Common use of Mutual General Release Clause in Contracts

Mutual General Release. A. In return for the consideration referenced in this Agreement, I, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, agree to the following: I agree, on behalf of myself and all of my heirs or personal representatives, to release Sunset, its parent companies, subsidiaries, all affiliates of each, predecessors and successors, and all of its present or former officers, trust managers, directors, managers, representatives, employees, agents, attorneys, employee benefit programs, and the trustees, administrators, fiduciaries and insurers of such programs (collectively the “Company Released Parties”), from any and all claims for relief of any kind, whether known to me or unknown, which in any way arise out of or relate to my employment at Sunset or any of the Company Released Parties, the separation of my employment at Sunset or any of the Company Released Parties, any agreements between Sunset or any of the Company Released Parties and me, including but not limited to the Employment Agreement, and concerning any set of facts or events occurring at any time up to the Effective Date of this Agreement, including, but not limited to, any and all claims of discrimination of any kind, and any contractual, tort or other common law claims. This settlement and waiver includes all such claims, whether for breach of contract, quasi-contract, implied contract, quantum meruit, unjust enrichment, compensation, deferred compensation, equity interest, any tort claims, any and all claims under any applicable federal laws, including, but not limited to, the Age Discrimination in Employment Act, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, 42 U.S.C. § 1981, the Americans with Disabilities Act, as amended, the Equal Pay Act, as amended, the Worker Adjustment and Retraining Notification Act, the Employee Retirement Income Security Act of 1974, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, as amended, the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act, or under any applicable state or local laws or ordinances or any other legal restrictions on Sunset’s rights, including the Florida Civil Rights Act. B. I further agree not to file a suit of any kind against Sunset or any of the Company Released Parties relating to my employment at Sunset or any of the Company Released Parties, the separation thereof, any agreements between Sunset or any of the Company Released Parties and me, including but not limited to the Employment Agreement, any set of facts or events occurring up to the Effective Date of this Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Sunset or any of the Company Released Parties. Even if a court rules that I may file a lawsuit against Sunset or any of the Company Released Parties arising from my employment at Sunset or any of the Company Released Parties, or the separation thereof, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement, I agree not to accept any money damages or any other relief in connection with any such lawsuit. I understand that this Agreement and General Release effectively waives any right I might have to ▇▇▇ Sunset or any of the Company Released Parties for any claim arising out of my employment at Sunset or any of the Company Released Parties, the separation of my employment, any agreements between Sunset or the Company Released Parties and me, including but not limited to the Employment Agreement, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement. However, this release does not waive my rights to enforce this Agreement. In addition, this release does not give up my rights, if any, to COBRA benefits under the Company’s standard benefit programs applicable to me. Further, this release does not waive my rights to vested 401(k) or pension monies, vested stock options, my final paycheck, reimbursement of any outstanding business expense amounts (in accordance with Sunset’s existing reimbursement policies) or my rights to indemnification, if any, under Sunset’s declaration of trust or bylaws. C. In return for the consideration referenced in this Agreement, Sunset agrees to the following: Except as set forth in the last paragraph of this Section, Sunset agrees, on behalf of itself and all of its parent companies, subsidiaries, affiliates, predecessors and successors, to release Executive and his heirs (collectively the “Executive Released Parties”), from any and all claims for relief of any kind, whether known to it or unknown, which in any way arise out of or relate to Executive’s employment at Sunset or any of the Company Released Parties, the separation of Executive’ s employment at Sunset or any of the Company Released Parties, or any agreements between Sunset or any of the Company Released Parties and Executive, including but not limited to the Employment Agreement, and concerning any set of facts or events occurring at any time up to the Effective Date of this Agreement. Except as set forth in the last paragraph of this Section, Sunset further agrees not to file a suit of any kind against Executive or any of the Executive Released Parties relating to Executive’s employment at Sunset, the separation thereof, any agreements between Sunset or any of the Company Released Parties and Executive, including but not limited to the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Executive or any of the Executive Released Parties. Except as set forth in the last paragraph, even if a court rules that Sunset may file a lawsuit against Executive or any of the Executive Released Parties arising from Executive’s employment at Sunset or any of the Company Released Parties, or the separation thereof, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement, Sunset agrees not to accept any money damages or any other relief in connection with any such lawsuit. Sunset understands that this Agreement and General Release effectively waives any right it might have to ▇▇▇ Executive or any of the Executive Released Parties for any claim arising out of Executive’s employment at Sunset or any of the Company Released Parties, any agreements between Sunset or the Company Released Parties and Executive, including but not limited to the Employment Agreement, or the separation of Executive’s employment, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement, except as set forth in the last paragraph of this Section. Notwithstanding the generality of the foregoing, nothing contained herein shall release the Executive Released Parties from any claim relating to (i) a breach by Executive of any provision of any agreement that pursuant to the Separation Agreement survives the execution thereof, including but not limited to confidentiality agreements with Sunset or any of its affiliates, (ii) Executive’s obligations set forth herein, or (iii) Executive’s fraud, willful misconduct or gross negligence.

Mutual General Release. A. In return for the consideration referenced in this Agreement, I, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, agree to the following: I agree, on behalf of myself and all of my heirs or personal representatives, to release Sunset, its parent companies, subsidiaries, all affiliates of each, predecessors and successors, and all of its present or former officers, trust managers, directors, managers, representatives, employees, agents, attorneys, employee benefit programs, and the trustees, administrators, fiduciaries and insurers of such programs (collectively the “Company Released Parties”), from any and all claims for relief of any kind, whether known to me or unknown, which in any way arise out of or relate to my employment at Sunset or any of the Company Released Parties, the separation of my employment at Sunset or any of the Company Released Parties, any agreements between Sunset or any of the Company Released Parties and me, including but not limited to the Employment Agreement, and concerning any set of facts or events occurring at any time up to the Effective Date of this Agreement, including, but not limited to, any and all claims of discrimination of any kind, and any contractual, tort or other common law claims. This settlement and waiver includes all such claims, whether for breach of contract, quasi-contract, implied contract, quantum meruit, unjust enrichment, compensation, deferred compensation, equity interest, any tort claims, any and all claims under any applicable federal laws, including, but not limited to, the Age Discrimination in Employment Act, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, 42 U.S.C. § 1981, the Americans with Disabilities Act, as amended, the Equal Pay Act, as amended, the Worker Adjustment and Retraining Notification Act, the Employee Retirement Income Security Act of 1974, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, as amended, the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act, or under any applicable state or local laws or ordinances or any other legal restrictions on Sunset’s rights, including the Florida Civil Rights Act. B. I further agree not to file a suit of any kind against Sunset or any of the Company Released Parties relating to my employment at Sunset or any of the Company Released Parties, the separation thereof, any agreements between Sunset or any of the Company Released Parties and me, including but not limited to the Employment Agreement, any set of facts or events occurring up to the Effective Date of this Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Sunset or any of the Company Released Parties. Even if a court rules that I may file a lawsuit against Sunset or any of the Company Released Parties arising from my employment at Sunset or any of the Company Released Parties, or the separation thereof, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement, I agree not to accept any money damages or any other relief in connection with any such lawsuit. I understand that this Agreement and General Release effectively waives any right I might have to ▇▇▇ Sunset or any of the Company Released Parties for any claim arising out of my employment at Sunset or any of the Company Released Parties, the separation of my employment, any agreements between Sunset or the Company Released Parties and me, including but not limited to the Employment Agreement, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement. HoweverNotwithstanding the generality of the foregoing, nothing contained herein shall release the Company Released Parties from any claim relating to (i) a breach by the Company of any provision of any agreement that pursuant to this release does not waive my rights to enforce Separation Agreement survives the execution thereof, or (ii) the Company’s obligations under this Agreement. In addition, this release does not give up my rights, if any, to COBRA benefits under the Company’s standard benefit programs applicable to me. Further, this release does not waive my rights to vested 401(k) or pension monies, vested stock options, my final paycheck, reimbursement of any outstanding business expense amounts (in accordance with Sunset’s existing reimbursement policies) or my rights to indemnification, if any, under Sunset’s declaration of trust or bylaws, or under the statutory or common law of Florida. C. In return for the consideration referenced in this Agreement, Sunset agrees to the following: Except as set forth in the last paragraph of this Section, Sunset agrees, on behalf of itself and all of its parent companies, subsidiaries, affiliates, predecessors and successors, to release Executive and his heirs (collectively the “Executive Released Parties”), from any and all claims for relief of any kind, whether known to it or unknown, which in any way arise out of or relate to Executive’s employment at Sunset or any of the Company Released Parties, the separation of Executive’ s employment at Sunset or any of the Company Released Parties, or any agreements between Sunset or any of the Company Released Parties and Executive, including but not limited to the Employment Agreement, and concerning any set of facts or events occurring at any time up to the Effective Date of this Agreement. Except as set forth in the last paragraph of this Section, Sunset further agrees not to file a suit of any kind against Executive or any of the Executive Released Parties relating to Executive’s employment at Sunset, the separation thereof, any agreements between Sunset or any of the Company Released Parties and Executive, including but not limited to the Employment Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Executive or any of the Executive Released Parties. Except as set forth in the last paragraph, even Even if a court rules that Sunset may file a lawsuit against Executive or any of the Executive Released Parties arising from Executive’s employment at Sunset or any of the Company Released Parties, or the separation thereof, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement, Sunset agrees not to accept any money damages or any other relief in connection with any such lawsuit. Sunset understands that this Agreement and General Release effectively waives any right it might have to ▇▇▇ Executive or any of the Executive Released Parties for any claim arising out of Executive’s employment at Sunset or any of the Company Released Parties, any agreements between Sunset or the Company Released Parties and Executive, including but not limited to the Employment Agreement, or the separation of Executive’s employment, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement, except as set forth in the last paragraph of this Section. Notwithstanding the generality of the foregoing, nothing contained herein shall release the Executive Released Parties from any claim relating to (i) a breach by Executive of any provision of any agreement that pursuant to the Separation Agreement survives the execution thereof, including but not limited to confidentiality agreements with Sunset or any of its affiliates, (ii) Executive’s obligations set forth hereinunder this Agreement, or (iii) Executive’s fraud. For purposes of this agreement, willful misconduct or gross negligence“fraud” means intentional fraud that has a material adverse impact on the Company.

Mutual General Release. A. In return for the consideration referenced in this Agreement, I, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, agree to the following: I agree, on behalf of myself and all of my heirs or personal representatives, to release SunsetPMC, its parent companies, subsidiaries, all affiliates of each, predecessors and successors, and all of its present or former officers, trust managersdirectors, directorsmembers, managers, representatives, employees, agents, attorneys, employee benefit programs, and the trustees, administrators, fiduciaries and insurers of such programs (collectively the “Company Released Parties”), from any and all claims for relief of any kind, whether known to me or unknown, which in any way arise out of or relate to my employment at Sunset PMC or any of the Company Released Parties, the separation of my employment at Sunset PMC or any of the Company Released Parties, any agreements between Sunset PMC or any of the Company Released Parties and me, including but not limited to without limitation the Employment Agreement, and or concerning any set of facts or events occurring at any time up to the Effective Date of this Agreement, including, but not limited to, any and all claims of wrongful discharge, discrimination or retaliation of any kind, and any contractual, tort or other common law claims. This settlement release and waiver includes all such claims, whether for breach of contract, quasi-contract, implied contract, quantum meruit, unjust enrichment, compensation, deferred compensation, equity interest, any tort claims, any and all claims under any applicable federal laws, including, but not limited to, the Age Discrimination in Employment Act, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, 42 U.S.C. § 1981, the Americans with Disabilities Act, as amended, the Equal Pay Act, as amended, the Worker Adjustment and Retraining Notification Act, the Employee Retirement Income Security Act of 1974, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, as amended, the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act, or under any applicable state or local laws or ordinances or any other legal restrictions on SunsetPMC’s rights, including without limitation, the Florida Civil Texas Commission on Human Rights Act.Act and Section 451 of the Texas Labor Code. However, I recognize and understand that this release does not prohibit me from filing an administrative charge with any governmental agency. I further recognize and understand that even if I file a charge with an administrative agency or one is filed on my behalf, I will be entitled to no damages relating to any event which occurred prior to the Effective Date of this Agreement. /s/ asr EXECUTIVE'S INITIALS B. I further agree not to file a suit of any kind against Sunset PMC or any of the Company Released Parties relating to my employment at Sunset PMC or any of the Company Released Parties, the separation thereof, any agreements between Sunset PMC or any of the Company Released Parties and me, including but not limited to without limitation the Employment Agreement, or any set of facts or events occurring up to the Effective Date of this Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Sunset PMC or any of the Company Released Parties. Even if a court rules that I may file a lawsuit against Sunset PMC or any of the Company Released Parties arising from my employment at Sunset PMC or any of the Company Released Parties, or the separation thereof, any agreements between PMC or any of the Company Released Parties and me, including without limitation the Employment Agreement, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement, I agree not to accept any money damages or any other relief in connection with any such lawsuit. I understand that this Agreement and General Release effectively waives any right I might have to ▇▇▇ Sunset PMC or any of the Company Released Parties for any claim arising out of my employment at Sunset PMC or any of the Company Released Parties, the separation of my employment, any agreements between Sunset PMC or the Company Released Parties and me, including but not limited to without limitation the Employment Agreement, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement. HoweverIn the event that PMC fails to make the lump sum payment within five (5) days of the date due as required by Section II of this Agreement, the release contained in Section III (A) and (B) shall be void and have no force or effect. Notwithstanding the foregoing, this release does not waive my rights to (i) enforce this Agreement. In addition, this release does not give up my rights, if any, to (ii) COBRA benefits under the Company’s standard benefit programs applicable to me. Further, this release does not waive (iii) my rights to vested 401(k) or pension monies, vested stock options, (iv) my final paycheck, or (v) reimbursement of any outstanding business expense amounts (in accordance with SunsetPMC’s existing reimbursement policies) or my rights to indemnification, if any, under Sunset’s declaration of trust or bylaws). C. In return for the consideration referenced Executive’s covenants and agreements contained in this Agreement, Sunset PMC agrees to the following: Except as set forth in the last paragraph of this Section, Sunset PMC agrees, on behalf of itself and all of its parent companies, subsidiaries, affiliates, predecessors and predecessors, successors, shareholders and investors, and all of their present or former officers, directors, agents, managers, employees, attorneys, and shareholders to release Executive and all of his heirs spouse, heirs, assigns and personal representatives (collectively the “Executive Released Parties”), from any and all claims for relief of any kind, whether known to it or unknown, which in any way arise out of or relate to Executive’s employment at Sunset PMC or any of the Company Released Parties, the separation of Executive’ s ’s employment at Sunset PMC or any of the Company Released Parties, or any agreements between Sunset PMC or any of the Company Released Parties and Executive, including but not limited to without limitation the Employment Agreement, and or concerning any set of facts or events occurring at any time up to the Effective Date of this Agreement. , /s/ asr EXECUTIVE'S INITIALS Except as set forth in the last paragraph of this Section, Sunset PMC further agrees not to file a suit of any kind against Executive or any of the Executive Released Parties relating to Executive’s employment at SunsetPMC or any of the Company Released Parties, the separation thereof, any agreements between Sunset PMC or any of the Company Released Parties and Executive, including but not limited without limitation the Employment Agreement, or any set of facts or events occurring up to the Employment Effective Date of this Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Executive or any of the Executive Released Parties. Except as set forth in the last paragraph, even Even if a court rules that Sunset PMC may file a lawsuit against Executive or any of the Executive Released Parties arising from Executive’s employment at Sunset PMC or any of the Executive Released Parties, the separation thereof, any agreements between PMC or any of the Company Released PartiesParties and Executive, or including without limitation the separation thereofEmployment Agreement, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement, Sunset PMC agrees not to accept any money damages or any other relief in connection with any such lawsuit. Sunset PMC understands that this Agreement and General Release effectively waives any right it might have to ▇▇▇ Executive or any of the Executive Released Parties for any claim arising out of Executive’s employment at Sunset PMC or any of the Company Released Parties, the separation of that employment, any agreements between Sunset PMC or the Company Released Parties and Executive, including but not limited to without limitation the Employment Agreement, or the separation of Executive’s employment, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement, except as set forth in the last paragraph of this Section. Notwithstanding the generality of the foregoing, nothing contained herein shall release Executive or any of the Executive Released Parties from any claim relating to (i) a breach by Executive of any provision of any agreement that pursuant to the Separation this Agreement survives the execution thereof, including but not limited to confidentiality agreements with Sunset or any of its affiliateshereof, (ii) Executive’s obligations set forth herein, or (iii) Executive’s fraud, willful misconduct or gross negligence.

Mutual General Release. A. In return for the consideration referenced in this Agreement, I, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, agree to the following: I agree, on behalf of myself and all of my heirs or personal representatives, to release Sunset, its parent companies, subsidiaries, all affiliates of each, predecessors and successors, and all of its present or former officers, trust managers, directors, managers, representatives, employees, agents, attorneys, employee benefit programs, and the trustees, administrators, fiduciaries and insurers of such programs (collectively the “Company Released Parties”), from any and all claims for relief of any kind, whether known to me or unknown, which in any way arise out of or relate to my employment at Sunset or any of the Company Released Parties, the separation of my employment at Sunset or any of the Company Released Parties, any agreements between Sunset or any of the Company Released Parties and me, including but not limited to the Employment AgreementAgreement and any amendments thereto, and concerning any set of facts or events occurring at any time up to the Effective Date of this Agreement, including, but not limited to, any and all claims of discrimination of any kind, and any contractual, tort or other common law claims. This settlement and waiver includes all such claims, whether for breach of contract, quasi-contract, implied contract, quantum meruit, unjust enrichment, compensation, deferred compensation, equity interest, any tort claims, any and all claims under any applicable federal laws, including, but not limited to, the Age Discrimination in Employment Act, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, 42 U.S.C. § 1981, the Americans with Disabilities Act, as amended, the Equal Pay Act, as amended, the Worker Adjustment and Retraining Notification Act, the Employee Retirement Income Security Act of 1974, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, as amended, the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act, or under any applicable state or local laws or ordinances or any other legal restrictions on Sunset’s rights, including the Florida Civil Rights Act. B. I further agree not to file a suit of any kind against Sunset or any of the Company Released Parties relating to my employment at Sunset or any of the Company Released Parties, the separation thereof, any agreements between Sunset or any of the Company Released Parties and me, including but not limited to the Employment AgreementAgreement and any amendments thereto, any set of facts or events occurring up to the Effective Date of this Agreement, or to participate voluntarily in any employment-related claim brought by any other party against Sunset or any of the Company Released Parties. Even if a court rules that I may file a lawsuit against Sunset or any of the Company Released Parties arising from my employment at Sunset or any of the Company Released Parties, or the separation thereof, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement, I agree not to accept any money damages or any other relief in connection with any such lawsuit. I understand that this Agreement and General Release effectively waives any right I might have to ▇▇▇ Sunset or any of the Company Released Parties for any claim arising out of my employment at Sunset or any of the Company Released Parties, the separation of my employment, any agreements between Sunset or the Company Released Parties and me, including but not limited to the Employment AgreementAgreement and any amendments thereto, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement. However, this release does not waive my rights to enforce this Agreement. In addition, this release does not give up my rights, if any, to COBRA benefits under the Company’s standard benefit programs applicable to me. Further, this release does not waive any claim related to: (i) my rights to vested 401(k) or pension monies, vested stock or stock options, my final paycheck, reimbursement of any outstanding business expense amounts (in accordance with Sunset’s existing reimbursement policies) or (ii) my rights to indemnification, if any, indemnification or defense under Sunset’s declaration of trust trust, articles of amendment or bylaws, as provided under Sunset’s Directors and Officers Liability Insurance Policy or to the maximum extent permissible under Florida law. C. In return for the consideration referenced in this Agreement, Sunset agrees to the following: Except as set forth in the last paragraph of this Section, Sunset agrees, on behalf of itself and all of its parent companies, subsidiaries, affiliates, predecessors and successors, to release Executive and his heirs (collectively the “Executive Released Parties”), from any and all claims for relief of any kind, whether known to it or unknown, which in any way arise out of or relate to Executive’s employment at Sunset or any of the Company Released Parties, the separation of Executive’ s employment at Sunset or any of the Company Released Parties, or any agreements between Sunset or any of the Company Released Parties and Executive, including but not limited to the Employment AgreementAgreement and any amendments thereto, and concerning any set of facts or events occurring at any time up to the Effective Date of this Agreement. Except as set forth in the last paragraph of this Section, Sunset further agrees not to file a suit of any kind against Executive or any of the Executive Released Parties relating to Executive’s employment at Sunset, the separation thereof, any agreements between Sunset or any of the Company Released Parties and Executive, including but not limited to the Employment AgreementAgreement and any amendments thereto, or to participate voluntarily in any employment-related claim brought by any other party against Executive or any of the Executive Released Parties. Except as set forth in the last paragraph, even if a court rules that Sunset may file a lawsuit against Executive or any of the Executive Released Parties arising from Executive’s employment at Sunset or any of the Company Released Parties, or the separation thereof, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement, Sunset agrees not to accept any money damages or any other relief in connection with any such lawsuit. Sunset understands that this Agreement and General Release effectively waives any right it might have to ▇▇▇ Executive or any of the Executive Released Parties for any claim arising out of Executive’s employment at Sunset or any of the Company Released Parties, any agreements between Sunset or the Company Released Parties and Executive, including but not limited to the Employment AgreementAgreement and any amendments thereto, or the separation of Executive’s employment, or based on any other set of facts or events occurring prior to the Effective Date of this Agreement, except as set forth in the last paragraph of this Section. Notwithstanding the generality of the foregoing, nothing contained herein shall release the Executive Released Parties from any claim relating to (i) a breach by Executive of any provision of any agreement that pursuant to the Separation Agreement survives the execution thereof, including but not limited to confidentiality and non-competition agreements with Sunset or any of its affiliates, (ii) Executive’s obligations set forth herein, or (iii) Executive’s fraud, willful misconduct or gross negligence.