consultant, independent contractor or otherwise, in Montauk and any of its subsidiaries or affiliates. Effective as of the Last Day Worked, Employee shall have no authority to act on behalf of Montauk or any of its subsidiaries or affiliates and shall not hold himself out as having such authority, enter into any agreement or incur any obligations on behalf of Montauk, or otherwise act in an executive or other decision-making capacity with respect to Montauk. Employee agrees to execute such documents as Montauk, in its sole discretion, shall reasonably deem necessary to effect such resignations.
(a) Employee hereby unconditionally and absolutely releases Montauk and its shareholders (including Montauk Holdings USA LLC and Montauk Holdings Limited), subsidiaries, affiliates, successors, assigns and all of their respective directors, managers, officers, partners, members, managers, employees, trustees (in their official and individual capacities), employee benefit plans and their administrators and fiduciaries (in their official and individual capacities), representatives or agents, and each of their affiliates, successors and assigns (each a Released Party and collectively the Released Parties) from any and all rights and claims that arose prior to Employees signing of this Release. The release and waiver under this Release is intended to have the broadest application. The rights and claims that Employee hereby releases include, but are not limited to any and all claims for violation of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act (ADEA), the Genetic Information Nondiscrimination Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, tire Pennsylvania Wage Payment and Collection Law, the Pennsylvania Minimum Wage Act, the Pennsylvania Human Relations Act, or any other federal, state, or local statute, regulation, or common law theory, all claims for reprisal, whistleblowing or retaliation under federal, state or local law, any and all claims that involve or in any way relate to Employees employment with Montauk and the separation of Employees employment with Montauk, and all other losses, liabilities, claims, charges, demands, and causes of actions, claims for attorneys fees, costs, expenses, known or unknown, suspected or unsuspected, arising directly or indirectly out of or in any way connected with Employees employment with Montauk. The parties declare and represent that they intend this Release to be complete and not be subject to any claim of mistake, and that the Release in this Release constitutes a final, full and complete release.
(b) Notwithstanding anything in Section 3(a) to the contrary, Employee does not waive or release claims with respect to (i) any rights Employee may have, to any payments or benefits under this Release (including the Severance Benefits), (ii) enforcement of this Release, (iii) any right or claim that Employee is legally prohibited from releasing, (iv) any right or claim to challenge the validity of this Release under the ADEA, (v) any actions or omissions of any Released Party after the date Employee signs this Release, (vi) any accrued vested benefits under Montauks 401(k) plan, subject to the terms and conditions of such plan and applicable law, and (vii) any rights or claims Employee may have for unemployment compensation or workers compensation benefits, if applicable (collectively, the Employee Unreleased Claims).
(c) Employee acknowledges that Employee has not filed any complaint, charge, claim or proceeding (each individually a Proceeding) against any of the Released Parties before any local, state or federal agency, court or other body. Employee represents that Employee is not aware of any facts or basis on which such a Proceeding could reasonably be instituted. Employee (i) acknowledges and agrees that Employee will not initiate or cause to be initiated on Employees
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