b. Any claims for past or future compensation, severance payments, accrued and/or future bonus or incentive payments, reimbursement of expenses, payment of life and/or disability insurance premiums, payment of vehicle lease or car allowance, accrued and unused personal time off (PTO) which includes vacation and sick time, any compensation plans, defamation, intentional or negligent infliction of emotional distress, failure to promote, retaliatory and discriminatory discharge, disability discrimination, wrongful discharge, retaliation for exercise of speech rights, interference with contractual relations, prima facie tort and all other contract or tort claims, or claims for indemnification, whether or not arising out of or during the course of my employment or the termination of such employment, including, but not limited to, any claims for unpaid commissions or other incentive compensation, past or future bonuses (provided that my release of the foregoing does not waive or release the Enterprise from making the payments set forth in Section 2, above, nor any of my rights under COBRA to continue health insurance coverage or for any vested retirement benefit for which I am eligible); and
c. Any and all claims and causes of action that the Enterprise or any of the Releasees discriminated against me in violation of any applicable federal, state or local/tribal law prohibiting discrimination based on age, race, disability or handicap, gender, national origin, ethnic origin, religion or other forms of discrimination, including, among others, but not limited to the Equal Pay Act of 1964, 29 U.S.C. § 206; the Age Discrimination In Employment Act; the Older Workers Benefit Protection Act of 1990; Title VII of the Civil Rights Act of 1964; Section 1981 of the Civil Rights Act of 1866; the Civil Rights Act of 1991; the Americans With Disabilities Act; the Rehabilitation Act of 1973; the Vietnam Era Veterans Readjustment Assistance Act; the National Labor Relations Act; the Employee Retirement Income Security Act; any federal, state or Tribal whistleblower law; the Connecticut Fair Employment Practice Act; the Indian Civil Rights Act; the Mohegan Discriminatory Employment Practices Ordinance; the Mohegan Torts Ordinance; or any other federal, state or local/Tribal law, whether or not specifically identified herein.
I agree never to file, commence, prosecute or support financially any action, claim, complaint, proceeding, or charge against the Enterprise or the Releasees in any tribal, state or federal court, administrative agency, or through arbitration or mediation or any other forum with respect to any matter, for or with the purpose of recovering damages or other monetary or personal or equitable relief, or any penalty or censure against the Enterprise or the Releasees, based on any claim that was or could have been raised arising out of the employment relationship, or for any act, transaction, practice, conduct or omission, known or unknown, that has occurred prior to the date of this Separation Agreement.
If any claim is not subject to release, I waive, to the fullest extent permitted by applicable law, any right or ability to be a class or collective action representative or otherwise to participate in any claim, including any putative or certified class, collective or multi-party action or proceeding based on such claim in which the Enterprise and/or any of the Releasees is a party.
I represent and warrant that I do not have any present knowledge of any injury, illness or disease that is or may be compensable as a workers compensation claim or similar claim for work-related injuries, illnesses or diseases.
Neither I nor the Enterprise is waiving or releasing the other party from any claim for violation of this Separation Agreement.