M.G.L. c. 214, § 1C; the Massachusetts Labor and Industries Act, M.G.L. c. 149, § 1 et seq.; the Massachusetts Payment of Wages Act, M.G.L. c. 149, §§ 148 et seq.; the Massachusetts Equal Pay Act, M.G.L. c. 149, §105A et seq., the Massachusetts Privacy Act, M.G.L. c. 214, § 1B; and the Massachusetts Maternity Leave Act , M.G.L. c. 149, § 105(d), and all other federal, state and local laws, statutes, regulations or ordinances, including any whistleblower law, statute, regulation or ordinance, prohibiting discrimination or pertaining to employment.
(b) Notwithstanding the foregoing terms, you do not waive or release (i) any claim for the Separation Pay; (ii) any right or claim that may not legally be waived; (iii) any vested benefits under the Companys employee benefit plans and programs; (iv) your rights to indemnification and defense, if any, pursuant to the Companys certificate of incorporation and by-laws; or (v) your rights, if any, under the Companys D&O insurance policies.
(c) The term Released Parties as used in this Agreement means: (i) the Company and its past, present, and future parents, divisions, subsidiaries, partnerships, affiliates, and other related entities (whether or not they are wholly owned); (ii) the past, present, and future owners, trustees, fiduciaries, administrators, shareholders, directors, officers, partners, agents, representatives, members, associates, employees and attorneys of each entity listed in subpart (i) above; and (iii) the predecessors, successors, and assigns of each entity listed in subparts (i) and (ii) above.
(d) The terms Claim and Claims as used in this Paragraph 6 are intended to be as broad as the law allows and mean any and all charges, complaints, and other forms of action against any of the Released Parties, seeking any form of relief including, without limitation, equitable relief (whether declaratory, injunctive or otherwise), the recovery of any damages, or any other form of monetary recovery whatsoever (including, without limitation, back pay, front pay, compensatory damages, emotional distress damages, punitive damages, liquidated damages, treble damages, consequential damages, attorneys fees and any other costs) against any of the Released Parties.
(e) This Release does not prohibit you from filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or any state or local human rights agency. Nor does this Agreement prevent you from participating in any investigation or proceeding conducted by the EEOC or any state or local agency. However, the Agreement does preclude the recovery of monetary damages, including attorneys fees and costs, against the Released Parties for any charge or claim of discrimination and you hereby waive any right to any relief, including the right to damages, attorneys fees and costs in connection with any charge or claim for discrimination.
(a) You represent and warrant that: (a) you have not filed any complaint, charge or claim or initiated any other legal proceedings against any of the Released Parties; (b) no such proceedings have been initiated against any of the Released Parties on your behalf; (c) you are the sole owner of the claims that are released in Paragraph 6 above; (d) none of these claims has been transferred or assigned or caused to be transferred or assigned to any other person, firm or other legal entity; and (e) you have the full right and power to grant, execute, and deliver the releases, undertakings, and agreements contained in this Agreement.
(b) The Company represents that it is not aware of any basis for the Company to bring a claim against you in connection with your actions while employed by and on behalf of the Company.
8. No Compensation Owing. Except as provided in this Agreement, you acknowledge and agree that you are not entitled to and will not receive any payments (other than for earned but unused vacation, if any, and unpaid base salary earned through the Separation Date), benefits, or recovery of any kind from the Company or other Released Parties, including but not limited to any salary, wages,
Employee Initials: /s/REM
Company Initials: /s/WB