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

General Release of Claims and Covenant Not to ▇▇▇. (a) In consideration of ▇▇▇▇▇▇’▇ continued employment, the Base Salary set forth in Paragraph 2 (c), the benefits described in Paragraph 2(d), the Severance Pay set forth in Paragraph 3 and the other additional benefits as set forth in Paragraphs 4(a), 4(b), and 4(c), and Intermex’s and Interwire’s other promises and obligations under this Agreement, ▇▇▇▇▇▇ hereby releases, acquits and forever discharges Intermex, Interwire and their related entities, affiliates, divisions, subsidiaries, benefit plans, parent entities, predecessors, successors, assigns, as well as their current and former employees, members, benefit plan administrators, officers, directors, agents, representatives, owners, consultants, attorneys, insurers, reinsurers and shareholders of and from any and all claims, liability, lawsuits, demands, actions (administrative, contracted or otherwise), grievances, loss, damage and/or causes of action of any kind or nature whatsoever, known or unknown, anticipated or unanticipated, past or present, which may exist as of the date ▇▇▇▇▇▇ executes this Agreement. Intermex, Interwire and their related entities, affiliates, divisions, subsidiaries, benefit plans, parent entities, predecessors, successors, assigns, as well as their current and former employees, members, benefit plan administrators, officers, directors, agents, representatives, owners, consultants, attorneys, insurers, reinsurers and shareholders shall be collectively referred to herein as the “Releasees.” This waiver and release includes, but is not limited to, any claims, liability, lawsuits, grievances, demands, actions (administrative or otherwise), loss, damage, and/or causes of action arising out of or related to ▇▇▇▇▇▇’▇ employment with Intermex, ▇▇▇▇▇▇’▇ membership interests in Interwire, ▇▇▇▇▇▇’▇ separation from employment, ▇▇▇▇▇▇’▇ resignation as Chief Financial Officer of Intermex and/or the relationship (employment, contractual or otherwise) between ▇▇▇▇▇▇ and the Releasees. This waiver and release also includes, but is not limited to, any and all claims of personal, physical and/or emotional injury, condition or illness allegedly suffered by ▇▇▇▇▇▇, whether such claims sound in contract, equity, tort or otherwise. This waiver and release specifically includes, but is not limited to, claims arising under or relating to the Age Discrimination in Employment Act (ADEA), any discrimination, retaliation or whistleblowing laws, the Equal Pay Act of 1963, the Civil Rights Act of 1866 (and as amended), the Pregnancy Discrimination Act, the Genetic Information Nondiscrimination Act (▇▇▇▇), the Rehabilitation Act of 1973, the Family Medical Leave Act (FMLA), the Sarbanes Oxley Act, the Employee Retirement Income Security Act of 1974 (ERISA), the Americans with Disabilities Act of 1990 (ADA), the Americans with Disabilities Amendments Act, the Rehabilitation Act of 1973, the Civil Rights Act of 1964, the Older Workers Benefit Protection Act (OWBPA), the Florida Civil Rights Act of 1992, the Florida and Federal whistleblower statutes, the Florida Wage Discrimination Law, the Florida Equal Pay Act, the Florida AIDS Act, the Florida Discrimination on the Basis of Sickle Cell Trait Law, the Florida OSHA Law, the Florida Wage Payment Laws, Florida’s statutory provisions regarding retaliation/discrimination for filing a workers’ compensation claim, all as amended as of the date hereof, as well as claims under any and all other federal, state (Florida, Delaware or otherwise) or local statutes, rules, regulations, orders or common law principles governing ▇▇▇▇▇▇’▇ employment with and/or separation from Intermex, ▇▇▇▇▇▇’▇ membership interests in Interwire, the termination of ▇▇▇▇▇▇’▇ membership interests in Interwire, ▇▇▇▇▇▇’▇ resignation as Chief Financial Officer of Intermex and/or ▇▇▇▇▇▇’▇ relationship (employment, contracted, or otherwise) with the Releasees. ▇▇▇▇▇▇ acknowledges and agrees that he has been properly paid for all hours worked (including any overtime). ▇▇▇▇▇▇ acknowledges and agrees that he has been provided all commissions, payments, bonuses, incentive compensation, equity and/or other compensation (monetary or otherwise) that are owed to him. ▇▇▇▇▇▇ acknowledges and agrees that he has not suffered any on-the-job injury while employed by the Company for which he has not already filed a claim. ▇▇▇▇▇▇ acknowledges and agrees that he has provided the Company with notice of any and all concerns regarding suspected ethical and compliance issues or violations on the part of any of the Releasees and that he has not received any unfair treatment as a result of that notice. ▇▇▇▇▇▇ acknowledges and agrees that he has been properly provided any leave of absence because of his or a family member’s health condition, and that he has not been subjected to any improper treatment, conduct or actions due to or related to his request for, or his taking of, any leave of absence because of his or a family member’s health condition. ▇▇▇▇▇▇ acknowledges and agrees that he has been fully paid for any business related expenses. (b) ▇▇▇▇▇▇ agrees not to file a lawsuit, demand, or other action against the Releasees based upon or relating to any of the claims released by this Agreement (other than a future lawsuit to enforce the terms of this Agreement or for breach of this Agreement). This promise not to ▇▇▇ does not apply to claims under the OWBPA or the ADEA. Although ▇▇▇▇▇▇ is releasing all claims that he may have under the OWBPA and ADEA, ▇▇▇▇▇▇ understands that he may challenge the knowing and voluntary nature of this release before a court, the Equal Employment Opportunity Commission (EEOC), National Labor Relations Board (NLRB), or any other federal, state or local agency charged with the enforcement of any employment laws. ▇▇▇▇▇▇ understands, however, that if he pursues a claim against any of the Releasees under the OWBPA and/or the ADEA to challenge the validity of this release and prevails on the merits of an ADEA claim, a court has the discretion to determine whether the Releasees are entitled to restitution, recoupment, or set off (hereinafter “reduction”) against a monetary award obtained by ▇▇▇▇▇▇ in the court proceeding. A reduction never can exceed the amount ▇▇▇▇▇▇ recovers, or the consideration ▇▇▇▇▇▇ received for signing this release, whichever is less. ▇▇▇▇▇▇ also recognizes that the Releasees may be entitled to recover costs and attorneys’ fees incurred by it as specifically authorized under applicable law. (c) ▇▇▇▇▇▇ represents and warrants that he has filed no claims, lawsuits, charges, grievances, or causes of action of any kind against any of the Releasees and that, to the best of his knowledge, he possesses no such claims. (d) ▇▇▇▇▇▇ acknowledges and agrees that, by virtue of the Company’s promises, representations and warranties as set forth in this Agreement, he has received fair economic value for any and all potential claims or causes of action he may have against the Releasees, and that he is not entitled to any other damages or relief.