Release and Covenant Not to Sue Clause Example with 4 Variations from Business Contracts

Release and Covenant Not to Sue. 2.1. Executive and the Company each 2.1.1. Employee hereby fully and forever releases and discharges the other, Company, its parent corporation, Peoples Financial Services Corp., and its direct and indirect subsidiaries and all of their respective predecessors and successors, assigns, stockholders, subsidiaries, parents, affiliates, and the officers, directors, trustees, employees, agents and attorneys, past and present and in their respective capacities as such (the Company and Executive and ea...ch such respective person of Company, its subsidiaries, shareholders or entity affiliates (each of the foregoing persons or entities is each referred to herein as a "Released Person") from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, which Employee now has, or hereafter can, shall or may have for, upon or by reason of any act, transaction, practice, conduct, matter, cause or thing of any kind or nature whatsoever ("Claim") arising or occurring through the date of this Release, including those arising out of Executive's employment by the Company or the termination thereof, including, but not limited to, any claims for relief Claim arising out of Employee's employment by Company or causes of action the termination thereof, any Claim under the Age Discrimination in Employment Act, 29 U.S.C. § 621 621, et seq., or the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq., any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions Claim based upon alleged wrongful or retaliatory discharge or breach of contract contract, any Claim 1 for additional wages or other compensation, any Claim for attorneys' fees, and any other Claim under any other federal, state or federal law. 2.2. Executive and the Company expressly represent local statute, ordinance, regulation, or under any contract, tort or common law theory. 2.1.2. Employee represents that they have Employee has not filed a lawsuit lawsuit, or initiated arbitration, mediation or any other administrative proceeding against a Released Person and that neither Employee has not assigned any claim Claim against a Released Person. Executive and the Company each 14 Employee further promise promises not to initiate a lawsuit lawsuit, arbitration or mediation, or to bring any other claim Claim against the other or any Released Person arising out of or in any way related to Executive's Employee's employment by the Company or the termination of that employment. This Release will not prevent Executive Employee from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims claim by Executive Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. This Release shall 2.1.3. The foregoing will not affect Executive's rights under the Age Discrimination in Employment Act or the Older Workers Benefit Protection Act be deemed to have a judicial determination of the validity of release Company from claims solely to enforce this release and waiver. Release. View More

Release and Covenant Not to Sue. 2.1. 3.1. In exchange for the good and valuable consideration contained in this Release, the Executive and the Company each hereby fully and forever releases and discharges the other, Company, the Parent and all their Affiliates, and each of their respective predecessors and successors, assigns, stockholders, subsidiaries, parents, affiliates, officers, directors, trustees, employees, agents and attorneys, past and present and in their respective capacities as (each such (the Company and Executi...ve and each such respective person or entity is each referred to as a "Released Person") from any and all claims, demands, liens, agreements, contracts, covenants, suits, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, or whether asserted or unasserted, which Executive now has, or hereafter can, shall or may have, upon or by reason of any act, transaction, practice, conduct, matter, cause or thing of any kind or nature whatsoever arising or occurring through the date of this Release, including those Release (each, a "Claim", and collectively, "Claims"), including, but not limited to, any Claim arising out of the Executive's employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action Claim under the Age Discrimination in Employment Act, 29 U.S.C. § 621 621, et seq. (the "ADEA"), the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions Claim based upon alleged wrongful or retaliatory discharge or breach of contract contract, any Claim for attorneys' fees, and any other Claim under any state other federal, state, local or federal law. 2.2. Executive and foreign statute, ordinance, regulation, or under any contract, tort or common law theory. The foregoing will not be deemed to release the Company from Claims solely to enforce this Release. Notwithstanding the foregoing, Executive is not releasing any Claims hereunder with respect to (a) Executive's right to be indemnified pursuant to the Company's applicable governing documents, or Executive's right to coverage under any applicable directors' and officers' liability insurance policies, (b) the Accrued Benefits, (c) any rights that Executive has to vested equity awards as of his Termination Date, (d) his rights as a stockholder of the Parent, or (e) any rights which arise after the date on which Executive countersigns this Release with respect to matters that occurred after such date or which cannot be released by private agreement. 2 4. Covenant Not to Sue. The Executive expressly represent represents that they have he has not filed a lawsuit or initiated any other administrative proceeding against a Released Person and that neither he has not assigned any claim Claim against a Released Person. The Executive and the Company each 14 further promise promises not to initiate a lawsuit or to bring any other claim Claim against the other or any a Released Person arising out of or in any way related to the Executive's employment by the Company or the termination of that employment. This Notwithstanding anything herein to the contrary, this Release will not prevent the Executive from filing a charge with the Equal Employment Opportunity Commission (the "EEOC") (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission EEOC (or similar state agency); provided, however, that any claims claim by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. This Release shall not affect Executive's rights under the Age Discrimination in Employment Act or the Older Workers Benefit Protection Act to have a judicial determination of the validity of this release and waiver. View More

Release and Covenant Not to Sue. 2.1. The Executive and the Company each hereby fully and forever releases and discharges the other, Company Entities and all each of their respective predecessors and successors, assigns, stockholders, subsidiaries, parents, affiliates, officers, directors, trustees, employees, agents and attorneys, past and present and in their respective capacities as such (the Company and Executive and each such respective person or entity is each referred to as a "Released Person") from any and all claims, d...emands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, which Executive now has, or hereafter can, shall or may have for, upon or by reason of any act, transaction, practice, conduct, matter, cause or thing of any kind or nature whatsoever ("Claim") arising or occurring through the date of this Release, including those including, but not limited to, any Claim arising out of the Executive's employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action Claim under the Age Discrimination in Employment Act, 29 U.S.C. § 621 621, et seq., or the Executive Retirement Income Security Act, 29 U.S.C. § 1001, et seq., any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions Claim based upon alleged wrongful or retaliatory discharge or breach of contract contract, any Claim for attorneys' fees, and any other Claim under any state other federal, state, local or federal law. foreign statute, ordinance, regulation, or under any contract, tort or common law theory, and any Claim arising out of the offer, sale, purchase, ownership or forfeiture of securities of the Company. -2- 2.2. The Executive and the Company expressly represent hereby represents that they have he has not filed a lawsuit or initiated any other administrative proceeding against a Released Person and that neither he has not assigned any claim Claim against a Released Person. The Executive and the Company each 14 further promise agrees not to initiate a lawsuit or to bring any other claim Claim against the other or any Released Person arising out of or in any way related to the Executive's employment by the Company or the termination of that employment. This Release will not prevent the Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims claim by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. 2.3. This Release shall Section 2 will not affect Executive's rights be deemed to release the Company from (i) Claims solely to enforce this Release, (ii) Claims for indemnification under the Age Discrimination in Employment Act Company's by-laws, or the Older Workers Benefit Protection Act (iii) Claims for payment or reimbursement pursuant to have a judicial determination any employee benefit plan of the validity of this release and waiver. Company. View More

Release and Covenant Not to Sue. 2.1. Executive and the Company each hereby fully and forever releases and discharges the other, and all of their respective predecessors and successors, assigns, stockholders, subsidiaries, parents, affiliates, officers, directors, trustees, employees, agents and attorneys, past and present and in their respective capacities as such (the Company and Executive and each such respective person or entity is each referred to as a "Released Person") from any and all claims, demands, liens, agreements,... contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, including those arising out of Executive's employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., the California Family Rights Act (Cal. Govt. Code § 12945.2 et seq. ), the California Fair Employment and Housing Act (Cal. Govt. Code § 12900 et seq. ), Cal. Labor Code § 132a, California Unruh Civil Rights Act, or any other federal, state or local statute, ordinance or tort, or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. law, common law claims of any kind, or claims for misclassification or related statutory labor code violations, including failure to pay wages. 2.2. Executive and the Company expressly represent that they have not filed a lawsuit or initiated any other administrative proceeding against a Released Person and that neither has assigned any claim against a Released Person. Executive and the Company each 14 further promise not to initiate a lawsuit or to bring any other claim against the other or any Released Person arising out of or in any way related to Executive's employment by the Company or the termination of that employment. This Release will not prevent Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. This Release shall not affect Executive's rights under the Age Discrimination in Employment Act or the Older Workers Benefit Protection Act to have a judicial determination of the validity of this release and waiver. 2.3. Executive expressly waives any and all rights and benefits conferred upon him by Section 1542 of the California Civil Code, which states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Accordingly, Executive knowingly, voluntarily and expressly waives any rights and benefits arising under Section 1542 of the California Civil Code and any other statute or principle of similar effect. View More