General Release and Covenant Not to ▇▇▇. [ ] (“Executive”), on Executive’s own behalf and on behalf of Executive’s descendants, dependents, heirs, executors and administrators and permitted assigns, past and present (“Executive Related Parties”), in consideration for the amounts payable and benefits to be provided to Executive under that Amended and Restated Employment Agreement dated as of [ ], 2017, between ILG, Inc., a Delaware corporation (the “Company”), and Executive (the “Employment Agreement”), hereby covenants not to ▇▇▇ or pursue any litigation against, and waives, releases and discharges the Company, its Affiliates (as defined in the Employment Agreement), their respective predecessors and successors, and all of the respective current or former directors, officers, employees, shareholders, partners, members, managers, agents, assigns, representatives, trustees (in their official and individual capacities) or employee benefit plans and their administrators and fiduciaries (in their official and individual capacities) of any of the foregoing, and each of their affiliates, predecessors, successors and assigns (collectively, the “Releasees”), from any and all claims, demands, rights, judgments, defenses, actions, complaints, charges or causes of action whatsoever, of any and every kind and description, whether under common law, statute or otherwise, in law or in equity, whether known or unknown, accrued or not accrued, that Executive ever had, now have or shall or may have or assert as of the date of this General Release and Covenant Not to ▇▇▇ against the Releasees by reason of facts or omissions which have occurred on or prior to the date of this General Release and Covenant Not to ▇▇▇, including, without limitation, any complaint, charge or cause of action relating to Executive’s employment with the Company or the termination thereof or Executive’s service as an officer or director of any member of the Company or its Affiliates or the termination of such service, and including, without limitation, any claims, demands, rights, judgments, defenses, actions, charges or causes of action related to employment or termination of employment or that arise out of or relate in any way to the Age Discrimination in Employment Act of 1967 (“ADEA,” a law that prohibits discrimination on the basis of age), the Older Workers Benefit Protection Act, the National Labor Relations Act, the Civil Rights Act of 1991, the Americans With Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act, the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, all as amended, and other Federal, state and local laws relating to employment or discrimination on the basis of age, sex or other protected class, all claims under Federal, state or local laws for express or implied breach of contract, wrongful discharge, defamation, intentional infliction of emotional distress, and any related claims for attorneys’ fees and costs (collectively, “Claims”) (the “Release”); provided, however, that nothing herein shall release the Company from (i) any of its obligations to Executive under the Employment Agreement (including, without limitation, its obligation to pay the amounts and provide the benefits upon which this General Release and Covenant Not to ▇▇▇ is conditioned); (ii) any rights Executive may have in respect of accrued vested benefits under the employee benefit plans of the Company and its subsidiaries (other than severance or termination benefits); (iii) any rights Executive may have to indemnification under the Employment Agreement, the Company’s by-laws, other applicable law, or any insurance coverage or other benefits under any directors and officers insurance or similar policies; or (iv) any rights Executive and the Executive Related Parties may have to obtain contribution as permitted by applicable law in the event of an entry of judgment against Executive and the Company as a result of any act or failure to act for which Executive and the Company are held jointly liable (collectively, the “Unreleased Claims”).
Appears in 2 contracts
Sources: Employment Agreement (ILG, Inc.), Employment Agreement (ILG, Inc.)
General Release and Covenant Not to ▇▇▇. [ ] (“Executive”)Except for those obligations created by or arising out of this Agreement, on Executive’s own behalf and Executive on behalf of Executive’s himself, his descendants, dependents, heirs, executors and administrators and permitted executors, administrators, assigns, past and present (“Executive Related Parties”), in consideration for the amounts payable and benefits to be provided to Executive under that Amended and Restated Employment Agreement dated as of [ ], 2017, between ILG, Inc., a Delaware corporation (the “Company”)successors, and Executive (the “Employment Agreement”)each of them, hereby covenants not to ▇▇▇ or pursue any litigation against, and waives, fully releases and discharges the Company, its Affiliates (as defined in the Employment Agreement), their respective predecessors and successorsAlaska, and all its parent, subsidiaries and affiliates, past and present, and each of the respective current or former them, as well as its and their trustees, directors, officers, agents, attorneys, insurers, employees, shareholdersstockholders, partners, members, managers, agentsrepresentatives, assigns, representativesand successors, trustees (in their official past and individual capacities) or employee benefit plans and their administrators and fiduciaries (in their official and individual capacities) of any of the foregoingpresent, and each of their affiliatesthem, predecessors, successors hereinafter together and assigns (collectively, the collectively referred to as “Releasees”), ,” with respect to and from any and all claims, wages, demands, rights, judgmentsliens, defensesagreements, contracts, covenants, actions, complaintssuits, charges or causes of action whatsoeveraction, obligations, debts, costs, expenses, attorneys’ fees, damages, judgments, orders and liabilities of any and every whatever kind and description, whether under common or nature in law, statute equity or otherwise, in law or in equity, whether now known or unknown, accrued suspected or unsuspected, and whether or not accruedconcealed or hidden, that Executive ever had, which he now have owns or shall holds or he has at any time heretofore owned or held or may have in the future hold as against said Releasees, including any claims arising out of or assert as of in any way connected with his employment relationship with Alaska, or his separation from the date of this General Release and Covenant Not to ▇▇▇ against the Releasees by reason of facts same, or any other transactions, occurrences, acts or omissions which have occurred or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of said Releasees, or any of them, committed or omitted prior to the date of this General Release and Covenant Not to ▇▇▇, Agreement including, without limitationlimiting the generality of the foregoing, any complaint, charge or cause of action relating to Executive’s employment with the Company or the termination thereof or Executive’s service as an officer or director of any member of the Company or its Affiliates or the termination of such service, and including, without limitation, any claims, demands, rights, judgments, defenses, actions, charges or causes of action related to employment or termination of employment or that arise out of or relate in any way to the Age Discrimination in Employment Act of 1967 (“ADEA,” a law that prohibits discrimination on the basis of age), the Older Workers Benefit Protection Act, the National Labor Relations Act, the Civil Rights Act of 1991, the Americans With Disabilities Act of 1990, claim under Title VII of the Civil Rights Act of 19641964 (as amended), the Employee Retirement Income Security Act of 1974Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, all as amended, and other Federal, state and local laws relating to employment or discrimination on the basis of age, sex or other protected class, all claims under Federal, state or local laws for express or implied breach of contract, wrongful discharge, defamation, intentional infliction of emotional distress, and any related claims for attorneys’ fees and costs (collectively, “Claims”) 1993 (the “ReleaseFMLA”); provided, the Washington Law Against Discrimination, the Washington Age Discrimination Law, or any claim for severance pay, bonus, sick leave, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit. This release does not, however, cover any claim that nothing herein shall release the Company from (i) any cannot be released as a matter of its obligations to Executive under the Employment Agreement (including, without limitation, its obligation to pay the amounts and provide the benefits upon which this General Release and Covenant Not to ▇▇▇ is conditioned); (ii) any rights Executive may have in respect of accrued vested benefits under the employee benefit plans of the Company and its subsidiaries (other than severance or termination benefits); (iii) any rights Executive may have to indemnification under the Employment Agreement, the Company’s by-laws, other applicable law, or . Executive acknowledges and agrees that he has received any insurance coverage or and all leave and other benefits under any directors that the has been and officers insurance or similar policies; or (iv) any rights Executive and the Executive Related Parties may have is entitled to obtain contribution as permitted by applicable law in the event of an entry of judgment against Executive and the Company as a result of any act or failure pursuant to act for which Executive and the Company are held jointly liable (collectively, the “Unreleased Claims”)FMLA.
Appears in 2 contracts
Sources: Employment Agreement (Alaska Air Group Inc), Employment Agreement (Alaska Air Group Inc)
General Release and Covenant Not to ▇▇▇. [ ] (“Executive”)Except for those obligations created by or arising out of this Agreement, on Executive’s own behalf and Executive on behalf of Executive’s himself, his descendants, dependents, heirs, executors and administrators and permitted executors, administrators, assigns, past and present (“Executive Related Parties”), in consideration for the amounts payable and benefits to be provided to Executive under that Amended and Restated Employment Agreement dated as of [ ], 2017, between ILG, Inc., a Delaware corporation (the “Company”)successors, and Executive (the “Employment Agreement”)each of them, hereby covenants not to ▇▇▇ or pursue any litigation against, and waives, fully releases and discharges the Company, its Affiliates (as defined in the Employment Agreement), their respective predecessors and successorsAlaska, and all its parent, subsidiaries and affiliates, past and present, and each of the respective current or former them, as well as its and their trustees, directors, officers, agents, attorneys, insurers, employees, shareholdersstockholders, partners, members, managers, agentsrepresentatives, assigns, representativesand successors, trustees (in their official past and individual capacities) or employee benefit plans and their administrators and fiduciaries (in their official and individual capacities) of any of the foregoingpresent, and each of their affiliatesthem, predecessors, successors hereinafter together and assigns (collectively, the collectively referred to as “Releasees”), ,” with respect to and from any and all claims, wages, demands, rights, judgmentsliens, defensesagreements, contracts, covenants, actions, complaintssuits, charges or causes of action whatsoeveraction, obligations, debts, costs, expenses, attorneys’ fees, damages, judgments, orders and liabilities of any and every whatever kind and description, whether under common or nature in law, statute equity or otherwise, in law or in equity, whether now known or unknown, accrued suspected or unsuspected, and whether or not accruedconcealed or hidden, that Executive ever had, which he now have owns or shall holds or he has at any time heretofore owned or held or may have in the future hold as against said Releasees, including any claims arising out of or assert as of in any way connected with his employment relationship with Alaska, or his voluntary retirement from the date of this General Release and Covenant Not to ▇▇▇ against the Releasees by reason of facts same, or any other transactions, occurrences, acts or omissions which have occurred or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of said Releasees, or any of them, committed or omitted prior to the date of this General Release and Covenant Not to ▇▇▇, Agreement including, without limitationlimiting the generality of the foregoing, any complaint, charge or cause of action relating to Executive’s employment with the Company or the termination thereof or Executive’s service as an officer or director of any member of the Company or its Affiliates or the termination of such service, and including, without limitation, any claims, demands, rights, judgments, defenses, actions, charges or causes of action related to employment or termination of employment or that arise out of or relate in any way to the Age Discrimination in Employment Act of 1967 (“ADEA,” a law that prohibits discrimination on the basis of age), the Older Workers Benefit Protection Act, the National Labor Relations Act, the Civil Rights Act of 1991, the Americans With Disabilities Act of 1990, claim under Title VII of the Civil Rights Act of 19641964 (as amended), the Employee Retirement Income Security Act of 1974Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave ActAct of 1993, the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002, all as amended, and other Federal, state and local laws relating to employment or discrimination on the basis of age, sex or other protected class, all claims under Federal, state or local laws for express or implied breach of contract, wrongful discharge, defamation, intentional infliction of emotional distress, and any related claims for attorneys’ fees and costs (collectively, “Claims”) (the “Release”); provided, however, that nothing herein shall release the Company from (i) any of its obligations to Executive under the Employment Agreement (including, without limitation, its obligation to pay the amounts and provide the benefits upon which this General Release and Covenant Not to ▇▇▇ is conditioned); (ii) any rights Executive may have in respect of accrued vested benefits under the employee benefit plans of the Company and its subsidiaries (other than severance or termination benefits); (iii) any rights Executive may have to indemnification under the Employment AgreementWashington Law Against Discrimination, the Company’s by-laws, other applicable lawWashington Age Discrimination Law, or any insurance coverage claim for severance pay, bonus, sick leave, holiday pay, vacation pay, life insurance, health or other benefits under any directors and officers medical insurance or similar policies; or (iv) any rights Executive and the Executive Related Parties may have to obtain contribution as permitted by applicable law in the event of an entry of judgment against Executive and the Company as a result of any act or failure to act for which Executive and the Company are held jointly liable (collectively, the “Unreleased Claims”)other fringe benefit.
Appears in 1 contract
Sources: Retirement and Non Compete Agreement (Alaska Airlines Inc)