|(b) || |
Release. In consideration of the payments and benefits described in this Agreement, to which Employee agrees that Employee is not entitled unless he executes this Agreement and it becomes effective in accordance with the terms of this Agreement, Employee, for and on behalf of himself and his heirs, successors and assigns (collectively, the “Releasors”), subject to the last sentence of this Section 3(b), waives and releases all common law, statutory and other Claims, whether known or unknown, that Employee ever had, now has or may have against the Company and its shareholders, subsidiaries, affiliates, predecessors, successors, assigns, directors, officers, partners, members, managers, employees, trustees (in their official capacities), employee benefit plans and their administrators and fiduciaries (in their official capacities), insurers, representatives, or agents, or any of affiliates, successors or assigns of any of the foregoing (collectively, the “Releasees”), by reason of facts or omissions that have occurred on or prior to the Effective Date, including any and all (i) Claims arising out of Employee’s employment or other service or termination of employment or other service, or any term or condition of that employment or other service, or arising under federal, state, local or foreign laws pertaining to employment, the Age Discrimination in Employment 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 Sarbanes-Oxley Act of 2002, the Worker Adjustment and Retraining Notification Act, the New York State Human Rights Law, the New York City Human Rights Act, the New York State Equal Pay Law, the New York State Labor Law, the New York Whistleblower Law, or any other federal, state, local or foreign laws relating to discrimination on the basis of age, sex or other protected class, (ii) Claims under federal, state, local or foreign laws for express or implied breach of contract, breach of the Employment Agreement, wrongful discharge, defamation, torts or intentional infliction of emotional distress, and (iii) related Claims for attorneys’ fees and costs. Except with respect to Unreleased Claims, Employee agrees that the foregoing release may be pleaded as a full defense to any action, suit, arbitration, or other proceeding covered by the terms of this Agreement that is or may be initiated, prosecuted, or maintained by the Releasors. Employee acknowledges that he intends to waive and release all rights, known or unknown, that he may have against the Releasees under these or any other laws.