Common use of Release by the Employee Clause in Contracts

Release by the Employee. Except as to any claims arising out of rights provided under this Agreement, in consideration of the agreements set forth herein and upon indefeasible payment in full of all amounts payable to Employee under Section 1 of this Agreement, the Employee hereby irrevocably and unconditionally releases, acquits and forever discharges for himself and his heirs, executors, administrators, agents, successors and assigns, the Company and any related entity and their stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, and subsidiaries, and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees"), or any of them, from any and all charges, complaints, claims, assertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, whether known or unknown, suspected or unsuspected, arising directly or indirectly out of the Employment Agreement, which the Employee or his heirs, executors, administrators, agents, successors or assigns, now has, or ever claimed to have, or could claim against each or any of the Company Releasees, including, without limitation, any of the following: claims in equity or law for wrongful discharge, and personal injury claims, claims under federal, state or local laws prohibiting discrimination on account of age, national origin, race, sex, disability, religion and other protected classifications, or claims under the Civil Rights Acts of 1866 and 1871, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, as amended, the Employee Retirement Income Security Act of 1974, as amended, the Americans with Disabilities Act of 1990, the Family Medical and Leave Act, the California Fair Employment and Housing Act or any comparable law of any other State.

Release by the Employee. Except as to any claims arising out of rights provided under this Agreement, in consideration of for the agreements set forth herein and upon indefeasible payment in full of all amounts payable to Employee under Section 1 of this Agreementherein, the Employee hereby irrevocably and unconditionally releases, acquits and forever discharges for himself and his heirs, executors, administrators, agents, successors and assigns, the Company CNF Industries, Inc., KENETECH Corporation and any related entity and their stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, and subsidiaries, and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees"), or any of them, from any and all charges, complaints, claims, assertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, whether known or unknown, suspected or unsuspected, arising directly or indirectly out of any interactions between the Employment AgreementEmployee or his heirs, executors, administrators, agents, successors or assigns, and the Company Releasees from the beginning of time to the present, including but not limited to any matter arising out of the Employee's employment by the Company, his separation from employment with the Company, the proposed purchase of CNF Industries, Inc. or any affiliate by Gemma Inc. or any affiliate, or the termination of the Employee's employment, which the Employee or his heirs, executors, administrators, agents, successors or assigns, now has, or ever claimed to have, or could claim against each or any of the Company Releasees, including, without limitation, any of the following: claims in equity or law for wrongful discharge, and personal injury claims, claims under federal, state or local laws prohibiting discrimination on account of age, national origin, race, sex, disability, religion and other protected classifications, or claims under the Civil Rights Acts of 1866 and 1871, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, as amended, the Employee Retirement Income Security Act of 1974, as amended, the Americans with Disabilities Act of 1990, the Family Medical and Leave Act, the California Fair Employment and Housing Act or any comparable law of any other StateState (collectively, the "Employee Claims"). The Employee hereby agrees to forego any right to file any charges or complaints with any governmental agencies or any legal action against the Company Releasees under any of the laws referenced in this paragraph or with respect to any of the Employee Claims. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not limit the right of the Employee to seek to enforce the provisions of this Agreement, including without limitation the provisions of Paragraph 8 below.

Release by the Employee. Except as The Employee hereby releases and forever discharges, and covenants not to any claims arising out of rights provided under this Agreement, in consideration of the agreements set forth herein and upon indefeasible payment in full of all amounts payable to Employee under Section 1 of this Agreement▇▇▇, the Employee hereby irrevocably and unconditionally releasesCompany or its subsidiaries, acquits and forever discharges for himself and his heirsaffiliates, executorstheir directors, administratorsmembers, officers, agents, stockholders, successors and assigns, both individually and in their official capacities, (the “Company and any related entity and their stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisionsReleased Parties”) from, and subsidiarieswith respect to, and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees"), or any of them, from any and all charges, complaints, claims, assertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suitscovenants, rightscontracts, claims, demands, costssuits, lossesand liabilities whatsoever, debts which the Employee ever had, now has or which his heirs, executors, administrators and expenses (including attorneys' fees assigns, or any of them hereafter can, shall or may have by reason of or related to the Employee’s employment with, or termination of employment from, the Company and/or its subsidiaries and costs actually incurred) affiliates. By signing this Release, the Employee is providing a complete waiver of any nature whatsoeverall claims against the Company Released Parties that may have arisen, whether known or unknown, suspected or unsuspectedup and until the effective date of this Release. This includes, arising directly or indirectly out of the Employment Agreement, which the Employee or his heirs, executors, administrators, agents, successors or assigns, now has, or ever claimed to have, or could claim against each or any of the Company Releasees, including, without limitation, any of the following: claims in equity or law for wrongful discharge, and personal injury claimsbut is not limited to, claims under federal, state or local laws prohibiting discrimination based on account of age, national origin, race, sex, disability, religion and other protected classifications, or claims under the Civil Rights Acts of 1866 and 1871, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 19911866, the Age Discrimination in Employment Act of 19671967 (including the Older Workers Benefit Protection Act) (the “ADEA”), as amendedthe Americans With Disabilities Act, the Fair Labor Standards Act, the Equal Pay Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act of 19741974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company Released Parties), as amendedand all applicable amendments to the foregoing acts and laws, the Americans with Disabilities Act of 1990, the Family Medical and Leave Act, the California Fair Employment and Housing Act or any comparable law of common law, public policy, contract (whether oral or written, express or implied) or tort law, and any other Statelocal, state or Federal law, regulation or ordinance having any bearing whatsoever on the terms and conditions of the Employee’s employment and the cessation thereof. The Employee further agrees, promises and covenants that, to the maximum extent permitted by law neither, he, nor any person, organization, or other entity acting on his behalf has or will file, charge, claim, ▇▇▇, or cause or permit to be filed, charged or claimed, any action for damages or other relief (including injunctive, declaratory, monetary or other relief) against the Company Released Parties involving any matter occurring in the past up to the date of this Release, or involving or based upon any claims, demands, causes of action, obligations, damages or liabilities which are the subject of this Release. This Release shall not affect the Employee’s rights under the Separation Agreement or under the Older Workers Benefit Protection Act to have a judicial determination of the validity of this Release and does not purport to limit any right the Employee may have to file a charge under the ADEA or other civil rights statute or to participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission or other investigative agency. This Release does, however, waive and release any right to recover damages under the ADEA or any other civil rights statute. Notwithstanding anything to the contrary contained in this Release, nothing in this Section 1 shall apply to, or release the Company from, any rights and claims of the Employee directly or indirectly arising from or under or related to any obligation or commitment of the Company under the Separation Agreement.

Release by the Employee. Except as to any claims arising out of rights provided under this Agreement, and if all payments hereunder are made when due, in consideration of for the agreements set forth herein and upon indefeasible payment in full of all amounts payable to Employee under Section 1 of this Agreementcontained herein, the Employee hereby irrevocably and unconditionally releases, acquits and forever discharges for himself and his heirs, executors, administrators, agents, successors and assigns, the Company and or any related entity and their stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, and subsidiaries, and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees"), or any of them, from any and all charges, complaints, claims, assertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, whether known or unknown, suspected or unsuspected, arising directly or indirectly out of the Employee's employment by the Company, his separation from employment with the Company, or the termination of the Employment Agreement, which the Employee or his heirs, executors, administrators, agents, successors or assigns, now has, or ever claimed to have, or could claim against each or any of the Company Releasees, including, without limitation, any of the following: claims under the Employment Agreement, claims for workers' compensation, claims in equity or law for wrongful discharge, and personal injury claims, claims under federal, state or local laws prohibiting discrimination on account of age, national origin, race, sex, disability, religion and other protected classifications, or claims under the Civil Rights Acts of 1866 and 1871, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, as amended, the Employee Retirement Income Security Act of 1974, as amended, the Americans with Disabilities Act of 1990, the Family Medical and Leave Act, or the California Fair Employment and Housing Act (collectively, the "Claims"). The Employee hereby agrees to forego any right to file any charges or complaints with any governmental agencies or any comparable law legal action against the Company Releasees under any of the laws referenced in this paragraph or with respect to any other Stateof the Claims. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not limit the right of the Employee to seek to enforce the provisions of this Agreement, including without limitation the provisions of Paragraph 8 below.

Release by the Employee. Except as to any claims arising out of rights provided under this Agreement, in consideration of the agreements set forth herein and upon indefeasible payment in full of all amounts payable to Employee under Section 1 of this Agreementherein, the Employee hereby irrevocably and unconditionally releases, acquits and forever discharges for himself and his heirs, executors, administrators, agents, successors and assigns, the Company and any related entity and their stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, and subsidiaries, and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees"), or any of them, from any and all charges, complaints, claims, assertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, whether known or unknown, suspected or unsuspected, arising directly or indirectly out of the Employment AgreementEmployee's employment with the Company, his separation from employment with the Company or the termination of his employment with the Company, which the Employee or his heirs, executors, administrators, agents, successors or assigns, now has, or ever claimed to have, or could claim against each or any of the Company Releasees, from the beginning of time to the present, including, without limitation, any of the following: claims for workers' compensation, claims in equity or law for wrongful discharge, and personal injury claims, claims under federal, state or local laws prohibiting discrimination on account of age, national origin, race, sex, disability, religion and other protected classifications, or claims under the Civil Rights Acts of 1866 and 1871, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, as amended, the Employee Retirement Income Security Act of 1974, as amended, the Americans with Disabilities Act of 1990, the Family Medical and Leave Act, and the California Fair Employment and Housing Act or any comparable law of any other StateState (collectively, the "Employee Claims"). The Employee hereby agrees to forego any right to file any charges or complaints with any governmental agencies or any legal action against the Company Releasees under any of the laws referenced in this subparagraph or with respect to any of the Employee Claims. Notwithstanding the foregoing, the release by the Employee in this subparagraph shall not limit the right of the Employee to seek to enforce the provisions of this Agreement.

Release by the Employee. Except as The Employee hereby releases and forever discharges, and covenants not to any claims arising out of rights provided under this Agreement, in consideration of the agreements set forth herein and upon indefeasible payment in full of all amounts payable to Employee under Section 1 of this Agreement▇▇▇, the Employee hereby irrevocably and unconditionally releasesCompany or its subsidiaries, acquits and forever discharges for himself and his heirsaffiliates, executorstheir directors, administratorsmembers, officers, employees, agents, stockholders, successors and assigns, both individually and in their official capacities, (together, the “Company and any related entity and their stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisionsReleased Parties”) from, and subsidiarieswith respect to, and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees"), or any of them, from any and all charges, complaints, claims, assertions of claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suitscovenants, rightscontracts, claims, demands, costssuits, lossesand liabilities whatsoever, debts which the Employee ever had, now has or which his heirs, executors, administrators and expenses (including attorneys' fees assigns, or any of them hereafter can, shall or may have by reason of or related to the Employee’s employment with, or termination of employment from, the Company and/or its subsidiaries and costs actually incurred) affiliates. By signing this Release, the Employee is providing a complete waiver of any nature whatsoeverall claims against the Company Released Parties that may have arisen, whether known or unknown, suspected or unsuspectedup and until the effective date of this Release. This includes, arising directly or indirectly out of the Employment Agreement, which the Employee or his heirs, executors, administrators, agents, successors or assigns, now has, or ever claimed to have, or could claim against each or any of the Company Releasees, including, without limitation, any of the following: claims in equity or law for wrongful discharge, and personal injury claimsbut is not limited to, claims under federal, state or local laws prohibiting discrimination based on account of age, national origin, race, sex, disability, religion and other protected classifications, or claims under the Civil Rights Acts of 1866 and 1871, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 19911866, the Age Discrimination in Employment Act of 19671967 (including the Older Workers Benefit Protection Act) (the “ADEA”), as amendedthe Americans With Disabilities Act, the Fair Labor Standards Act, the Equal Pay Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act of 19741974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company Released Parties), as amendedand all applicable amendments to the foregoing acts and laws, the Americans with Disabilities Act of 1990, the Family Medical and Leave Act, the California Fair Employment and Housing Act or any comparable law of common law, public policy, contract (whether oral or written, express or implied) or tort law, and any other Statelocal, state or Federal law, regulation or ordinance having any bearing whatsoever on the terms and conditions of the Employee’s employment and the cessation thereof. The Employee further agrees, promises and covenants that, to the maximum extent permitted by law neither, he, nor any person, organization, or other entity acting on his behalf has or will file, charge, claim, ▇▇▇, or cause or permit to be filed, charged or claimed, any action for damages or other relief (including injunctive, declaratory, monetary or other relief) against the Company Released Parties involving any matter occurring in the past up to the date of this Release, or involving or based upon any claims, demands, causes of action, obligations, damages or liabilities which are the subject of this Release. This Release shall not affect the Employee’s rights under the Separation Agreement or under the Older Workers Benefit Protection Act to have a judicial determination of the validity of this Release and does not purport to limit any right the Employee may have to file a charge under the ADEA or other civil rights statute or to participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission or other investigative agency. This Release does, however, waive and release any right to recover damages under the ADEA or any other civil rights statute. Notwithstanding anything to the contrary contained in this Release, nothing in this Section 1 shall apply to, or release the Company or any Company Released Party from, or prevent the Employee from suing with respect to, any rights and claims of the Employee directly or indirectly arising from or under or related to any obligation or commitment of the Company under the Separation Agreement, any rights the Employee has as a Company shareholder or his rights to be indemnified and/or advanced expenses under the corporate documents of the Company and any affiliate or, if greater, under applicable law and to be covered under any applicable directors’ and officers’ insurance policies.