment, employment discrimination, or the payment of wages or benefits including, but not limited to, claims based on Employee's those relating to qui tam, employment or the discrimination, termination of that employment. This includes, but is not limited topayment of wages or provision of benefits, a release housing costs, costs relating to relocation and the purchase or sale of claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967housing, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, 1964 as amended, and the Civil Rights Act of 1991, which prohibit discrimination the Americans with Disabilities Act, the Employee Retirement Income Security Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Age Discrimination in employment based on raceEmployment Act, colorthe Older Workers Benefit Protection Act (“OWBPA”), national originthe Worker Adjustment and Retraining Notification Act, religion or sex; The Americans With Disabilities the Consolidated Omnibus Budget Reconciliation Act, and the Occupational Safety and Health Act of 1990, which prohibits discrimination against the disabled; or any and all other federal, and/or their state law or local laws law equivalents. Read specifically waives any entitlement to any bonus, equity plan or regulations or ordinances prohibiting employment discriminationother compensation not specifically set forth in this Separation Agreement. Employee also releases any claims for wrongful discharge, for breach of an express or implied employment contract or personal injuries arising therefrom, if any. This Agreement covers both claims that Employee knows about and those Employee may not know about, but does not release any claims which arise after this Agreement becomes effective. Employee Read represents that he has not filed or caused assigned to be filed a lawsuit asserting any other person any of such claims and that Read has the full right to grant this release. Notwithstanding any other provision herein, Read is not waiving any claims that are released may arise under the Age Discrimination in Employment Act after this Separation Agreement is executed or any future claims based on the provisions set forth in this ParagraphSeparation Agreement. FurtherThis Separation Agreement shall not modify, Employee agrees not expand or reduce any obligation of the Company to pursue indemnify Read from any charges claims arising out of the performance of Read’s services as an employee or officer of the Company as provided by applicable law and in accordance with the Company’s by-laws. Nothing herein is intended to expand, reduce or limit the Company’s obligations to provide the benefit of insurance coverage maintained by the Company (including D&O coverage) for Read in connection with claims based on actions or commence any actions omissions of any kind Read during the period of Read’s employment with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraphthe Company. Excluded from this Agreement release are a) any claims which canarising under the terms of this Agreement; and b) any claims that may not be waived by law, including, but not limited to, the right to file a charge with or participate in an investigation with the EEOC. Employee is waiving, however, his right to any monetary recovery or relief should the EEOC or any other agency pursue any claims on his behalf.
Appears in 1 contract
Sources: Separation Agreement (Flextronics International Ltd.)
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraph, Employee hereby releases, covenants not to sue ▇▇▇ knowingly and voluntarily releases and forever discharges the Company, its past and present affiliate and subsidiary any related companies, its and their past the former and present directorscurrent employees, officers, employees agents, directors, shareholders, investors, attorneys, affiliates, successors and agents and benefit programs assigns of any of them (and the trustees“Released Parties”) from all liabilities, administratorsclaims, fiduciaries and insurers demands, rights of such programs) and any other persons acting byaction or causes of action Employee had, through, under has or in concert with may have against any of the persons or entities listed aboveReleased Parties, from any and all claims or rights Employee may have (or which may arise before this Agreement becomes effective), including, including but not limited to, any claims or demands based on upon or relating to Employee's ’s employment with the Company or the termination of that employment. This includes, but is not limited to, a release of any rights or claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amendedthe Equal Pay Act, the Americans with Disabilities Act, the Family and the Civil Rights Act of 1991Medical Leave Act, which prohibit discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities Act of 1990, which prohibits discrimination against the disabled; or any and all other federal, state or local laws or regulations or ordinances prohibiting employment discriminationdiscrimination or retaliation. This also includes, but is not limited to, a release by Employee also releases of any claims for wrongful discharge, for breach of an express contract, or implied employment contract any other statutory, common law, tort, contract, or personal injuries arising therefromnegligence claim that Employee had, if anyhas or may have against any of the Released Parties. This Agreement release covers both claims that Employee knows about and those claims Employee may not know about, but . Employee further acknowledges that Employee has received compensation for all hours worked in accordance with applicable state and federal laws. This release does not include, however, (i) a release of Employee’s right, if any, to payment of vested qualified retirement benefits under the Company’s ERISA plans; (ii) Employee’s right, if any, to benefits under the Company’s health, dental and vision insurance plans that arose or vested on or before the Separation Date; (iii) the right, if any, to continuation in the Company’s medical plans as provided by COBRA; (iv) Employee’s eligibility, if any, for indemnification and/or advancement of expenses in accordance with any claims which arise after applicable Company Bylaws; (v) Employee’s rights, if any, to coverage under directors’ and officers’ liability insurance policy or policies of the Company and its subsidiaries and affiliates; (vi) Employee’s rights, if any, under the Equity Documents consistent with Section 3 herein; (vii) Employee’s rights, if any, as a stockholder of the Company consistent with Section 3 herein or (viii) Employee’s rights under this Agreement becomes effectiveAgreement. Employee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released Nothing in this Paragraph. FurtherSection 5, Employee agrees not to pursue nor any charges other provision of this Agreement, waives or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the affects Employee’s right to file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) or to provide information to, or participate in as a witness in, an investigation with undertaken or a proceeding initiated by the EEOC. However, Employee is waiving, however, his waives Employee’s right to any monetary recovery or relief other recovery, including attorney’s fees, should the EEOC Employee or any other federal, state or local administrative agency pursue any claims on Employee’s behalf arising out of Employee’s employment or the conclusion of his behalfemployment with the Company. Notwithstanding the foregoing, the parties agree that nothing in this Agreement shall be construed to prohibit the exercise of any rights by either party that such party may not waive as a matter of law.
Appears in 1 contract
Sources: Separation and Release Agreement (Lumber Liquidators Holdings, Inc.)
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraphconsideration set forth herein, Employee hereby releases, covenants not to sue ▇▇▇ knowingly and voluntarily releases and forever discharges the Company, its past NII and present affiliate and subsidiary any related companies, its including, without limitation, their affiliates, former and their past and present directorscurrent employees, officers, employees agents, directors, shareholders, investors, attorneys, successors and agents and benefit programs assigns or any of them (and the trustees“Released Parties”) from all liabilities, administratorsclaims, fiduciaries and insurers demands, rights of such programs) and any other persons acting byaction or causes of action Employee had, through, under has or in concert with may have against any of the persons or entities listed aboveReleased Parties, from any and all claims or rights Employee may have (or which may arise before this Agreement becomes effective), including, including but not limited toto any claims or demands based upon or relating to Employee’s employment with NII, claims based on for or by reason of any cause, matter, thing, occurrence, or event whatsoever from the date of Employee's employment or ’s birth to the termination of date that employmentEmployee has signed this Agreement. This includes, includes but is not limited to, to a release of any rights or claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibit prohibits discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 19901967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the disabledVirginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any and all other federal, state or local laws or regulations or ordinances prohibiting employment discrimination. This also includes but is not limited to a release by Employee also releases of any claims for wrongful discharge, for breach of an express contract, under the Severance Plan, or implied employment any other statutory, common law, tort or contract claim that Employee had, has or personal injuries arising therefrom, if anymay have against any of the Released Parties. This Agreement release covers both claims that Employee knows about and those that Employee may not know about. Notwithstanding the foregoing, but does neither party is releasing any right to enforce this Agreement, and Employee is not release releasing any future claims which arise arising after Employee signs this Agreement becomes effective. Employee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released in this ParagraphAgreement. Further, Employee agrees is not releasing: (1) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to pursue benefits under the Severance Plan); (2) the right to continuation in NII’s medical plans as provided by COBRA; (3) any charges claims for unemployment compensation or claims workers compensation benefits or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims other rights that are released in this Paragraph. Excluded from this Agreement are claims which canmay not be waived by released as a matter of law; (4) any claims solely relating to the validity of this general release under the ADEA, including, but not limited to, the as amended; (5) any non-waiveable right to file a charge with or participate in an investigation with the EEOC. Employee is waivingU.S. Equal Employment Opportunity Commission, howeverthe Occupational Safety and Health Act, his right to any monetary recovery or relief should the EEOC Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”); or (6) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the Director and Officer Indemnification Agreement between the Parties. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such released claims by Employee for money damages. However, Employee understands that this Agreement does not limit Employee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency. This Agreement does not limit Employee’s right to receive an award for information provided to any Government Agencies. Nothing contained in this Agreement shall limit or restrict the Employee’s ability or right to report securities law violations to the Securities and Exchange Commission and other federal agencies without NII’s prior approval and without having to forfeit any resulting whistleblower award, if applicable. Employee represents and warrants that Employee has no knowledge of any improper or illegal actions, misstatements or omissions by NII, is not aware of any facts or evidence that could give rise to such a claim, nor does Employee know of any basis on his behalfwhich any third party or governmental entity could assert such a claim. Employee further represents and warrants that he has fulfilled Employee’s duties to NII to the best of Employee’s abilities and in a reasonable and prudent manner, and that Employee has not knowingly engaged, directly or indirectly, in any actions or omissions that could be perceived as improper or unlawful, nor has Employee failed to report any such actions or omissions to NII. Employee further represents and warrants that he has been paid all compensation due and owing from NII as a result of Employee’s work, that he has received all rights to which Employee is entitled under the Family and Medical Leave Act, and that he is not suffering from any undisclosed illness or injury that would be compensable under NII’s workers’ compensation insurance. Employee hereby acknowledges and agrees that this release is a general release and that by signing this Agreement, he is signing and agreeing to this release.
Appears in 1 contract
Sources: Retention and Severance Agreement (Nii Holdings Inc)
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraph, Employee hereby releases, covenants not to sue ▇▇▇ knowingly and voluntarily releases and forever discharges the Company, its past and present affiliate and subsidiary any related companies, its and their past the former and present directorscurrent employees, officers, employees agents, directors, shareholders, investors, attorneys, affiliates, successors and agents and benefit programs assigns of any of them (and the trustees“Released Parties”) from all liabilities, administratorsclaims, fiduciaries and insurers demands, rights of such programs) and any other persons acting byaction or causes of action Employee had, through, under has or in concert with may have against any of the persons or entities listed aboveReleased Parties, from any and all claims or rights Employee may have (or which may arise before this Agreement becomes effective), including, including but not limited to, any claims or demands based on upon or relating to Employee's ’s employment with the Company or the termination cessation of that employment. This includes, but is not limited to, a release of any rights or claims or rights Employee may have under the federal Age Discrimination in Employment Act of 19671967 (“ADEA”), as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amendedthe Equal Pay Act, the Americans with Disabilities Act, the Family and the Civil Rights Act of 1991Medical Leave Act, which prohibit discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities Act of 1990, which prohibits discrimination against the disabled; or any and all other federal, state or local laws or regulations or ordinances prohibiting employment discriminationdiscrimination or retaliation. This also includes, but is not limited to, a release by Employee also releases of any claims for wrongful discharge, for breach of an express contract, or implied employment contract any other statutory, common law, tort, contract, or personal injuries arising therefromnegligence claim that Employee had, if anyhas or may have against any of the Released Parties. This Agreement release covers both claims that Employee knows about and those claims Employee may not know about. Employee further acknowledges that Employee has received compensation for all hours worked in accordance with applicable state and federal laws. Neither this Section, but does not release nor any other Section in this Agreement or the Severance Agreement, waives or releases (i) Employee’s right, if any, to payment of vested qualified retirement benefits under the Company’s ERISA plans; (ii) the right, if any, to continuation in the Company’s medical plans as provided by COBRA; (iii) the right to bring any claims under the ADEA which arise after the date that Employee executes this Agreement becomes effectiveAgreement, provided, however, that Employee acknowledges that the decision to cease Employee’s employment with the Company occurred prior to Employee’s execution of this Agreement; (iv) Employee’s eligibility, if any, for indemnification and/or advancement of expenses in accordance with any applicable Company Bylaws, if any; (v) Employee’s rights, if any, to coverage under directors’ and officers’ liability insurance policy or policies of the Company and its subsidiaries and affiliates; or (vi) Employee’s rights under this Agreement. Employee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released Nothing in this Paragraph. FurtherSection 5, Employee agrees not to pursue nor any charges other provision of this Agreement, waives or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the affects Employee’s right to file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) or to provide information to, or participate in as a witness in, an investigation with undertaken or a proceeding initiated by the EEOC. However, Employee is waiving, however, his waives Employee’s right to any monetary recovery or relief other recovery, including attorney’s fees, should the EEOC Employee or any other federal, state or local administrative agency pursue any claims on his behalfEmployee’s behalf arising out of Employee’s employment or the conclusion of Employee’s employment with the Company. Notwithstanding the foregoing, the parties agree that nothing in this Agreement shall be construed to prohibit the exercise of any rights by either party that such party may not waive as a matter of law.
Appears in 1 contract
Sources: Severance Benefit Agreement (Lumber Liquidators Holdings, Inc.)
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraph, This release shall be effective on Employee’s Termination Date. Employee hereby releases, covenants not understands that all or part of his job duties may be assigned to sue ▇▇▇ forever discharges another person or persons who are less than forty years old or younger than Employee. Employee agrees to release the Company, its past and present affiliate and any company that is or was directly or indirectly the parent or subsidiary companiesof, its and their past and present directorsrelated to or affiliated with the Company, officers, employees and agents and any Company benefit programs (plans and the trusteesemployees, administrators, fiduciaries fiduciaries, agents, officers and insurers directors of such programs) any of them, and any other persons acting bypredecessors, through, under successors or in concert with any of the persons or entities listed aboveassigns, from any and all claims or rights demands Employee may have (arising out of or which may arise before this Agreement becomes effective), including, but not limited to, claims based on relating to Employee's ’s employment with the Company or the termination of that employment. This includes, but is not limited to, a release of any rights or claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amendedAct, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibit prohibits discrimination in employment based on race, color, national origin, religion or sex; The the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Family Medical Leave Act; the Americans With with Disabilities Act of 1990Act, which prohibits discrimination against based upon disability; the disabledFair Labor Standards Act; the Worker Adjustment and Retraining Notification Act; the Employee Retirement Income Security Act of 1974 or any and all other federal, state or local laws or laws, regulations or ordinances prohibiting employment discriminationorders. This also includes, but is not limited to, a release by Employee also releases of any contractual or tort claims or other claims arising under common law including, but not limited to, any claims for wrongful discharge, for breach of an express or implied employment contract or personal injuries arising therefrom, if any. This Agreement release covers both claims that Employee knows about and those Employee he may not know about, about but does not release any future claims which arise after this Agreement becomes effectivepursuant to ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇-▇▇▇▇▇▇▇ of Future Claims. Employee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released in this Paragraph. Further, Employee agrees not to pursue any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the right to file a charge with or participate in an investigation with the EEOC. Employee is waivingThis release, however, his right does not preclude Employee from enforcing the terms of this Agreement. Nor does this release include a release of any pension benefits, workers’ compensation benefits or other vested benefit for which Employee may be eligible under the terms of applicable Company benefit plans. Employee agrees and intends that the foregoing release shall be construed in the broadest sense possible and shall be effective as a prohibition to any monetary recovery all claims, charges, actions, suits, demands, obligations, damages, injuries, liabilities, losses, and causes of action of every character, nature, kind or relief should description, known or unknown, and suspected or unsuspected that Employee may have against the EEOC or any other agency pursue any Company and its agents, successors, assignees and representatives but does not release future claims on his behalfpursuant to ▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇-▇▇▇▇▇▇▇ of Future Claims.
Appears in 1 contract
Sources: Separation Agreement (Exelis Inc.)
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraphconsideration set forth herein, Employee hereby releases, covenants not to sue ▇▇▇ knowingly and voluntarily releases and forever discharges the Company, its past NII and present affiliate and subsidiary any related companies, its including, without limitation, their affiliates, former and their past and present directorscurrent employees, officers, employees agents, directors, shareholders, investors, attorneys, successors and agents and benefit programs assigns or any of them (and the trustees“Released Parties”) from all liabilities, administratorsclaims, fiduciaries and insurers demands, rights of such programs) and any other persons acting byaction or causes of action Employee had, through, under has or in concert with may have against any of the persons or entities listed aboveReleased Parties, from any and all claims or rights Employee may have (or which may arise before this Agreement becomes effective), including, including but not limited to, to any claims or demands based on upon or relating to Employee's ’s employment with NII or the termination of that employment. This includes, includes but is not limited to, to a release of any rights or claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibit prohibits discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 19901967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the disabledVirginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any and all other federal, state or local laws or regulations or ordinances prohibiting employment discrimination. This also includes but is not limited to a release by Employee also releases of any claims for wrongful discharge, for breach of an express contract, under the Severance Plan, or implied employment any other statutory, common law, tort or contract claim that Employee had, has or personal injuries arising therefrom, if anymay have against any of the Released Parties. This Agreement release covers both claims that Employee knows about and those that Employee may not know about. Notwithstanding the foregoing, but neither party is releasing any right to enforce this Agreement, and Employee is not releasing: (1) any vested qualified retirement benefits under NII’s ERISA plan (although it does not include a release of all claims to benefits under the Severance Plan); (2) the right to continuation in NII’s medical plans as provided by COBRA; (3) any claims which arise after this Agreement becomes effective. Employee represents for unemployment compensation or workers compensation benefits or other rights that he has may not filed or caused to be filed released as a lawsuit asserting matter of law; (4) any claims that are released in solely relating the validity of this Paragraph. Furthergeneral release under the ADEA, Employee agrees not to pursue as amended; (5) any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or participate in an investigation with (6) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the EEOCDirector and Officer Indemnification Agreement between the Parties. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is waivinga general release and that by signing this Agreement, however, his right he is signing and agreeing to any monetary recovery or relief should the EEOC or any other agency pursue any claims on his behalfthis release.
Appears in 1 contract
Sources: Separation and Release Agreement (Nii Holdings Inc)
Complete Release. 2.1 In exchange for (a) As a material inducement to the Settlement described in Company to enter into this Agreement, and per the FIRST Paragraphterms of paragraph 9(a) of the Employment Agreement, Employee the Executive hereby releases, covenants not to sue ▇▇▇ forever releases and discharges the Company, its past and present affiliate and subsidiary companiessubsidiaries, its and their past and present owners, affiliates, divisions, stockholders, directors, officers, employees members, agents, current and agents former employees, attorneys, related companies, predecessors, successors and benefit programs assigns (collectively "Released Parties"), and the trusteeseach of them, administrators, fiduciaries of and insurers of such programs) and any other persons acting by, through, under or in concert with any of the persons or entities listed above, from any and all claims charges, complaints, claims, or liabilities (including attorneys" fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, rights Employee may have (arising out of alleged violations of any contracts, express or which may arise before this Agreement becomes effective)implied, or any state law tort claim, or any federal, state, or other governmental statute, regulation, or ordinance, including, but not limited to, claims based on Employee's employment or the termination of that employment. This includes, but is not limited to, a release of claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 19641964 or the Age Discrimination in Employment Act, as amended, and the Civil Rights Act of 199129 U.S.C. (S)(S) 621-634, which prohibit discrimination in employment based on raceExecutive now has or claims to have, coloror which Executive at any time heretofore had or claimed to have, national originor which Executive at any time hereinafter may have or claim to have, religion or sex; The Americans With Disabilities Act of 1990, which prohibits discrimination against the disabled; each or any and all other federalof the Released Parties; provided, state or local laws or regulations or ordinances prohibiting employment discrimination. Employee also releases any claims for wrongful dischargehowever, for breach of an express or implied employment contract or personal injuries arising therefrom, if any. This Agreement covers both claims that Employee knows about and those Employee may not know about, but Executive specifically does not release any rights under the Age Discrimination in Employment Act arising after the Effective Date of this Agreement, any claims to enforce this Agreement, or any claims which arise after Executive is precluded from waiving by operation of law. Executive further acknowledges that Executive has reviewed and understood the chart on page 7 of this Agreement becomes effective. Employee represents that he has Agreement, listing those Company executives (by job title and age) terminated and not filed terminated as a result of the Company's restructuring.
(b) The Company hereby forever releases and discharges Executive of and from any and all charges, complaints, claims, or caused to be filed a lawsuit asserting any claims that are released in this Paragraph. Further, Employee agrees not to pursue any charges or claims or commence any actions liabilities (including attorneys" fees and costs actually incurred) of any kind with nature whatsoever, of which the Company's executive officers, or any localof them, state or federal agency or state or federal court pertaining to claims that are released in has actual knowledge as of the date of this Paragraph. Excluded from this Agreement are claims which cannot be waived by lawAgreement, including, but not limited to, rights arising out of alleged violations of any contracts, express or implied, or any state law tort claim, or any federal, state, or other governmental statute, regulation, or ordinance, which the right Company now has or claims to file a charge with have, or participate in an investigation with which the EEOC. Employee is waivingCompany at any time heretofore had or claimed to have against Executive; provided, however, his right to that the Company specifically does not release any monetary recovery charges, complaints, claims or relief should liabilities (including attorneys' fees and costs actually incurred) of any nature whatsoever of which the EEOC Company's executive officers, or any other agency pursue any claims on his behalfof them, did not have actual knowledge as of the date of this Agreement.
Appears in 1 contract
Complete Release. 2.1 In exchange for the Settlement described in the FIRST ParagraphOn behalf of yourself and your heirs and assigns, Employee you hereby releases, covenants not to sue ▇▇▇ forever discharges completely release the Company, its past and present affiliate and subsidiary companiesthe Company’s, its and their past and present directorsaffiliates, divisions, subsidiaries, predecessors, shareholders, partners, officers, employees directors, employees, attorneys and agents and benefit programs (and collectively, the trustees, administrators, fiduciaries and insurers of such programs“Releasees”) and any other persons acting by, through, under or in concert with any of the persons or entities listed above, from any and all claims and from any and all causes of action of any kind or rights Employee character, whether known or unknown, which you may have (or which may arise before this Agreement becomes effective)claim to have against the Releasees, or any of them, including, but not limited to, all claims based on Employee's or causes of action arising out of your employment or with the Company, the termination of that such employment, or any actions or omissions occurring prior to or during such employment. This includes, but is not limited to, a release any claims arising out of any contract, express or implied, any tort (whether intentional or negligent, including claims arising out of the negligence or rights Employee may have under gross negligence of any of the federal Age Discrimination in Employment Act of 1967Releasees), as amendedand any federal, which prohibits age discrimination in employmentstate, local, or other governmental statute, regulation, or ordinance, including without limitation, the Texas Labor Code, Chapter 21; Title VII of the Civil Rights Act of 1964, as amended, and ; the Civil Rights Act of 1991; the Americans with Disabilities Act; the Equal Pay Act, which prohibit discrimination as amended; the Worker Adjustment and Retraining Notification Act; the Employee Retirement Income Security Act, as amended; the Family Care and Medical Leave Act; the Age Discrimination in Employment Act; the Fair Labor Standards Act; and any state law regarding fair employment based on racepractices, colorpayment of wages, national origin, religion or sex; The Americans With Disabilities Act of 1990, which prohibits discrimination against the disabled; or any and all other federallaw affecting the employment relationship. By entering into this agreement, state neither you nor the Company admit any liability or local laws or regulations or ordinances prohibiting employment discriminationwrongdoing. Employee also releases You agree that you are not releasing any claims for wrongful discharge, for breach of an express or implied employment contract or personal injuries arising therefrom, if any. This Agreement covers both claims you may have under the Age Discrimination in Employment Act that Employee knows about and those Employee may not know about, but does not release any claims which arise after this Agreement becomes effective. Employee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released in this Paragraph. Further, Employee agrees not to pursue any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the right to file a charge with or participate in an investigation with the EEOC. Employee agreement is waiving, however, his right to any monetary recovery or relief should the EEOC or any other agency pursue any claims on his behalfexecuted.
Appears in 1 contract
Complete Release. 2.1 In exchange for Employee, on the Settlement described in the FIRST Paragraphbehalf of himself, Employee his heirs, executors, administrators, and/or assigns, hereby releases, covenants not to sue ▇▇▇ knowingly and voluntarily releases and forever discharges the Company, its past and present affiliate and subsidiary any related companies, its and their past the former and present directorscurrent employees, officers, employees agents, directors, shareholders, investors, attorneys, affiliates, successors and agents and benefit programs assigns of any of them (and the trustees“Released Parties”) from all liabilities, administratorsclaims, fiduciaries and insurers demands, rights of such programs) and any other persons acting byaction or causes of action, throughwhether known or unknown, under suspected or in concert with unsuspected, that Employee or his heirs, executors, administrators and/or assigns, had, has or may have against any of the persons or entities listed aboveReleased Parties, from any and all claims or rights Employee may have (or which may arise before this Agreement becomes effective), including, including but not limited to, any claims or demands based on upon or relating to Employee's ’s employment with the Company or the termination cessation of that employment. This includes, but is not limited to, a release of any rights or claims or rights Employee may have under the federal Age Discrimination in Employment Act of 19671967 (“ADEA”), as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amendedthe Equal Pay Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Civil Virginia Human Rights Act of 1991Act, which prohibit discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities Act of 1990, which prohibits discrimination against the disabled; or any and all other federal, state or local laws or regulations or ordinances prohibiting employment discriminationdiscrimination or retaliation. This also includes, but is not limited to, a release by Employee also releases of any claims for wrongful discharge, for breach of an express contract, or implied employment contract any other statutory, common law, tort, contract, or personal injuries arising therefromnegligence claim that Employee had, has or may have against any of the Released Parties. Employee further acknowledges that Employee has received compensation for all hours worked in accordance with applicable state and federal laws. Neither this Section, nor any other Section in this Agreement, waives or releases (i) Employee’s right, if any. This Agreement covers both claims that Employee knows about and those Employee may not know about, but does not release to payment of vested qualified retirement benefits under the Company’s ERISA plans; (ii) the right, if any, to continuation in the Company’s medical plans as provided by COBRA; (iii) the right to bring any claims under the ADEA which arise after the date that Employee executes this Agreement becomes effectiveAgreement, provided, however, that Employee acknowledges that the decision to cease Employee’s employment with the Company occurred prior to Employee’s execution of this Agreement; (iv) Employee’s eligibility, if any, for indemnification and/or advancement of expenses in accordance with any applicable Company Bylaws, if any; (v) Employee’s rights, if any, to coverage under directors’ and officers’ liability insurance policy or policies of the Company and its subsidiaries and affiliates; or (vi) Employee’s rights under this Agreement. Employee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released Nothing in this Paragraph. FurtherSection 5, Employee agrees not to pursue or any charges other provision of this Agreement, waives or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the affects Employee’s right to file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) or to provide information to, or participate in as a witness in, an investigation with undertaken or a proceeding initiated by the EEOC. However, Employee is waiving, however, his waives Employee’s right to any monetary recovery or relief other recovery, including attorneys’ fees, should the EEOC Employee or any other federal, state or local administrative agency pursue any claims on his behalfEmployee’s behalf arising out of Employee’s employment or the conclusion of Employee’s employment with the Company. Notwithstanding the foregoing, the parties agree that nothing in this Agreement shall be construed to prohibit the exercise of any rights by either party that such party may not waive as a matter of law.
Appears in 1 contract
Sources: Separation and Release Agreement (Lumber Liquidators Holdings, Inc.)
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraph, Employee hereby releases, covenants not to sue ▇▇▇ knowingly and voluntarily releases and forever discharges the Company, its past and present affiliate and subsidiary any related companies, its and their past the former and present directorscurrent employees, officers, employees agents, directors, shareholders, investors, attorneys, affiliates, successors and agents and benefit programs assigns of any of them (and the trustees“Released Parties”) from all liabilities, administratorsclaims, fiduciaries and insurers demands, rights of such programs) and any other persons acting byaction or causes of action Employee had, through, under has or in concert with may have against any of the persons or entities listed aboveReleased Parties, from any and all claims or rights Employee may have (or which may arise before this Agreement becomes effective), including, including but not limited to, any claims or demands based on upon or relating to Employee's ’s employment with the Company or the termination of that employment. This includes, but is not limited to, a release of any rights or claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amendedthe Equal Pay Act, the Americans with Disabilities Act, the Family and the Civil Rights Act of 1991Medical Leave Act, which prohibit discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities Act of 1990, which prohibits discrimination against the disabled; or any and all other federal, state or local laws or regulations or ordinances prohibiting employment discrimination. This also includes, but is not limited to, a release by Employee also releases of any claims for wrongful discharge, for breach of an express contract, or implied employment contract any other statutory, common law, tort, contract, or personal injuries arising therefromnegligence claim that Employee had, if anyhas or may have against any of the Released Parties. This Agreement release covers both claims that Employee knows about and those claims Employee may not know about, but . Employee further acknowledges that Employee has received compensation for all hours worked in accordance with applicable state and federal laws. This release does not include, however, a release any claims which arise after this Agreement becomes effectiveof Employee’s right, if any, to payment of vested qualified retirement benefits under the Company’s ERISA plans and the right, if any, to continuation in the Company’s medical plans as provided by COBRA. Employee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released Nothing in this Paragraph. FurtherSection 8, Employee agrees not to pursue nor any charges other provision of this Agreement, waives or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the affects Employee’s right to file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) or to provide information to, or participate in as a witness in, an investigation with undertaken or a proceeding initiated by the EEOC. However, Employee is waiving, however, his waives Employee’s right to any monetary recovery or relief other recovery, including attorney’s fees, should the EEOC Employee or any other federal, state or local administrative agency pursue any claims on Employee’s behalf arising out of Employee’s employment or the conclusion of his behalfemployment with the Company. Notwithstanding the foregoing, the parties agree that nothing in this Agreement shall be construed to prohibit the exercise of any rights by either party that such party may not waive as a matter of law.
Appears in 1 contract
Sources: Consultancy, Separation and Release Agreement (Lumber Liquidators Holdings, Inc.)
Complete Release. 2.1 In exchange for the Separation Settlement Payment described in the FIRST ParagraphSection 1, Employee hereby releases, covenants not agrees to sue ▇▇▇ forever discharges release (hereinafter "Complete Release") the following persons and entities from all claims or rights Employee may have (or which may arise before this Agreement becomes effective) based on the Employee's employment with the Company or the termination of that employment: the Company, all related companies, and with respect to each such entity, all of its past and or present affiliate and subsidiary companiesemployees, its and their past and present directors, officersagents, employees and agents and employee benefit programs (and the trustees, administrators, fiduciaries and insurers of such programs) and any other persons acting by, through, under or in concert with any of the persons or entities listed above, from any and all claims or rights Employee may have (or which may arise before this Agreement becomes effective), including, but not limited to, claims based on Employee's employment or the termination of that employment. This includes, but is not limited to, a release of any claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended, amended and the Civil Rights Act of 1991, which prohibit discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities Act of 1990, as amended, which prohibits discrimination against the disabled; or any and all other federal, state or state, local laws or laws, regulations or ordinances prohibiting employment discrimination. Employee also releases any claims for wrongful discharge, for breach of an express or implied employment contract or personal injuries arising therefrom, if any. This Agreement Complete Release covers both claims that the Employee knows about and those Employee he may not know about, but does not release any claims which arise after this Agreement Complete Release becomes effective. Employee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released in this ParagraphSection. Further, the Employee agrees not to pursue any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to the claims that are released in this ParagraphSection. Excluded from this Agreement Complete Release are claims which cannot be waived by law, including, but not limited to, to the right to file a charge with or participate in an investigation with the EEOC. Employee is waiving, however, his any right to any monetary recovery or relief should the EEOC or any other agency pursue any claims on his behalf.
Appears in 1 contract
Sources: Separation Settlement and Release Agreement (Quicksilver Resources Inc)
Complete Release. 2.1 In exchange for (a) As a material inducement to the Settlement described in Company to enter into this Agreement, and per the FIRST Paragraphterms of paragraph 9(a) of the Employment Agreement, Employee the Executive hereby releases, covenants not to sue ▇▇▇ forever releases and discharges the Company, its past and present affiliate and subsidiary companiessubsidiaries, its and their past and present owners, affiliates, divisions, stockholders, directors, officers, employees members, agents, current and agents former employees, attorneys, related companies, predecessors, successors and benefit programs assigns (collectively "Released Parties"), and the trusteeseach of them, administrators, fiduciaries of and insurers of such programs) and any other persons acting by, through, under or in concert with any of the persons or entities listed above, from any and all claims charges, complaints, claims, or liabilities (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, rights Employee may have (arising out of alleged violations of any contracts, express or which may arise before this Agreement becomes effective)implied, or any state law tort claim, or any federal, state, or other governmental statute, regulation, or ordinance, including, but not limited to, claims based on Employee's employment or the termination of that employment. This includes, but is not limited to, a release of claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 19641964 or the Age Discrimination in Employment Act, as amended, and the Civil Rights Act of 199129 U.S.C. (S)(S) 621-634, which prohibit discrimination in employment based on raceExecutive now has or claims to have, coloror which Executive at any time heretofore had or claimed to have, national originor which Executive at any time hereinafter may have or claim to have, religion or sex; The Americans With Disabilities Act of 1990, which prohibits discrimination against the disabled; each or any and all other federalof the Released Parties; provided, state or local laws or regulations or ordinances prohibiting employment discrimination. Employee also releases any claims for wrongful dischargehowever, for breach of an express or implied employment contract or personal injuries arising therefrom, if any. This Agreement covers both claims that Employee knows about and those Employee may not know about, but Executive specifically does not release any rights under the Age Discrimination in Employment Act arising after the Effective Date of this Agreement, any claims to enforce this Agreement, or any claims which arise after this Agreement becomes effective. Employee represents that he has not filed Executive is precluded from waiving by operation of law.
(b) The Company hereby forever releases and discharges Executive of and from any and all charges, complaints, claims, or caused to be filed a lawsuit asserting any claims that are released in this Paragraph. Further, Employee agrees not to pursue any charges or claims or commence any actions liabilities (including attorneys' fees and costs actually incurred) of any kind with any localnature whatsoever, state known or federal agency unknown, suspected or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by lawunsuspected, including, but not limited to, the right to file a charge with rights arising out of alleged violations of any contracts, express or participate in an investigation with the EEOC. Employee is waivingimplied, however, his right to any monetary recovery or relief should the EEOC or any state law tort claim, or any federal, state, or other agency pursue governmental statute, regulation, or ordinance, which the Company now has or claims to have, or which the Company at any claims on his behalftime heretofore had or claimed to have against Executive.
Appears in 1 contract
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraph, Employee hereby releases, covenants not to sue ▇▇▇ knowingly and voluntarily releases and forever discharges the Company, its past and present affiliate and subsidiary any related companies, its and their past the former and present directorscurrent employees, officers, employees agents, directors, shareholders, investors, attorneys, affiliates, successors and agents and benefit programs assigns of any of them (and the trustees“Released Parties”) from all liabilities, administratorsclaims, fiduciaries and insurers demands, rights of such programs) and any other persons acting byaction or causes of action Employee had, through, under has or in concert with may have against any of the persons or entities listed aboveReleased Parties, from any and all claims or rights Employee may have (or which may arise before this Agreement becomes effective), including, including but not limited to, any claims or demands based on upon or relating to Employee's ’s employment with the Company or the termination cessation of that employment. This includes, but is not limited to, a release of any rights or claims or rights Employee may have under the federal Age Discrimination in Employment Act of 19671967 (“ADEA”), as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amendedthe Equal Pay Act, the Americans with Disabilities Act, the Family and the Civil Rights Act of 1991Medical Leave Act, which prohibit discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities Act of 1990, which prohibits discrimination against the disabled; or any and all other federal, state or local laws or regulations or ordinances prohibiting employment discriminationdiscrimination or retaliation. This also includes, but is not limited to, a release by Employee also releases of any claims for wrongful discharge, for breach of an express contract, or implied employment contract any other statutory, common law, tort, contract, or personal injuries arising therefromnegligence claim that Employee had, if anyhas or may have against any of the Released Parties. This Agreement release covers both claims that Employee knows about and those claims Employee may not know about. Employee further acknowledges that Employee has received compensation for all hours worked in accordance with applicable state and federal laws. Neither this Section, but does not release nor any other Section in this Agreement or the Employment Agreement, waives or releases (i) Employee’s right, if any, to payment of vested qualified retirement benefits under the Company’s ERISA plans; (ii) the right, if any, to continuation in the Company’s medical plans as provided by COBRA; (iii) the right to bring any claims under the ADEA which arise after the date that Employee executes this Agreement becomes effectiveAgreement, provided, however, that Employee acknowledges that the decision to cease Employee’s employment with the Company occurred prior to Employee’s execution of this Agreement; (iv) Employee’s eligibility, if any, for indemnification and/or advancement of expenses in accordance with any applicable Company Bylaws, if any; (v) Employee’s rights, if any, to coverage under directors’ and officers’ liability insurance policy or policies of the Company and its subsidiaries and affiliates; or (vi) Employee’s rights under this Agreement. Employee represents that he has not filed or caused to be filed a lawsuit asserting any claims that are released Nothing in this Paragraph. FurtherSection 5, Employee agrees not to pursue nor any charges other provision of this Agreement, waives or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the affects Employee’s right to file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) or to provide information to, or participate in as a witness in, an investigation with undertaken or a proceeding initiated by the EEOC. However, Employee is waiving, however, his waives Employee’s right to any monetary recovery or relief other recovery, including attorney’s fees, should the EEOC Employee or any other federal, state or local administrative agency pursue any claims on his behalfEmployee’s behalf arising out of Employee’s employment or the conclusion of Employee’s employment with the Company. Notwithstanding the foregoing, the parties agree that nothing in this Agreement shall be construed to prohibit the exercise of any rights by either party that such party may not waive as a matter of law.
Appears in 1 contract
Sources: Executive Employment Agreement (Lumber Liquidators Holdings, Inc.)
Complete Release. 2.1 In exchange consideration for and expressly conditioned on the Settlement described in receipt of payment of the FIRST ParagraphSeverance Payment, Employee hereby releases, covenants not to sue ▇▇▇▇▇ forever discharges hereby releases the Company, its past and present affiliate and subsidiary companiestogether with the employees, its and their past and present partners, agents, directors, officers, employees contractors, insurers and agents and benefit programs (and the trustees, administrators, fiduciaries and insurers attorneys of such programs) and any other persons acting by, through, under or in concert with any of them, (the persons or entities listed above, "Releasees") from any and all claims or rights Employee demands, whether known or unknown, and whether asserted on an individual or class basis, which ▇▇▇▇▇ has, may have, or may claim to have against any of them. This complete release of all claims includes but is not limited to a complete release of any claims (including claims for attorneys' fees) ▇▇▇▇▇ has, may have, or which may arise before this Agreement becomes effectiveclaim to have based on ▇▇▇▇▇'▇ employment with Company or separation from that employment, as well as any claims arising out of any contract, express or implied, any covenant of good faith and fair dealing, express or implied, any tort (including negligence by the Company or anyone else), and any federal, state or other governmental statute, regulation or ordinance relating to employment, employment discrimination, or the payment of wages or benefits including, but not limited to, claims based on Employee's those relating to qui tam, employment or the discrimination, termination of that employment. This includes, but is not limited topayment of wages or provision of benefits, a release housing costs, costs relating to relocation and the purchase or sale of claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967housing, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, 1964 as amended, and the Civil Rights Act of 1991, which prohibit discrimination the Americans with Disabilities Act, the Employee Retirement Income Security Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Age Discrimination in employment based on raceEmployment Act, colorthe Older Workers Benefit Protection Act ("OWBPA"), national originthe Worker Adjustment and Retraining Notification Act, religion or sex; The Americans With Disabilities the Consolidated Omnibus Budget Reconciliation Act, and the Occupational Safety and Health Act of 1990, which prohibits discrimination against the disabled; or any and all other federal, and/or their state law or local laws law equivalents. ▇▇▇▇▇ specifically waives any entitlement to any bonus, equity plan or regulations or ordinances prohibiting employment discriminationother compensation not specifically set forth in this Separation Agreement. Employee also releases any claims for wrongful discharge, for breach of an express or implied employment contract or personal injuries arising therefrom, if any. This Agreement covers both claims that Employee knows about and those Employee may not know about, but does not release any claims which arise after this Agreement becomes effective. Employee ▇▇▇▇▇ represents that he has not filed or caused assigned to be filed a lawsuit asserting any other person any of such claims and that ▇▇▇▇▇ has the full right to grant this release. Notwithstanding any other provision herein, ▇▇▇▇▇ is not waiving any claims that are released may arise under the Age Discrimination in Employment Act after this Separation Agreement is executed or any future claims based on the provisions set forth in this ParagraphSeparation Agreement. FurtherThis Separation Agreement shall not modify, Employee agrees not expand or reduce any obligation of the Company to pursue indemnify ▇▇▇▇▇ from any charges claims arising out of the performance of ▇▇▇▇▇'▇ services as an employee or officer of the Company as provided by applicable law and in accordance with the Company's by-laws. Nothing herein is intended to expand, reduce or limit the Company's obligations to provide the benefit of insurance coverage maintained by the Company (including D&O coverage) for ▇▇▇▇▇ in connection with claims based on actions or commence any actions omissions of any kind ▇▇▇▇▇ during the period of ▇▇▇▇▇'▇ employment with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraphthe Company. Excluded from this Agreement release are a) any claims which canarising under the terms of this Agreement; and b) any claims that may not be waived by law, including, but not limited to, the right to file a charge with or participate in an investigation with the EEOC. Employee is waiving, however, his right to any monetary recovery or relief should the EEOC or any other agency pursue any claims on his behalf.
Appears in 1 contract
Sources: Separation Agreement (Flextronics International Ltd.)
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraph, Employee hereby releases, covenants not to sue ▇▇▇ forever discharges the Company, its past releases Company and present affiliate and subsidiary any affiliated companies, its and their past and present along with the employees, partners, agents, directors, officers, employees contractors, and agents and benefit programs (and the trustees, administrators, fiduciaries and insurers attorneys of such programs) and any other persons acting by, through, under or in concert with any of them (the persons or entities listed above“Releasees”), from any and all claims or rights demands, whether known or unknown, and whether asserted on an individual or class basis, which Employee may have (or which may arise before this Agreement becomes effective), including, claim to have against any of them. This complete release of all claims includes but is not limited to, to a complete release of any claims (including claims for attorneys’ fees) Employee may have or claim to have based on Employee's ’s employment with Company or the termination of that employment. This includes, but is not limited to, a release of claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amendedwell as any claims arising out of any contract, which prohibits age discrimination in express or implied, any covenant of good faith and fair dealing, express or implied, any tort (including negligence by Company or anyone else), and any federal, state or other governmental statute, regulation or ordinance relating to employment; , employment discrimination, or the payment of wages or benefits including, without limitation, those relating to qui tam, employment discrimination, termination of employment, payment of wages or provision of benefits, Title VII of the Civil Rights Act of 1964, 1964 as amended, and the Civil Rights Act of 1991, which prohibit discrimination in employment based on race, color, national origin, religion or sex; The the Americans With with Disabilities Act of 1990as amended, which prohibits discrimination against the disabled; or any Employee Retirement Income Security Act, the Family and all other federalMedical Leave Act, state or local laws or regulations or ordinances prohibiting employment discrimination. Employee also releases any claims for wrongful dischargethe Fair Labor Standards Act, for breach of an express or implied employment contract or personal injuries arising therefromthe Age Discrimination in Employment Act, if any. This Agreement covers both claims that Employee knows about the Older Workers Benefit Protection Act (“OWBPA”), the Worker Adjustment and those Employee may not know aboutRetraining Notification (“WARN”) Act, but does not release any claims which arise after this Agreement becomes effectivethe Consolidated Omnibus Budget Reconciliation Act (“COBRA”), and the Occupational Safety and Health Act. Employee represents that he Employee has not filed or caused assigned to be filed a lawsuit asserting any other person any of such claims and that Employee has the full right to grant this release. Notwithstanding any other provision herein, Employee is not waiving any claims that are released may arise under the Age Discrimination in Employment Act after this Agreement is executed, any future claims based on Company’s obligations and agreements set forth in this ParagraphAgreement, and vested rights in any stock or benefit plan. Further, Employee agrees does not to pursue any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the right to file a charge with or participate in an investigation with the EEOC. Employee is waiving, however, release his right to be defended and indemnified, to the extent required by the Indemnity Agreement dated June 12, 2014 and attached as Exhibit B. Further, nothing in this agreement restricts Employee’s right to assert a claim for a defense, reimbursement, or indemnity under any monetary recovery or relief should policies of Directors and Officers Liability Insurance maintained by the EEOC or any other agency pursue any claims on his behalfCompany.
Appears in 1 contract
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraph, Employee hereby releases, covenants not to sue ▇▇▇ knowingly and voluntarily releases and forever discharges the CompanyPRA, its past and present affiliate and subsidiary any related companies, its and their past the former and present directorscurrent employees, officers, employees agents, directors, shareholders, investors, attorneys, affiliates, successors and agents and benefit programs assigns of any of them (and the trustees“Released Parties”) from all liabilities, administratorsclaims, fiduciaries and insurers demands, rights of such programs) and any other persons acting byaction or causes of action Employee had, through, under has or in concert with may have against any of the persons or entities listed above, from any and all claims or rights Employee may have (or which may arise before Released Parties through the date this Agreement becomes effective), is executed including, but not limited to, any claims or demands based on upon or relating to Employee's ’s employment or with PRA, the termination cessation of that employment, and the terms and conditions of the Employment Agreement. This The release provided for under this Paragraph 3 includes, but is not limited to, a release of any rights or claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibit prohibits discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities the Age Discrimination in Employment Act of 19901967, which prohibits discrimination on the basis of age; the Americans with Disabilities Act, as amended, which prohibits discrimination against otherwise qualified disabled individuals; the disabledFamily and Medical Leave Act; or any and all other federal, state or local laws or regulations or ordinances prohibiting employment discriminationinvolving employment. This release also includes, but is not limited to, a release by Employee also releases of any claims against the Released Parties for wrongful discharge, for breach of an express contract, or implied employment contract any other statutory, common law, tort, contract, or personal injuries arising therefromnegligence claim that Employee had, if anyhas or may have against any of the Released Parties through the date this Agreement is executed. This Agreement release covers both claims that Employee knows about and those Employee claims he may not know about, but about that occurred prior to the execution of this Agreement. This release does not include, however, a release any claims which arise after of rights, if any, to payment of vested benefits under the PRA’s ERISA employee benefit plans or the right, if any, to continuation in the PRA’s medical plans as provided by COBRA. The Parties acknowledge and agree that this is a general release and it is to be broadly construed as a release by Employee of all claims; provided that notwithstanding the foregoing, this Agreement becomes effectiveshall not be construed to prohibit the exercise of any rights by either party that such party may not waive or release as a matter of law or under applicable public policy. Employee represents further acknowledges and agrees that he has not filed or caused been paid and/or received all compensation, commissions, wages, bonuses and/or benefits to be filed a lawsuit asserting any claims that are released which he is entitled except as provided for in this Paragraph. Further, Employee agrees not to pursue any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which cannot be waived by law, including, but not limited to, the right to file a charge with or participate in an investigation with the EEOC. Employee is waiving, however, his right to any monetary recovery or relief should the EEOC or any other agency pursue any claims on his behalfAgreement.
Appears in 1 contract
Complete Release. 2.1 In exchange for the Settlement described in the FIRST Paragraphconsideration set forth herein, Employee hereby releases, covenants not to sue ▇▇▇ knowingly and voluntarily releases and forever discharges the Company, its past NII and present affiliate and subsidiary any related companies, its including, without limitation, their affiliates, former and their past and present directorscurrent employees, officers, employees agents, directors, shareholders, investors, attorneys, successors and agents and benefit programs assigns or any of them (and the trustees“Released Parties”) from all liabilities, administratorsclaims, fiduciaries and insurers demands, rights of such programs) and any other persons acting byaction or causes of action Employee had, through, under has or in concert with may have against any of the persons or entities listed aboveReleased Parties, from any and all claims or rights Employee may have (or which may arise before this Agreement becomes effective), including, including but not limited to, to any claims or demands based on upon or relating to Employee's ’s employment with NII or the termination of that employment. This includes, includes but is not limited to, to a release of any rights or claims or rights Employee may have under the federal Age Discrimination in Employment Act of 1967, as amended, which prohibits age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibit prohibits discrimination in employment based on race, color, national origin, religion or sex; The Americans With Disabilities the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Age Discrimination in Employment Act of 19901967, the (“ADEA”) which prohibits age discrimination in employment; the Americans with Disabilities Act, which prohibits discrimination against otherwise qualified disabled individuals; the disabledVirginia Human Rights Act, which is a state statue prohibiting, among other things, employment discrimination; the Fairfax County Human Rights Ordinance, which is a local ordinance prohibiting, among other things, employment discrimination; or any and all other federal, state or local laws or regulations or ordinances prohibiting employment discrimination. This also includes but is not limited to a release by Employee also releases of any claims for wrongful discharge, for discharge or breach of an express contract under the Severance Plan, or implied employment any other statutory, common law, tort or contract claim that Employee had, has or personal injuries arising therefrom, if anymay have against any of the Released Parties. This Agreement release covers both claims that Employee knows about and those that Employee may not know about. Notwithstanding the foregoing, but does neither party is releasing any right to enforce this Agreement, and Employee is not release releasing: (1) any claims which arise after for payments and benefits as set forth in this Agreement becomes effective. Employee represents that he has not filed or caused the Second Separation Agreement; (2) any vested qualified retirement benefits under NII’s ERISA plan (although it does include a release of all claims to be filed a lawsuit asserting benefits under the Severance Plan); (3) the right to continuation in NII’s medical plans as provided by COBRA; (4) any claims for unemployment compensation or workers compensation benefits or other rights that are released in this Paragraph. Further, Employee agrees not to pursue any charges or claims or commence any actions of any kind with any local, state or federal agency or state or federal court pertaining to claims that are released in this Paragraph. Excluded from this Agreement are claims which canmay not be waived by released as a matter of law; (5) any claims solely relating the validity of this general release under the ADEA, including, but not limited to, the as amended; (6) any non-waiveable right to file a charge with the U.S. Equal Employment Opportunity Commission; or participate in an investigation with (7) any rights to indemnification pursuant to NII’s or any successor company’s Certificate of Incorporation, Delaware General Corporation Law or the EEOCDirector and Officer Indemnification Agreement between the Parties dated as of June 26, 2015. If a government agency were to pursue any matters that are released herein, Employee agrees that this Agreement will control as the exclusive remedy and full settlement of all such claims by Employee for money damages. Employee hereby acknowledges and agrees that this release is waivinga general release and that by signing this Agreement, however, his right he is signing and agreeing to any monetary recovery or relief should the EEOC or any other agency pursue any claims on his behalfthis release.
Appears in 1 contract
Sources: Separation and Release Agreement (Nii Holdings Inc)