Common use of Complete Release Clause in Contracts

Complete Release. In exchange for the compensation to be paid to Employee pursuant to Section 9 of that certain Employment Agreement dated November ____, 1997 between the Employee and the Company (the "Employment Agreement"), which Employee acknowledges he would not otherwise be entitled to receive without signing this Agreement, Employee forever discharges and releases the Company, its affiliates, subsidiaries, and their respective officers and directors, agents or representatives (the "Company Parties") from and forever promises not to sue the Company Parties for any and all claims, demands, damages, ▇▇ghts and causes of action, including, without limitation, claims for compensatory and punitive damages and for injunctive and other equitable or declaratory relief, Employee now has or may have against the Company Parties up to the date of signing this Agreement, whether known or unknown, including, but not limited to, claims, demands, rights and causes of action arising out of Employee's employment and termination thereof, claims of employment discrimination or bias, wrongful discharge, severance pay, unused vacation and breach of contract and any violation of Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974 (ERISA), the Americans with Disabilities Act of 1990 (ADA), the Age Discrimination and Employment Act of 1967 (ADEA), the Older Workers Benefit Protection Act, the Fair Labor Standards Act, the Occupational and Safety & Health Act, the Equal Pay Act and any and all other federal, state and local laws and regulations and ordinances and or public policy and any and all claims, demands, rights and causes of action the Employee now has or may have against the Company Parties under common law or in equity including, without limitation, contract or tort actions. Employee acknowledges and fully understands and agrees that the Company Parties may plead this release as a complete defense to any claim or entitlement that may be asserted by Employee or other persons or agencies on the Employee's behalf in any suit, grievance or claim against the Company Parties for or on account of any matter whatsoever. This does not preclude, however, the right of Employee to enforce the terms of this Agreement. This release does not include a release of any pension benefits for which Employee may be eligible under the terms of applicable Company benefits plans.

Appears in 3 contracts

Sources: Management Agreement (Mascotech Inc), Employment Agreement (Mascotech Inc), Employment Agreement (Mascotech Inc)

Complete Release. In exchange for the compensation to be paid severance benefits provided to Employee pursuant under this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Employee agrees to Section 9 of that certain Employment Agreement dated November ____, 1997 between the Employee release and discharge the Company (the "Employment Agreement")and any past, which Employee acknowledges he would not otherwise be entitled to receive without signing this Agreementpresent, Employee forever discharges and releases the Companyfuture employees, its affiliatesagents, subsidiariesofficers, attorneys, directors, shareholders, members, managers and employee benefit programs of any of them, and their respective officers agents and directors, agents or representatives insurers (the "Company Related Parties") from and forever promises not to sue the Company Parties for any and all claims, actions, suits, losses, obligations, demands, damagesliabilities, ▇▇ghts costs, expenses and causes of action, includingknown or unknown, without limitationof any nature whatsoever, claims for compensatory from the beginning of time until the date Employee executes this Agreement, whether at law or in equity, (each individually, a “Claim” and punitive damages and for injunctive and other equitable or declaratory reliefcollectively, the “Claims”) which Employee now has or may have against the Company or the Company Related Parties up related to Employee’s employment with the date Company, under the Severance Agreement or otherwise, or the termination of signing this Agreementthat employment. Employee also releases any and all Claims he may have under any federal, whether known state or unknownlocal ordinances, includingstatutes or common law, including but not limited toto any Claim for defamation, claimspromissory estoppel, demandsbreach of contract, rights and causes of action arising out of Employee's employment and termination thereofinterference with economic advantage, claims of employment wrongful termination, retaliatory discharge, harassment, discrimination or biasintentional infliction of emotional distress or under the Age Discrimination In Employment Act, wrongful dischargeas amended, severance paythe Older Workers Benefit Protection Act, unused vacation and breach of contract and any violation of as amended, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, as amended, the Family and Medical Leave Act of 1993, as amended, Employee Retirement Income Security Act, as amended, the Rehabilitation Act of 1974 (ERISA)1973, as amended, the Americans with Disabilities Act of 1990 (ADA)1990, as amended, the Age Discrimination and Employment Act of 1967 (ADEA)Consolidated Omnibus Budget Reconciliation Act, as amended, the Older Workers Benefit Protection Health Insurance Portability and Accountability Act, as amended, the Fair Labor Standards Act, as amended, the Occupational and Safety & Health S▇▇▇▇▇▇▇-▇▇▇▇▇ Act, as amended, the Equal Pay Act wage and hour, wage payment and fair employment practices laws and statutes of the Commonwealth of Massachusetts and any and all other state or states in which Employee has provided services to the Company; or any other federal, state and or local laws or regulations prohibiting employment discrimination or regulating employment or termination of employment. This also includes a release by Employee of any Claims for wrongful discharge, constructive discharge, whistleblowing, breach of contract, and regulations and ordinances and any common law Claims relating to or public policy and arising from his employment or the termination thereof. This Agreement specifically includes any and all claims, demands, rights and causes of action the Employee now has Claims for damages or may have against the Company Parties under common law penalties relating to or in equity includingany way connected with the matters referred to herein, without limitationwhether or not now known or suspected to exist, contract and whether or tort actionsnot specifically or particularly described or referred to herein. Employee acknowledges and fully understands and agrees that the Company Parties may plead this release as a complete defense to expressly waives any claim or entitlement that may be asserted by Employee or other persons or agencies on the Employee's behalf in any suit, grievance right or claim against the Company Parties for of right to assert hereafter that any Claim has, through ignorance, oversight or on account of any matter whatsoever. This does not precludeerror, however, the right of Employee to enforce been omitted from the terms of this Agreement. This release does Employee represents that he has not include a release of heretofore assigned or transferred, or purported to assign or transfer, to any pension benefits for person or entity, any Claim, known or unknown to exist, or any portion thereof or interest therein, which Employee he has or may be eligible under have had against the terms of applicable Company benefits plansor the Company Related Parties.

Appears in 1 contract

Sources: Separation Agreement (Inventiv Health Inc)

Complete Release. In exchange for the compensation Subject to be paid to Employee pursuant to Section 9 of that certain Employment Agreement dated November ____, 1997 between the Employee and the Company (the "Employment Agreement"), which Employee acknowledges he would not otherwise be entitled to receive without signing Paragraph 8 in this Agreement, Employee forever discharges and releases agrees to release the Company, and its affiliatescurrent and former parent companies, subsidiaries, affiliated companies, related companies and joint ventures and each of their respective officers current and former officers, directors, agents board members, shareholders, affiliates and controlling person(s) (if any), employees, attorneys, representatives, predecessors, successors, assigns, divisions, co-employers, vendors, contractors and all other persons acting by, through, under, or representatives in concert with any of them (the "Company Parties"collectively “Releasees”) from and forever promises not to sue the Company Parties for any and all claims, demandscharges, complaints, lawsuits, liabilities, obligations, promises, agreements, damages, ▇▇ghts and actions, causes of action, includingrights, without limitationdemands, claims for compensatory costs, losses, debts and punitive damages expenses, injuries and for injunctive grievances of any and other equitable or declaratory relief, Employee now has or may have against the Company Parties up to the date of signing this Agreement, whether known or unknown, includingevery kind. Said release includes, but is not limited to, claimsa full release of any and all claims for punitive damages, demandsattorneys’ fees, rights and causes injunctive relief, declaratory relief, equitable relief, loss of action arising out wages, loss of Employee's employment and termination thereofother employment, claims of employment discrimination or bias, wrongful discharge, severance back pay, unused front pay, liquidated damages, compensatory damages, personal injury, emotional distress, mental anguish, libel, slander, defamation, vacation and breach of contract pay, sick pay, pension contributions or benefits, medical or health benefits, short or long term disability benefits, and any violation other employee benefits; and any and all claims and demands of any other kind and nature whatsoever, foreseen, unforeseen, or unforeseeable, now known or which may hereafter be discovered relating to his employment with and/or Retirement from Employer, or to any event, act or omission that has occurred as of the date this Agreement is executed, and includes, but is not limited to, to the fullest extent allowed by law, all liability arising from: · Title VII of the Civil Rights Acts of 1964; · the Americans with Disabilities Act of 1964, 1990; · the Civil Rights Family and Medical Leave Act; · Genetic Information Nondiscrimination Act of 1991, 2008 · the Fair Labor Standards Act; · Sections 1981 through 1988 of Title 42 of the United States Code; · the Age Discrimination in Employment Act of 1967; · the Older Workers Benefit and Protection Act of 1990; · the Uniformed Services Employment and Reemployment Act of 1994; · the Employee Retirement Income Security Act of 1974 (ERISA), 1974; · the Americans with Disabilities Act of 1990 (ADA), the Age Discrimination Health Insurance Portability and Employment Act of 1967 (ADEA), the Older Workers Benefit Protection Accountability Act, the Fair Labor Standards Act, ; · the Occupational and Safety & Health Act of 1970; · the Worker Adjustment and Retraining Notification Act, ; · the Equal Pay Act; · Executive Orders 11246 and 11141; · the Rehabilitation Act and of 1973; · any and all other federallocal, state and local laws and municipal, state, or federal statutes, regulations and ordinances and or public policy and ordinances; · any and all claims, demands, rights and causes of action the Employee now has claims arising under state or may have against the Company Parties under federal common law law; · any claims for attorneys’ fees or in equity including, without limitation, contract or tort actions. Employee acknowledges and fully understands and agrees that the Company Parties may plead this release as a complete defense to any claim or entitlement that may be asserted by Employee or other persons or agencies on the Employee's behalf in any suit, grievance or claim against the Company Parties for or on account of any matter whatsoever. This does not preclude, however, the right of Employee to enforce the terms of this Agreement. This release does not include a release of any pension benefits for which Employee may be eligible under the terms of applicable Company benefits planscosts.

Appears in 1 contract

Sources: Retirement and Release Agreement (Fluor Corp)

Complete Release. [John, need a paragraph from Company releasing Exec] (a) In exchange for consideration of the compensation covenants and promises contained herein and subject to be paid to Employee pursuant to Section 9 of that certain Employment Agreement dated November ____the consideration set forth above in SECTION 2, 1997 between Executive hereby knowingly and voluntarily releases, absolves and discharges the Employee Parent and the Company and, as applicable, their partners, attorneys, agents, officers, administrators, directors, employees, affiliates, representatives, and/or assigns and successors, past and present (collectively the "Employment Agreement"), which Employee acknowledges he would not otherwise be entitled to receive without signing this Agreement, Employee forever discharges and releases the Company, its affiliates, subsidiaries, and their respective officers and directors, agents or representatives (the "Company PartiesRELEASEES") from and forever promises not to sue the Company Parties for any and all rights, claims, demands, obligations, damages, ▇▇ghts and losses, causes of actionaction and suits of all kinds and descriptions, includinglegal and equitable, without limitationknown and unknown, claims for compensatory and punitive damages and for injunctive and other equitable or declaratory relief, Employee now has or that Executive may have or ever have had against the Company Parties up Releasees from the beginning of time to the date of signing execution of this Agreement, whether known or unknown, including, but not limited to, any such rights, claims, demands, rights and obligations, damages, losses, causes of action and suits arising out of Employeeof, during or relating to Executive's employment and termination thereofand/or his resignation therefrom. The matters that are the subject of the releases referred to in this paragraph shall be referred to collectively as the "RELEASED MATTERS." This includes, but is not limited to, claims for employment discrimination, wrongful termination, constructive termination, and violation of employment public policy, breach of any express or implied contract, breach of any implied covenant, fraud, intentional or negligent misrepresentation, emotional distress, or any other claims relating to Executive's relationship with the Parent and Company. (b) Executive acknowledges and agrees that this Agreement represents a compromise of known and unknown, asserted and unasserted, and actual and potential claims, and that neither this Agreement nor any compliance herewith or consideration given pursuant hereto, shall be construed as an admission by the Parent or Company of any liability whatsoever, including, but not limited to, any liability for any violation by the Parent or Company of any right of Executive or of any person arising under any law, statute, duty, contract, covenant, or order, or any liability for any act of age discrimination or biasother impermissible form of harassment or discrimination by the Parent or Company against Executive or any other person, wrongful dischargeas prohibited by any state or federal statute or common law, severance payincluding, unused vacation and breach of contract and any violation of but not limited to: (i) Title VII of the Civil Rights Act of 1964, 42 U.S.C. ss. 2000e; (ii) the Civil Rights Americans With Disabilities Act, 42 U.S.C. ss.ss. 12101 ET SEQ.; (iii) the Age Discrimination in Employment Ac▇, ▇▇ U.S.C. ss.ss. 623 ET SEQ.; (iv) the Family and Medical Leave Act; 29 U.S.C. ▇▇.▇s. 2611 ET SEQ.; (v) the California Fair Employment and Hous▇▇▇ ▇ct; Cal. Gov't Code ss.ss. 12940 ET SEQ.; (vi) the California Workers' Compensation Ac▇; ▇▇l. Lab. Code ss.ss. 3600 ET SEQ.; (vii) the Fair Labor Standards Act; 29 U.S.C. ▇▇.▇s. 201 ET SEQ.; (viii) the Consolidated Omnibus Budget Reconcil▇▇▇▇▇n Act of 1991, 1985; 42 U.S.C. ss.ss. 201 ET SEQ.; (ix) Executive Order 11141 (age discrimination); (▇) Section 503 of the Rehabilitation Act of 1973; 29 U.S.C. ss. 701 ET. SEQ.; (xi) the Employee Retirement Income Security Act of 1974 1974, 29 U.S.C. ss.ss. 1001 ET SEQ.; and (ERISA)xii) the laws established by the Calif▇▇▇▇▇ Division of Labor Standards Enforcement, e.g., Cal. Lab. Code ss.ss. 200-272, and that all such liability is expressly disputed a▇▇ ▇▇nied. (c) Executive further understands and acknowledges that: (1) this Agreement constitutes a voluntary waiver of any and all rights and claims he has against the Americans with Disabilities Act Releasees as of 1990 (ADA)the date of the execution of this Agreement, including rights or claims arising under the Federal Age Discrimination and in Employment Act of 1967 ("ADEA"), 29 U.S.C. ss.ss. 621 ET SEQ., as amended by the Older Workers Workers' Benefit Protection ActProtec▇▇▇▇ Act of 1990, except for any allegation that a breach of this Act occurred following the Effective Date; (2) he has waived rights or claims pursuant to this Agreement in exchange for consideration, the Fair Labor Standards Act, value of which exceeds the Occupational and Safety & Health Act, the Equal Pay Act and any and all other federal, state and local laws and regulations and ordinances and payment or public policy and any and all claims, demands, rights and causes remuneration to which he was already entitled; (3) he is hereby advised that he may consult with an attorney of action the Employee now his choosing concerning this Agreement prior to executing it; (4) he has or may have against the Company Parties under common law or in equity including, without limitation, contract or tort actions. Employee acknowledges and fully understands and agrees that the Company Parties may plead this release as been afforded a complete defense period of at least twenty-one (21) days to any claim or entitlement that may be asserted by Employee or other persons or agencies on the Employee's behalf in any suit, grievance or claim against the Company Parties for or on account of any matter whatsoever. This does not preclude, however, the right of Employee to enforce consider the terms of this Agreement, and in the event he should decide to execute this Agreement in fewer than twenty-one days, he has done so with the express understanding that he has been given and declined the opportunity to consider this Agreement for a full twenty-one days; and (5) he may revoke this SECTION 6(c) of the Agreement at any time during the seven (7) days following the date of execution of this Agreement, and this SECTION 6(c) of the Agreement shall not become effective or enforceable until such revocation period has expired. This release does Executive further understands and acknowledges that he may revoke only SECTION 6(c) of this Agreement as it relates to any claim pursuant to the Federal Age Discrimination in Employment Act, and that such revocation, if any, will not include a release affect the effectiveness or enforceability of any pension benefits other of the Released Matters as they are described in SECTION 6(c). (d) In consideration of the covenants and promises contained herein and subject to the consideration set forth above in SECTION 2, Parent and Company hereby knowingly and voluntarily release, absolve and discharge Executive and, as applicable, his attorneys, agents, representatives, and/or assigns and successors, past and present (collectively the "EXECUTIVE RELEASEES") from all rights, claims, demands, obligations, damages, losses, causes of action and suits of all kinds and descriptions, legal and equitable, known and unknown, that the Parent or Company may have or ever have had against the Executive Releasees from the beginning of time to the date of execution of this Agreement, including, but not limited to, any such rights, claims, demands, obligations, damages, losses, causes of action and suits arising out of, during or relating to Executive's employment and/or his resignation therefrom. The matters that are the subject of the releases referred to in this paragraph shall be referred to collectively as the "EXECUTIVE RELEASED MATTERS." This includes, but is not limited to, claims for which Employee may be eligible under employment discrimination, wrongful termination, constructive termination, violation of public policy, breach of any express or implied contract, breach of any implied covenant, fraud, intentional or negligent misrepresentation, emotional distress, or any other claims relating to Executive's relationship with the terms of applicable Company benefits plansParent and Company.

Appears in 1 contract

Sources: Separation Agreement (National Coal Corp)

Complete Release. In exchange for the compensation Subject to be paid to Employee pursuant to Section Paragraph 9 of that certain Employment Agreement dated November ____, 1997 between the Employee and the Company (the "Employment Agreement"), which Employee acknowledges he would not otherwise be entitled to receive without signing in this Agreement, Employee Employee, on his own behalf and on behalf of his heirs, executors, administrators, beneficiaries, representatives, successors and assigns, and all others connected with or claiming through Employee, hereby releases and forever discharges and releases the Company, and its affiliatescurrent and former parent companies, subsidiaries, affiliated companies, related companies and joint ventures and each of their respective officers current and former officers, directors, agents board members, shareholders, affiliates and controlling person(s) (if any), employees, attorneys, representatives, predecessors, successors, assigns, divisions, co-employers, vendors, contractors and all other persons acting by, through, under, or representatives in concert with any of them (the "Company Parties"collectively “Releasees”) from and forever promises not to sue the Company Parties for any and all claims, demandscharges, complaints, lawsuits, liabilities, obligations, promises, agreements, damages, ▇▇ghts and actions, causes of action, includingrights, without limitationdemands, claims for compensatory costs, losses, debts and punitive damages expenses, injuries and for injunctive grievances of any and other equitable or declaratory relief, Employee now has or may have against the Company Parties up to the date of signing this Agreement, whether known or unknown, includingevery kind. Said release includes, but is not limited to, claimsa full release of any and all claims for punitive damages, demandsattorneys’ fees, rights and causes injunctive relief, declaratory relief, equitable relief, loss of action arising out wages, loss of Employee's employment and termination thereofother employment, claims of employment discrimination or biasback pay, wrongful dischargefront pay, notice pay, severance pay, unused liquidated damages, compensatory damages, personal injury, emotional distress, mental anguish, libel, slander, defamation, vacation and breach of contract pay, sick pay, pension contributions or benefits, medical or health benefits, short or long term disability benefits, and any violation other employee benefits; and any and all claims and demands of any other kind and nature whatsoever, foreseen, unforeseen, or unforeseeable, now known or which may hereafter be discovered relating to his employment with and/or the cessation of his employment with the Company, or to any event, act or omission that has occurred as of the date this Agreement is executed, and includes, but is not limited to, to the fullest extent allowed by law, all liability arising from: • Title VII of the Civil Rights Acts of 1964; • the Americans with Disabilities Act of 1964, 1990; • the Civil Rights Family and Medical Leave Act; • Genetic Information Nondiscrimination Act of 1991, 2008 • the Fair Labor Standards Act; • Sections 1981 through 1988 of Title 42 of the United States Code; • the Age Discrimination in Employment Act of 1967; • the Older Workers Benefit and Protection Act of 1990; • the Uniformed Services Employment and Reemployment Act of 1994; • the Employee Retirement Income Security Act of 1974 (ERISA), 1974; • the Americans with Disabilities Act of 1990 (ADA), the Age Discrimination Health Insurance Portability and Employment Act of 1967 (ADEA), the Older Workers Benefit Protection Accountability Act, the Fair Labor Standards Act, ; • the Occupational and Safety & Health Act of 1970; • the Worker Adjustment and Retraining Notification Act, ; • the Equal Pay Act; • Executive Orders 11246 and 11141; • the Rehabilitation Act and of 1973; • any and all other federallocal, state and local laws and municipal, state, or federal statutes, regulations and ordinances and or public policy and ordinances; • any and all claims, demands, rights claims arising under state or federal common law; • any and causes of action the Employee now has all claims arising under any other law; • any claims for attorneys’ fees or may have against the Company Parties under common law or in equity including, without limitation, contract or tort actions. Employee acknowledges and fully understands and agrees that the Company Parties may plead this release as a complete defense to any claim or entitlement that may be asserted by Employee or other persons or agencies on the Employee's behalf in any suit, grievance or claim against the Company Parties for or on account of any matter whatsoever. This does not preclude, however, the right of Employee to enforce the terms of this Agreement. This release does not include a release of any pension benefits for which Employee may be eligible under the terms of applicable Company benefits planscosts.

Appears in 1 contract

Sources: Separation and Release Agreement (Fluor Corp)

Complete Release. In exchange for the compensation to be paid to Employee pursuant to Section 9 of that certain Employment Agreement dated November ____, 1997 between the Employee and the Company (the "Employment Agreement"), which Employee acknowledges he would not otherwise be entitled to receive without signing this Agreement, Employee forever discharges and releases the Company, its affiliates, subsidiaries, and their respective officers and directors, agents or representatives (the "Company Parties") from and forever promises not to sue the ▇▇▇ Company Parties for any and all claims, demands, damages, ▇▇ghts rights and causes of action, including, without limitation, claims for compensatory and punitive damages and for injunctive and other equitable or declaratory relief, Employee now has or may have against the Company Parties up to the date of signing this Agreement, whether known or unknown, including, but not limited to, claims, demands, rights and causes of action arising out of Employee's 'S employment and termination thereof, claims of employment discrimination or bias, wrongful discharge, severance pay, unused vacation and breach of contract and any violation of Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974 (ERISA), the Americans with Disabilities Act of 1990 (ADA), the Age Discrimination and Employment Act of 1967 (ADEA), the Older Workers Benefit Protection Act, the Fair Labor Standards Act, the Occupational and Safety & Health Act, the Equal Pay Act and any and all other federal, state and local laws and regulations and ordinances and or public policy and any and all claims, demands, rights and causes of action the Employee now has or may have against the Company Parties under common law or in equity including, without limitation, contract or tort actions. Employee acknowledges and fully understands and agrees that the Company Parties may plead this release as a complete defense to any claim or entitlement that may be asserted by Employee or other persons or agencies on the Employee's behalf in any suit, grievance or claim against the Company Parties for or on account of any matter whatsoever. This does not preclude, however, the right of Employee to enforce the terms of this Agreement. This release does not include a release of any pension benefits for which Employee may be eligible under the terms of applicable Company benefits plans.

Appears in 1 contract

Sources: Employment Agreement (Mascotech Inc)

Complete Release. In exchange for the compensation Subject to be paid to Employee pursuant to Section Paragraph 9 of that certain Employment Agreement dated November ____, 1997 between the Employee and the Company (the "Employment Agreement"), which Employee acknowledges he would not otherwise be entitled to receive without signing in this Agreement, Employee Employee, on his own behalf and on behalf of his heirs, executors, administrators, beneficiaries, representatives, successors and assigns, and all others connected with or claiming through Employee, hereby releases and forever discharges and releases the Company, and its affiliatescurrent and former parent companies, subsidiaries, affiliated companies, related companies and joint ventures and each of their respective officers current and former officers, directors, agents board members, shareholders, affiliates and controlling person(s) (if any), employees, attorneys, representatives, predecessors, successors, assigns, divisions, co-employers, vendors, contractors and all other persons acting by, through, under, or representatives in concert with any of them (the "Company Parties"collectively “Releasees”) from and forever promises not to sue the Company Parties for any and all claims, demandscharges, complaints, lawsuits, liabilities, obligations, promises, agreements, damages, ▇▇ghts and actions, causes of action, includingrights, without limitationdemands, claims for compensatory costs, losses, debts and punitive damages expenses, injuries and for injunctive grievances of any and other equitable or declaratory relief, Employee now has or may have against the Company Parties up to the date of signing this Agreement, whether known or unknown, includingevery kind. Said release includes, but is not limited to, claimsa full release of any and all claims for punitive damages, demandsattorneys’ fees, rights and causes injunctive relief, declaratory relief, equitable relief, loss of action arising out wages, loss of Employee's employment and termination thereofother employment, claims of employment discrimination or biasback pay, wrongful dischargefront pay, notice pay, severance pay, unused liquidated damages, compensatory damages, personal injury, emotional distress, mental anguish, libel, slander, defamation, vacation and breach of contract pay, sick pay, pension contributions or benefits, medical or health benefits, short or long term disability benefits, and any violation other employee benefits; and any and all claims and demands of any other kind and nature whatsoever, foreseen, unforeseen, or unforeseeable, now known or which may hereafter be discovered relating to his employment with and/or the cessation of his employment with the Company, or to any event, act or omission that has occurred as of the date this Agreement is executed, and includes, but is not limited to, to the fullest extent allowed by law, all liability arising from: • Title VII of the Civil Rights Acts of 1964; • the Americans with Disabilities Act of 1964, 1990; • the Civil Rights Family and Medical Leave Act; • Genetic Information Nondiscrimination Act of 1991, 2008 • the Fair Labor Standards Act; • Sections 1981 through 1988 of Title 42 of the United States Code; • the Age Discrimination in Employment Act of 1967; • the Older Workers Benefit and Protection Act of 1990; • the Uniformed Services Employment and Reemployment Act of 1994; • the Employee Retirement Income Security Act of 1974 (ERISA), 1974; • the Americans with Disabilities Act of 1990 (ADA), the Age Discrimination Health Insurance Portability and Employment Act of 1967 (ADEA), the Older Workers Benefit Protection Accountability Act, the Fair Labor Standards Act, ; • the Occupational and Safety & Health Act of 1970; • the Worker Adjustment and Retraining Notification Act, ; • the Equal Pay Act; • Executive Orders 11246 and 11141; • the Rehabilitation Act and of 1973; • any and all other federallocal, state and local laws and municipal, state, or federal statutes, regulations and ordinances and or public policy and ordinances; • any and all claims, demands, rights claims arising under state or federal common law; • any and causes of action the Employee now has all claims arising under any other law; and Retirement and Release Agreement-Page 6 • any claims for attorneys’ fees or may have against the Company Parties under common law or in equity including, without limitation, contract or tort actions. Employee acknowledges and fully understands and agrees that the Company Parties may plead this release as a complete defense to any claim or entitlement that may be asserted by Employee or other persons or agencies on the Employee's behalf in any suit, grievance or claim against the Company Parties for or on account of any matter whatsoever. This does not preclude, however, the right of Employee to enforce the terms of this Agreement. This release does not include a release of any pension benefits for which Employee may be eligible under the terms of applicable Company benefits planscosts.

Appears in 1 contract

Sources: Retirement and Release Agreement (Fluor Corp)