Common use of General Release and Covenant Not to ▇▇▇ Clause in Contracts

General Release and Covenant Not to ▇▇▇. In return for the Consideration in Section 2(b), ▇▇▇▇▇▇▇▇ fully and forever discharges and releases the Company, its subsidiaries and affiliates, and each of their respective officers, directors, managers, employees, agents, attorneys and successors and assigns (collectively, the “FARO Companies”) from any and all claims or causes of action, known or unknown, for relief of any nature, arising on or before the date of this Agreement, which ▇▇▇▇▇▇▇▇ now has or claims to have or which ▇▇▇▇▇▇▇▇ at any time prior to signing this Agreement had, against the FARO Companies, including, but in no way limited to: any claim arising from or related to ▇▇▇▇▇▇▇▇’▇ employment by FARO or the termination of ▇▇▇▇▇▇▇▇’▇ employment with FARO, including but not limited to any claim under the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act (“OWBPA”), Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1981, the Americans With Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Equal Pay Act (“EPA”), the Occupational Safety and Health Act (“OSHA”), the Florida Civil Rights Act and any and all other local, state, and federal law claims arising under statute or common law. ▇▇▇▇▇▇▇▇ also agrees not to file a lawsuit against any of the FARO Companies in connection with such released claims. ▇▇▇▇▇▇▇▇ agrees that if anyone makes a claim or undertakes an investigation involving him in any way, ▇▇▇▇▇▇▇▇ waives any and all rights and claims to financial recovery resulting from such claim or investigation. ▇▇▇▇▇▇▇▇ further represents that he has not assigned to any other person any of such claims, and that he has the full right to grant this release. It is agreed that this is a general release and it is to be broadly construed as a release of all claims, except those that cannot be released by law. By signing this Agreement, ▇▇▇▇▇▇▇▇ acknowledges that he is doing so knowingly and voluntarily, that he understands that he may be releasing claims he may not know about, and that he is waiving all rights he may have had under any law that is intended to protect him from waiving unknown claims. Notwithstanding the foregoing, nothing in this Section 3 shall affect ▇▇▇▇▇▇▇▇’▇ right to indemnification pursuant to Article 6 of the Company’s Amended and Restated Articles of Incorporation.

Appears in 2 contracts

Sources: Transition and Separation Agreement, Transition and Separation Agreement (Faro Technologies Inc)

General Release and Covenant Not to ▇▇▇. In return for the Consideration in Section 2(b), ▇▇▇▇▇▇▇▇ fully and forever discharges and releases the Company, its subsidiaries and affiliates, and each of their respective officers, directors, managers, employees, agents, attorneys and successors and assigns (collectively, the “FARO Companies”) from any and all claims or causes of action, known or unknown, for relief of any nature, arising on or before the date of this Agreement, which ▇▇▇▇▇▇▇▇ now has or claims to have or which ▇▇▇▇▇▇▇▇ at any time prior to signing this Agreement had, against the FARO Companies, including, but in no way limited to: any claim arising from or related to ▇▇▇▇▇▇▇▇’▇ employment by FARO or the termination of ▇▇▇▇▇▇▇▇’▇ employment with FARO, including but not limited to any claim under the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act (“OWBPA”), Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1981, the Americans With Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Equal Pay Act (“EPA”), the Occupational Safety and Health Act (“OSHA”), the Florida Civil Rights Act and any and all other local, state, and federal law claims arising under statute or common law. ▇▇▇▇▇▇▇▇ also agrees not to file a lawsuit against any of the FARO Companies in connection with such released claims. ▇▇▇▇▇▇▇▇ agrees that if anyone makes a claim or undertakes an investigation involving him her in any way, ▇▇▇▇▇▇▇▇ waives any and all rights and claims to financial recovery resulting from such claim or investigation. ▇▇▇▇▇▇▇▇ further represents that he she has not assigned to any other person any of such claims, and that he she has the full right to grant this release. It is agreed that this is a general release and it is to be broadly construed as a release of all claims, except those that cannot be released by law. By signing this Agreement, ▇▇▇▇▇▇▇▇ acknowledges that he she is doing so knowingly and voluntarily, that he she understands that he she may be releasing claims he she may not know about, and that he she is waiving all rights he she may have had under any law that is intended to protect him her from waiving unknown claims. Notwithstanding the foregoing, nothing in this Section 3 shall affect ▇▇▇▇▇▇▇▇’▇ right to indemnification pursuant to Article 6 of the Company’s Amended and Restated Articles of Incorporation.

Appears in 2 contracts

Sources: Transition and Separation Agreement, Transition and Separation Agreement (Faro Technologies Inc)

General Release and Covenant Not to ▇▇▇. In return for the Consideration described in Section 2(b), ▇▇▇▇▇▇▇▇ Arezone fully and forever discharges and releases the Company, its subsidiaries and affiliates, and each of their respective officers, directors, managers, employees, agents, attorneys and successors and assigns (collectively, the “FARO Companies”) from any and all claims or causes of action, known or unknown, for relief of any nature, arising on or before the date of this Agreement, which ▇▇▇▇▇▇▇▇ Arezone now has or claims to have or which ▇▇▇▇▇▇▇▇ Arezone at any time prior to signing this Agreement had, against the FARO Companies, including, but in no way limited to: any claim arising from or related to ▇▇▇▇▇▇▇▇’▇ Arezone’s employment by FARO or the termination of ▇▇▇▇▇▇▇▇’▇ Arezone’s employment with FARO, including but not limited to any claim under the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act (“OWBPA”), Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1981, the Americans With Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Equal Pay Act (“EPA”), the Occupational Safety and Health Act (“OSHA”), the Florida Civil Rights Act and any and all other local, state, and federal law claims arising under statute or common law. ▇▇▇▇▇▇▇▇ Arezone also agrees not to file a lawsuit against any of the FARO Companies in connection with such released claims. ▇▇▇▇▇▇▇▇ Arezone agrees that if anyone makes a claim or undertakes an investigation involving him in any way, ▇▇▇▇▇▇▇▇ Arezone waives any and all rights and claims to financial recovery resulting from such claim or investigation. ▇▇▇▇▇▇▇▇ Arezone further represents that he has not assigned to any other person any of such claims, and that he has the full right to grant this release. It is agreed that this is a general release and it is to be broadly construed as a release of all claims, except those that cannot be released by law. By signing this Agreement, ▇▇▇▇▇▇▇▇ Arezone acknowledges that he is doing so knowingly and voluntarily, that he understands that he may be releasing claims he may not know about, and that he is waiving all rights he may have had under any law that is intended to protect him from waiving unknown claims. Notwithstanding the foregoing, nothing in this Section 3 shall affect ▇▇▇▇▇▇▇▇’▇ Arezone’s right to indemnification pursuant to Article 6 of the Company’s Amended and Restated Articles of Incorporation.

Appears in 1 contract

Sources: Transition and Separation Agreement (Faro Technologies Inc)

General Release and Covenant Not to ▇▇▇. In return for the Consideration Separation Compensation described in Section 2(b), ▇▇▇▇▇▇▇▇ fully and forever discharges and releases the Company, its subsidiaries and affiliates, and each of their respective officers, directors, managers, employees, agents, attorneys and successors and assigns (collectively, the “FARO Companies”) from any and all claims or causes of action, known or unknown, for relief of any nature, arising on or before the date of this Agreement, which ▇▇▇▇▇▇▇▇ now has or claims to have or which ▇▇▇▇▇▇▇▇ at any time prior to signing this Agreement had, against the FARO Companies, including, but in no way limited to: any claim arising from or related to ▇▇▇▇▇▇▇▇’▇ employment by FARO or the termination of ▇▇▇▇▇▇▇▇’▇ employment with FARO, including but not limited to any claim under the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act (“OWBPA”), Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1981, the Americans With Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), the Employee Retirement Income Security Act (“ERISA”), the Equal Pay Act (“EPA”), the Occupational Safety and Health Act (“OSHA”), the Florida Civil Rights Act and any and all other local, state, and federal law claims arising under statute or common law. ▇▇▇▇▇▇▇▇ also agrees not to file a lawsuit against any of the FARO Companies in connection with such released claims. ▇▇▇▇▇▇▇▇ agrees that if anyone makes a claim or undertakes an investigation involving him in any way, ▇▇▇▇▇▇▇▇ waives any and all rights and claims to financial recovery resulting from such claim or investigation. ▇▇▇▇▇▇▇▇ further represents that he has not assigned to any other person any of such claims, and that he has the full right to grant this release. It is agreed that this is a general release and it is to be broadly construed as a release of all claims, except those that cannot be released by law. By signing this Agreement, ▇▇▇▇▇▇▇▇ acknowledges that he is doing so knowingly and voluntarily, that he understands that he may be releasing claims he may not know about, and that he is waiving all rights he may have had under any law that is intended to protect him from waiving unknown claims. Notwithstanding the foregoing, nothing in this Section 3 shall affect ▇▇▇▇▇▇▇▇’▇ right to indemnification pursuant to Article 6 of the Company’s Amended and Restated Articles of Incorporation.

Appears in 1 contract

Sources: Transition and Separation Agreement (Faro Technologies Inc)