Release of Claims Clause Example with 7 Variations from Business Contracts

This page contains Release of Claims clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Release of Claims. The Employee and his heirs, assigns, and agents release, waive, and discharge the Company and the Released Parties (as defined below) from each and every claim, action or right of any sort, known or unknown, arising on or before the date on which the Employee executes this Agreement, which the Employee may by law release, a. The foregoing release includes, but is not limited to, any claim of discrimination on the basis of race, sex, gender, pregnancy, religion, marital status, sexual orientation..., national origin, handicap or disability, genetic information, age, veteran status, special disabled veteran status, or citizenship status or any other category protected by law; any other claim based on a statutory prohibition or requirement; any claim arising out of or related to an express or implied employment contract, including without limitation, the Employment Agreement, any other contract affecting terms and conditions of employment, or a covenant of good faith and fair dealing; any tort claims, any personal gain with respect to any claim arising under the qui tam provisions of the False Claims Act, 31 U.S.C. 3730; and any claims to attorney fees or expenses. Employee further agrees and acknowledges that Employee has been properly paid for all hours worked for the Company, that all salary, wages, commissions, bonuses, vacation, long-term incentives, and other compensation due to Employee have been paid, and that Employee is not owed anything else from Company other than as provided for in this Agreement. b. The Employee represents that he understands that rights and claims under the ADEA are among the rights and claims against the Company that the Employee is releasing through this Agreement, and that the Employee understands that he is not releasing (i) any rights or claims arising after the date on which the Employee executes this Agreement; (ii) any rights that may not be released as a matter of law, or any claims he has for liability coverage and/or costs of defense pursuant to liability insurance and/or indemnification rights for acts and omissions occurring during his employment with the Company, including but not limited to any Directors & Officers and general liability insurance or indemnification rights; and (iii) any claims to any vested benefits that the Employee already is entitled to receive under any of the Company's employee compensation or benefit plans, or any right the Employee has to benefits under workers' compensation Jaws, unemployment compensation laws or the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"). c. The Employee further agrees never to sue the Company or cause the Company to be sued regarding any matter within the scope of the above release. Employee understands and acknowledges, however, that this Agreement is not intended to and shall not affect his right to file a lawsuit, complaint or charge that challenges the validity of this Agreement under the Older Workers Benefit Protection Act, 29 U.S.C. §626(f), with respect to claims under the ADEA. With the exception of an action to challenge Employee's waiver of claims under the ADEA, if the Employee violates this release by suing the Company or causing the Company to be sued, the Employee agrees to pay all costs and expenses of defending against the suit incurred by the Company, including reasonable attorneys' fees, except to the extent that paying such costs and expenses is prohibited by law or would result in the invalidation of the foregoing release. d. "Released Parties" are the Company, all current and former parents, subsidiaries, related companies, partnerships or joint ventures, and, with respect to each of them, their predecessors and successors; and, with respect to each such entity, all of its past, present, and future employees, officers, directors, stockholders, owners, representatives, assigns, attorneys, agents, insurers, employee benefit programs (and the trustees, administrators, fiduciaries and insurers of such programs), and any other person acting by, through, under or in concert with any of the persons or entities listed in this paragraph, and their successors. e. Notwithstanding this or any other section of the Agreement to the contrary, Employee shall not be prevented from bringing or making any claim, report, or disclosure to the Equal Employment Opportunity Commission, Securities and Exchange Commission, Occupational Safety and Health Administration or any other government agency to whom disclosures are protected by law, in each case to the extent the right to bring such claims, reports, or disclosures are protected by law; notwithstanding the foregoing, however, Employee agrees to waive the right to receive monetary recovery directly from Company, including Company payments that result from any complaints or charges that Employee files with any governmental agency, or that are filed on Employee's behalf. View More
Found in Investar Holding Corp contract

Variations of a "Release of Claims" Clause from Business Contracts

Release of Claims. The Employee and his Employee's heirs, assigns, and agents release, waive, waive and discharge the Company and the Released Parties (as defined below) its past and present directors, officers, employees, parents, subsidiaries, affiliates, related entities, and agents and each of its and their predecessors, successors and assigns from each and every claim, action action, right, complaint or right application of any sort, known or unknown, arising on or before the date on which the Employee execut...es this Agreement, which the Employee may by law release, Effective Date. a. The foregoing release includes, but is not limited to, any claim of discrimination on the basis of race, sex, gender, pregnancy, religion, marital status, sexual orientation, national origin, handicap or disability, genetic information, age, veteran status, special disabled veteran status, or citizenship status or any other category protected by law; status; any other claim based on a statutory prohibition any local, state, provincial, or requirement; federal prohibition, including but not limited to claims under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1981, the Age Discrimination in Employment Act of 1967, as amended, the Family Medical Leave Act, the Fair Labor Standards Act, the Americans With Disabilities Act, or the Employee Retirement Income Security Act, as amended; any claim arising out of or related to an any alleged express or implied employment contract, including without limitation, the Employment Agreement, any other alleged contract affecting terms and conditions of employment, or a an alleged covenant of good faith and fair dealing; any tort claims, any personal gain with respect to or any claim arising under the qui tam provisions of the False Claims Act, 31 U.S.C. 3730; and for severance pay, bonus, salary, sick leave, stocks, attorneys' fees, holiday pay, vacation pay, life insurance, health or medical insurance or any claims to attorney fees or expenses. Employee further agrees and acknowledges that Employee has been properly paid for all hours worked for the Company, that all salary, wages, commissions, bonuses, vacation, long-term incentives, and other compensation due to Employee have been paid, and that Employee is not owed anything else from Company other than as provided for in this Agreement. fringe benefit. b. The Employee represents that he Employee understands the foregoing release, that rights and claims under the ADEA Age Discrimination in Employment Act of 1967, as amended, are among the rights and claims against the Company that the Employee is releasing through this Agreement, releasing, and that the Employee understands that he Employee is not presently releasing (i) any future rights or claims arising that might arise after the date on which the Employee executes this Agreement; (ii) any rights that may not be released as a matter of law, or any claims he has for liability coverage and/or costs of defense pursuant to liability insurance and/or indemnification rights for acts and omissions occurring during his employment with the Company, including but not limited to any Directors & Officers and general liability insurance or indemnification rights; and (iii) any claims to any vested benefits that the Employee already is entitled to receive under any of the Company's employee compensation or benefit plans, or any right the Employee has to benefits under workers' compensation Jaws, unemployment compensation laws or the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"). Effective Date. 2 c. The Employee further agrees never to sue the Company or its past and present directors, officers, employees, parents, subsidiaries, affiliates, predecessors, related entities, and agents and each of its and their predecessors, successors and assigns or cause the Company or its past and present directors, officers, employees, parents, subsidiaries, affiliates, predecessors, related entities, and agents and each of its and their predecessors, successors and assigns to be sued sued, regarding any matter within the scope of the above release. Employee understands and acknowledges, however, that this Agreement is not intended to and shall not affect his right to file a lawsuit, complaint or charge that challenges the validity of this Agreement under the Older Workers Benefit Protection Act, 29 U.S.C. §626(f), with respect to claims under the ADEA. With the exception of an action to challenge Employee's waiver of claims under the ADEA, if If the Employee violates this release by suing section of the Agreement, the Company or causing the Company to be sued, the Employee agrees to pay may recover all damages as allowed by law, including all costs and expenses of defending against the suit incurred by the Company, expenses, including reasonable attorneys' fees, except to incurred in defending against the extent suit. d. Employee hereby agrees that paying such costs and expenses on the Termination Date, Employee will execute a separate release of claims, a copy of which is prohibited by law or would result in the invalidation of the foregoing release. d. "Released Parties" are the Company, all current and former parents, subsidiaries, related companies, partnerships or joint ventures, and, with respect to each of them, their predecessors and successors; and, with respect to each such entity, all of its past, present, and future employees, officers, directors, stockholders, owners, representatives, assigns, attorneys, agents, insurers, employee benefit programs (and the trustees, administrators, fiduciaries and insurers of such programs), and any other person acting by, through, under or in concert with any of the persons or entities listed in this paragraph, and their successors. e. Notwithstanding this or any other section of the Agreement to the contrary, Employee shall not be prevented from bringing or making any claim, report, or disclosure to the Equal Employment Opportunity Commission, Securities and Exchange Commission, Occupational Safety and Health Administration or any other government agency to whom disclosures are protected by law, in each case to the extent the right to bring such claims, reports, or disclosures are protected by law; notwithstanding the foregoing, however, Employee agrees to waive the right to receive monetary recovery directly from Company, including Company payments that result from any complaints or charges that Employee files with any governmental agency, or that are filed on Employee's behalf. attached hereto as Exhibit "A". View More
Found in HD SUPPLY, INC. contract
Release of Claims. The Employee and his Employee's heirs, assigns, and agents release, waive, waive and discharge the Company and the Released Parties (as defined below) its past and present directors, officers, employees, parents, subsidiaries, affiliates, related entities, and agents and each of its and their predecessors, successors and assigns from each and every claim, action action, right, complaint or right application of any sort, known or unknown, arising on or before the date on which the Employee execut...es this Agreement, which the Employee may by law release, Effective Date. a. The foregoing release includes, but is not limited to, any claim of discrimination on the basis of race, sex, gender, pregnancy, religion, marital status, sexual orientation, national origin, handicap or disability, genetic information, age, veteran status, special disabled veteran status, or citizenship status or any other category protected by law; status; any other claim based on a statutory prohibition any local, state, provincial, or requirement; federal prohibition, including but not limited to claims under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1981, the Age Discrimination in Employment Act of 1967, as amended, the Family Medical Leave Act, the Fair Labor Standards Act, the Americans With Disabilities Act, or the Employee Retirement Income Security Act, the Equal Pay Act, the California Fair Employment and Housing Act, the California Penal 2 Code, the California Constitution, the California Labor Code, the California Family and Medical Leave Act, as amended; any claim arising out of or related to an any alleged express or implied employment contract, including without limitation, the Employment Agreement, any other alleged contract affecting terms and conditions of employment, employment and/or severance rights, or a an alleged covenant of good faith and fair dealing; any tort claims, any personal gain with respect to or any claim arising under for severance pay, bonus, salary, sick leave, stocks, attorneys' fees, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit, to the qui tam provisions of the False Claims Act, 31 U.S.C. 3730; and any claims to attorney fees or expenses. Employee further agrees and acknowledges that Employee has been properly paid for all hours worked for the Company, that all salary, wages, commissions, bonuses, vacation, long-term incentives, and other compensation due to Employee have been paid, and that Employee is not owed anything else from Company other than as provided for in this Agreement. full extent permitted by law. b. The Employee represents that he Employee understands the foregoing release, that rights and claims under the ADEA Age Discrimination in Employment Act of 1967, as amended ("ADEA"), are among the rights and claims against the Company that the Employee is releasing through this Agreement, releasing, and that the Employee understands that he Employee is not presently releasing (i) any future rights or claims arising that might arise after the date on which the Employee executes this Agreement; (ii) any rights that may not be released as a matter of law, or any claims he has for liability coverage and/or costs of defense pursuant to liability insurance and/or indemnification rights for acts and omissions occurring during his employment with the Company, including but not limited to any Directors & Officers and general liability insurance or indemnification rights; and (iii) any claims to any vested benefits that the Employee already is entitled to receive under any of the Company's employee compensation or benefit plans, or any right the Employee has to benefits under workers' compensation Jaws, unemployment compensation laws or the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"). Effective Date. c. The Employee further agrees never to sue the Company or its past and present directors, officers, employees, parents, subsidiaries, affiliates, predecessors, related entities, and agents and each of its and their predecessors, successors and assigns or cause the Company or its past and present directors, officers, employees, parents, subsidiaries, affiliates, predecessors, related entities, and agents and each of its and their predecessors, successors and assigns to be sued sued, regarding any matter within the scope of the above release. If Employee understands violates this section of the Agreement, the Company may recover all damages as allowed by law, including all costs and acknowledges, however, that this Agreement is not intended to and expenses, including reasonable attorneys' fees, incurred in defending against the suit. d. This release shall not affect his be interpreted to require Employee to waive or release Employee's right to file a lawsuit, complaint charge with the Equal Employment Opportunity Commission ("EEOC") or charge that challenges the National Labor Relations Board ("NLRB"). However, Employee does waive and release Employee's right to any monetary recovery or other personal relief should the EEOC, NLRB, or any other agency pursue claims on Employee's behalf. This release also does not apply to any lawsuit brought to challenge the validity of this Agreement under the Older Workers Benefit Protection Act, 29 U.S.C. §626(f), with respect ADEA, to enforce the terms of this Agreement, or for claims that arise under the ADEA. With ADEA after the exception Effective Date. e. Nothing in this Agreement is intended to prohibit Employee from reporting possible violations of an action federal law to challenge Employee's waiver of claims any governmental agency or entity, or from making other disclosures that are protected under the ADEA, if whistleblower provisions of federal law. Employee does not need the Employee violates this release by suing the Company or causing the Company Company's prior authorization to be sued, the Employee agrees to pay all costs and expenses of defending against the suit incurred by the Company, including reasonable attorneys' fees, except to the extent that paying make any such costs and expenses is prohibited by law or would result in the invalidation of the foregoing release. d. "Released Parties" are the Company, all current and former parents, subsidiaries, related companies, partnerships or joint ventures, and, with respect to each of them, their predecessors and successors; and, with respect to each such entity, all of its past, present, and future employees, officers, directors, stockholders, owners, representatives, assigns, attorneys, agents, insurers, employee benefit programs (and the trustees, administrators, fiduciaries and insurers of such programs), and any other person acting by, through, under or in concert with any of the persons or entities listed in this paragraph, and their successors. e. Notwithstanding this or any other section of the Agreement to the contrary, Employee shall not be prevented from bringing or making any claim, report, or disclosure to the Equal Employment Opportunity Commission, Securities and Exchange Commission, Occupational Safety and Health Administration or any other government agency to whom disclosures are protected by law, in each case to the extent the right to bring such claims, reports, reports or disclosures are protected by law; notwithstanding and is not required to notify Company that such reports or disclosures have been made. f. Employee hereby agrees that on the foregoing, however, Termination Date, Employee agrees to waive the right to receive monetary recovery directly from Company, including Company payments that result from any complaints or charges that Employee files with any governmental agency, or that are filed on Employee's behalf. will execute a separate release of claims, a copy of which is attached hereto as Exhibit "A". View More
Found in HD SUPPLY, INC. contract
Release of Claims. The Employee and his Employee's heirs, assigns, and agents release, waive, waive and discharge the Company and the Released Parties (as defined below) its past and present directors, officers, employees, parents, subsidiaries, affiliates, related entities, and agents and each of its and their predecessors, successors and assigns from each and every claim, action action, right, complaint or right application of any sort, known or unknown, arising on or before the date on which the Employee execut...es this Agreement, which the Employee may by law release, Effective Date. a. The foregoing release includes, but is not limited to, any claim of discrimination on the basis of race, sex, gender, pregnancy, religion, marital status, sexual orientation, national origin, handicap or disability, genetic information, age, veteran status, special disabled veteran status, or citizenship status or any other category protected by law; status; any other claim based on a statutory prohibition any local, state, provincial, or requirement; federal prohibition, including but not limited to claims under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1981, the Age Discrimination in Employment Act of 1967, as amended, the Family Medical Leave Act, the Fair Labor Standards Act, the Americans With Disabilities Act, or the Employee Retirement Income Security Act, the Equal Pay Act, the California Fair Employment and Housing Act, the California Penal Code, the California Constitution, the California Labor Code, the California Family and Medical Leave Act, as amended; any claim arising out of or related to an any alleged express or implied employment contract, including without limitation, the Employment Agreement, any other alleged contract affecting terms and conditions of employment, employment and/or severance rights, or a an alleged covenant of good faith and fair dealing; any tort claims, any personal gain with respect to or any claim arising under for severance pay, bonus, salary, sick leave, stocks, attorneys' fees, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit, to the qui tam provisions of the False Claims Act, 31 U.S.C. 3730; and any claims to attorney fees or expenses. Employee further agrees and acknowledges that Employee has been properly paid for all hours worked for the Company, that all salary, wages, commissions, bonuses, vacation, long-term incentives, and other compensation due to Employee have been paid, and that Employee is not owed anything else from Company other than as provided for in this Agreement. full extent permitted by law. b. The Employee represents that he Employee understands the foregoing release, that rights and claims under the ADEA Age Discrimination in Employment Act of 1967, as amended ("ADEA"), are among the rights and claims against the Company that the Employee is releasing through this Agreement, releasing, and that the Employee understands that he Employee is not presently releasing (i) any future rights or claims arising that might arise after the date on which the Employee executes this Agreement; (ii) any rights that may not be released as a matter of law, or any claims he has for liability coverage and/or costs of defense pursuant to liability insurance and/or indemnification rights for acts and omissions occurring during his employment with the Company, including but not limited to any Directors & Officers and general liability insurance or indemnification rights; and (iii) any claims to any vested benefits that the Employee already is entitled to receive under any of the Company's employee compensation or benefit plans, or any right the Employee has to benefits under workers' compensation Jaws, unemployment compensation laws or the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"). Effective Date. c. The Employee further agrees never to sue the Company or its past and present directors, officers, employees, parents, subsidiaries, affiliates, predecessors, related entities, and agents and each of its and their predecessors, successors and assigns or cause the Company or its past and present directors, officers, employees, parents, subsidiaries, affiliates, predecessors, related entities, and agents and each of its and their predecessors, successors and assigns to be sued sued, regarding any matter within the scope of the above release. If Employee understands violates this section of the Agreement, the Company may recover all damages as allowed by law, including all costs and acknowledges, however, that this Agreement is not intended to and expenses, including reasonable attorneys' fees, incurred in defending against the suit. d. This release shall not affect his be interpreted to require Employee to waive or release Employee's right to file a lawsuit, complaint charge with the Equal Employment Opportunity Commission ("EEOC") or charge that challenges the National Labor Relations Board ("NLRB"). However, Employee does waive and release Employee's right to any monetary recovery or other personal relief should the EEOC, NLRB, or any other agency pursue claims on Employee's behalf. This release also does not apply to any lawsuit brought to challenge the validity of this Agreement under the Older Workers Benefit Protection Act, 29 U.S.C. §626(f), with respect ADEA, to enforce the terms of this Agreement, or for claims that arise under the ADEA. With ADEA after the exception of an action to challenge Employee's waiver of claims under the ADEA, if the Employee violates Effective Date. Further, this release by suing does not release or affect Employee's rights to indemnification from the Company or causing a Company affiliate under the Company to be sued, the Employee agrees to pay all costs and expenses of defending against the suit incurred by the Company, including reasonable attorneys' fees, except to the extent that paying such costs and expenses is prohibited by law or would result in the invalidation of the foregoing release. d. "Released Parties" are the Company, all current and former parents, subsidiaries, related companies, partnerships or joint ventures, and, with respect to each of them, their predecessors and successors; and, with respect to each such entity, all of its past, present, and future employees, officers, directors, stockholders, owners, representatives, assigns, attorneys, agents, insurers, employee benefit programs (and the trustees, administrators, fiduciaries and insurers of such programs), and Company's bylaws, any other person acting by, through, under or in concert with any of the persons or entities listed in this paragraph, and their successors. e. Notwithstanding this governing document, or any other section right of indemnification, whether by agreement or applicable law. e. Nothing in this Agreement, including the Agreement provisions of Paragraph 15, is intended to prohibit Employee from reporting possible violations of federal law to any governmental agency or entity, from making other disclosures that are protected under the contrary, whistleblower provisions of federal law, or from providing truthful testimony pursuant to court order, subpoena, or as otherwise required by law. With respect to agency communications, Employee does not need the Company's prior authorization to make any such reports or disclosures and is not required to notify Company that such reports or disclosures have been made. With respect to testimony required by court order, subpoena, or other legal process, Employee shall not be prevented from bringing notify the Company in writing as soon as practicable following receipt of such order, subpoena, or making any claim, report, or disclosure to process. f. Employee hereby agrees that on the Equal Employment Opportunity Commission, Securities and Exchange Commission, Occupational Safety and Health Administration or any other government agency to whom disclosures are protected by law, in each case to the extent the right to bring such Termination Date, Employee will execute a separate release of claims, reports, or disclosures are protected by law; notwithstanding the foregoing, however, Employee agrees to waive the right to receive monetary recovery directly from Company, including Company payments that result from any complaints or charges that Employee files with any governmental agency, or that are filed on Employee's behalf. a copy of which is attached hereto as Exhibit "A". View More
Found in HD SUPPLY, INC. contract
Release of Claims. The Employee and his heirs, assigns, and agents release, waive, and discharge the Company and the Released Parties (as defined below) from each and every claim, action or right of any sort, known or unknown, arising on or before the date on which the Employee executes this Agreement, which the Employee may by law release, a. Effective Date. a) The foregoing release includes, but is not limited to, any claim of discrimination on the basis of race, sex, gender, pregnancy, religion, marital status,... sexual orientation, national origin, handicap or disability, genetic information, age, veteran status, special disabled veteran status, or citizenship status or any other category protected by law; any other claim based on a statutory prohibition or requirement; any claim arising out of or related to an express or implied employment contract, including without limitation, the Employment Agreement, any other contract affecting terms and conditions of employment, or a covenant of good faith and fair dealing; any tort claims, any personal gain with respect to any claim arising under the qui tam provisions of the False Claims Act, 31 U.S.C. 3730; 3730 and any claims to attorney fees or expenses. Employee further agrees and acknowledges that Employee has been properly paid for all hours worked for the Company, that all salary, wages, commissions, bonuses, vacation, long-term incentives, and other compensation due to Employee have been paid, and that Employee is not owed anything else from Company other than as provided for in this Agreement. b. b) The Employee represents that he understands the foregoing release, that rights and claims under the ADEA Age Discrimination in Employment Act of 1967, as amended, are among the rights and claims against the Company that the Employee he is releasing through this Agreement, releasing, and that the Employee he understands that he is not releasing (i) any rights or claims arising after the date on which the Employee executes this Agreement; (ii) any rights that may not be released as a matter of law, or any claims he has for liability coverage and/or costs of defense pursuant to liability insurance and/or indemnification rights for acts and omissions occurring during his employment with the Company, including but not limited to any Directors & Officers and general liability insurance or indemnification rights; and (iii) any claims to any vested benefits that the Employee already is entitled to receive under any of the Company's employee compensation or benefit plans, or any right the Employee has to benefits under workers' compensation Jaws, unemployment compensation laws or the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"). c. Effective Date. c) The Employee further agrees never to sue the Company or cause the Company to be sued regarding any matter within the scope of the above release. Employee understands and acknowledges, however, that this Agreement is not intended to and shall not affect his right to file a lawsuit, complaint or charge that challenges the validity of this Agreement under the Older Workers Benefit Protection Act, 29 U.S.C. §626(f), with respect to claims under the ADEA. With the exception of an action to challenge Employee's waiver of claims under the ADEA, if If the Employee violates this release by suing the Company or causing the Company to be sued, the Employee agrees to pay all costs and expenses of defending against the suit incurred by the Company, including reasonable attorneys' fees, fees except to the extent that paying such costs and expenses is prohibited by law or would result in the invalidation of the foregoing release. d. "Released Parties" 3 d) Released Parties are the Company, all current and former parents, subsidiaries, related companies, partnerships or joint ventures, and, with respect to each of them, their predecessors and successors; and, with respect to each such entity, all of its past, present, and future employees, officers, directors, stockholders, owners, representatives, assigns, attorneys, agents, insurers, employee benefit programs (and the trustees, administrators, fiduciaries and insurers of such programs), and any other person acting by, through, under or in concert with any of the persons or entities listed in this paragraph, and their successors. e. Notwithstanding this or any other section of the Agreement to the contrary, Employee shall not be prevented from bringing or making any claim, report, or disclosure to the Equal Employment Opportunity Commission, Securities and Exchange Commission, Occupational Safety and Health Administration or any other government agency to whom disclosures are protected by law, in each case to the extent the right to bring such claims, reports, or disclosures are protected by law; notwithstanding the foregoing, however, Employee agrees to waive the right to receive monetary recovery directly from Company, including Company payments that result from any complaints or charges that Employee files with any governmental agency, or that are filed on Employee's behalf. View More
Found in Genworth Financial contract
Release of Claims. The Employee and his heirs, assigns, and agents release, waive, and discharge the Company and the Released Parties (as defined below) from each and every claim, action or right of any sort, known or unknown, arising on or before the date on which the Employee executes this Agreement, which the Employee may by law release, a. Effective Date. a) The foregoing release includes, but is not limited to, any claim of discrimination on the basis of race, sex, gender, pregnancy, religion, marital status,... sexual orientation, national origin, handicap or disability, genetic information, age, veteran status, special disabled veteran status, or citizenship status or any other category protected by law; any other claim based on a statutory prohibition or requirement; any claim arising out of or related to an express or implied employment contract, including without limitation, the Employment Agreement, any other contract affecting terms and conditions of employment, or a covenant of good faith and fair dealing; any tort claims, any personal gain with respect to any claim arising under the qui tam provisions of the False Claims Act, 31 U.S.C. 3730; 3730 and any claims to attorney fees or expenses. Employee further agrees and acknowledges that Employee has been properly paid for all hours worked for the Company, that all salary, wages, commissions, bonuses, vacation, long-term incentives, and other compensation due to Employee have been paid, and that Employee is not owed anything else from Company other than as provided for in this Agreement. b. b) The Employee represents that he understands the foregoing release, that rights and claims under the ADEA Age Discrimination in Employment Act of 1967, as amended, are among the rights and claims against the Company that the Employee he is releasing through this Agreement, releasing, and that the Employee he understands that he is not releasing (i) any rights or claims arising after the date on which the Employee executes this Agreement; (ii) any rights that may not be released as a matter of law, or any claims he has for liability coverage and/or costs of defense pursuant to liability insurance and/or indemnification rights for acts and omissions occurring during his employment with the Company, including but not limited to any Directors & Officers and general liability insurance or indemnification rights; and (iii) any claims to any vested benefits that the Employee already is entitled to receive under any of the Company's employee compensation or benefit plans, or any right the Employee has to benefits under workers' compensation Jaws, unemployment compensation laws or the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"). c. Effective Date. c) The Employee further agrees never to sue the Company or cause the Company to be sued regarding any matter within the scope of the above release. Employee understands and acknowledges, however, that this Agreement is not intended to and shall not affect his right to file a lawsuit, complaint or charge that challenges the validity of this Agreement under the Older Workers Benefit Protection Act, 29 U.S.C. §626(f), with respect to claims under the ADEA. With the exception of an action to challenge Employee's waiver of claims under the ADEA, if If the Employee violates this release by suing the Company or causing the Company to be sued, the Employee agrees to pay all costs and expenses of defending against the suit incurred by the Company, including reasonable attorneys' fees, fees except to the extent that paying such costs and expenses is prohibited by law or would result in the invalidation of the foregoing release. d. "Released Parties" d) Released Parties are the Company, all current and former parents, subsidiaries, related companies, partnerships or joint ventures, and, with respect to each of them, their predecessors and successors; and, 2 with respect to each such entity, all of its past, present, and future employees, officers, directors, stockholders, owners, representatives, assigns, attorneys, agents, insurers, employee benefit programs (and the trustees, administrators, fiduciaries and insurers of such programs), and any other person acting by, through, under or in concert with any of the persons or entities listed in this paragraph, and their successors. e. Notwithstanding this or any other section of the Agreement to the contrary, Employee shall not be prevented from bringing or making any claim, report, or disclosure to the Equal Employment Opportunity Commission, Securities and Exchange Commission, Occupational Safety and Health Administration or any other government agency to whom disclosures are protected by law, in each case to the extent the right to bring such claims, reports, or disclosures are protected by law; notwithstanding the foregoing, however, Employee agrees to waive the right to receive monetary recovery directly from Company, including Company payments that result from any complaints or charges that Employee files with any governmental agency, or that are filed on Employee's behalf. View More
Found in Genworth Financial contract
Release of Claims. The Employee and his or her heirs, assigns, and agents agents, release, waive, and discharge the Company and the Released Parties (as as defined below) below from each and every claim, action or right of any sort, known or unknown, arising on or before the date on which the Employee executes this Agreement, which the Employee may by law release, a. Effective Date. (a) The foregoing release includes, but is not limited to, any claim of discrimination on the basis of race, sex, gender, pregnancy, ...religion, marital status, sexual orientation, national origin, handicap or disability, genetic information, age, veteran status, special disabled veteran status, or citizenship status or any other category protected by law; any other claim based on a statutory prohibition or requirement; any claim arising out of or related to an express or implied employment contract, including without limitation, the Employment Agreement, any other contract affecting terms and conditions of employment, or a covenant of good faith and fair dealing; any tort claims, any personal gain with respect to any claim arising under the qui tam provisions of the False Claims Act, 31 U.S.C. 3730; 3730 and any claims to attorney fees or expenses. Employee further agrees and acknowledges that Employee has been properly paid for all hours worked for the Company, that all salary, wages, commissions, bonuses, vacation, long-term incentives, and other compensation due to Employee have been paid, and that Employee is not owed anything else from Company other than as provided for in this Agreement. b. (b) The Employee represents that he Employee understands the foregoing release, that rights and claims under the ADEA Age Discrimination in Employment Act of 1967, as amended, are among the rights and claims against the Company that the Employee is releasing through this Agreement, releasing, and that the Employee understands that he Employee is not releasing (i) any rights or claims arising after the date on which the Employee executes this Agreement; (ii) any rights that may not be released as a matter of law, or any claims he has for liability coverage and/or costs of defense pursuant to liability insurance and/or indemnification rights for acts and omissions occurring during his employment with the Company, including but not limited to any Directors & Officers and general liability insurance or indemnification rights; and (iii) any claims to any vested benefits that the Employee already is entitled to receive under any of the Company's employee compensation or benefit plans, or any right the Employee has to benefits under workers' compensation Jaws, unemployment compensation laws or the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"). c. Effective Date. (c) The Employee further agrees never to sue the Company or cause the Company to be sued regarding any matter within the scope of the above release. Employee understands and acknowledges, however, that this Agreement is not intended to and shall not affect his right to file a lawsuit, complaint or charge that challenges the validity of this Agreement under the Older Workers Benefit Protection Act, 29 U.S.C. §626(f), with respect to claims under the ADEA. With the exception of an action to challenge Employee's waiver of claims under the ADEA, if If the Employee violates this release by suing the Company or causing the Company to be sued, the Employee agrees to pay all costs and expenses of defending against the suit incurred by the Company, including reasonable attorneys' fees, fees except to the extent that paying such costs and expenses is prohibited by law or would result in the invalidation of the foregoing release. d. "Released Parties" (d) Released Parties are the Company, all current and former parents, subsidiaries, related companies, partnerships or joint ventures, and, with respect to each of them, their predecessors and successors; and, with respect to each such entity, all of its past, present, and future employees, officers, directors, stockholders, owners, representatives, assigns, attorneys, agents, insurers, employee benefit programs (and the trustees, administrators, fiduciaries and insurers of such programs), and any other person acting by, through, under or in concert with any of the persons or entities listed in this paragraph, and their successors. e. Notwithstanding this or any other section of the Agreement to the contrary, (e) Provided, however, that Employee shall not be prevented from bringing or making any claim, report, or disclosure to the Equal Employment Opportunity Commission, Securities and Exchange Commission, Occupational Safety and Health Administration or any other government agency to whom disclosures are protected by law, in each case to the extent the right to bring such claims, reports, or disclosures are protected by law; notwithstanding the foregoing, however, Employee agrees to waive the right to receive monetary recovery directly from Company, including Company payments that result from any complaints or charges that Employee files with any governmental agency, or that are filed on Employee's behalf. (f) This general release does not in any way diminish or impair: (i) any claims Employee may have that cannot be waived under applicable law, (ii) Employee's right to enforce this Agreement; (iii) any rights Employee may have to indemnification from personal liability or to protection under any insurance policy maintained by the Company, including without limitation any general liability, employment practices liability, or directors and officers insurance policy or any contractual indemnification agreement; (iv) Employee's right, if any, to government provided unemployment and worker's compensation benefits; or (v) Employee's rights to any vested benefits under any Company benefit plans (i.e. health, disability or tax-qualified retirement plans). View More
Found in Genworth Financial contract
Release of Claims. The Employee and his or her heirs, assigns, and agents agents, release, waive, and discharge the Company and the Released Parties (as as defined below) below from each and every claim, action or right of any sort, known or unknown, arising on or before the date on which Effective Date; the Employee executes this Agreement, which parties acknowledge and agree that the Employee may by law release, a. decision to terminate Employee's employment was made prior to the Effective Date. (a) The foregoin...g release includes, but is not limited to, any claim of discrimination on the basis of race, sex, gender, pregnancy, religion, marital status, sexual orientation, national origin, handicap or disability, genetic information, age, veteran status, special disabled veteran status, or citizenship status or any other category protected by law; any other claim based on a statutory prohibition or requirement; any claim arising out of or related to an express or implied employment contract, including without limitation, the Employment Agreement, any other contract affecting terms and conditions of employment, or a covenant of good faith and fair dealing; any tort claims, any personal gain with respect to any claim arising under the qui tam provisions of the False Claims Act, 31 U.S.C. 3730; 3730 and any claims to attorney fees or expenses. Employee further agrees and acknowledges that Employee has been properly paid for all hours worked for the Company, that all salary, wages, commissions, bonuses, vacation, long-term incentives, and other compensation due to Employee have been paid, and that Employee is not owed anything else from Company other than as provided for in this Agreement. b. (b) The Employee represents that he Employee understands the foregoing release, that rights and claims under the ADEA Age Discrimination in Employment Act of 1967, as amended, are among the rights and claims against the Company that the Employee is releasing through this Agreement, releasing, and that the Employee understands that he Employee is not releasing (i) any rights or claims arising after the date on which the Employee executes this Agreement; (ii) any rights that may not be released as a matter of law, or any claims he has for liability coverage and/or costs of defense pursuant to liability insurance and/or indemnification rights for acts and omissions occurring during his employment with the Company, including but not limited to any Directors & Officers and general liability insurance or indemnification rights; and (iii) any claims to any vested benefits that the Employee already is entitled to receive under any of the Company's employee compensation or benefit plans, or any right the Employee has to benefits under workers' compensation Jaws, unemployment compensation laws or the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"). c. Effective Date. (c) The Employee further agrees never to sue the Company or cause the Company to be sued regarding any matter within the scope of the above release. Employee understands and acknowledges, however, that this Agreement is not intended to and shall not affect his right to file a lawsuit, complaint or charge that challenges the validity of this Agreement under the Older Workers Benefit Protection Act, 29 U.S.C. §626(f), with respect to claims under the ADEA. With the exception of an action to challenge Employee's waiver of claims under the ADEA, if If the Employee violates this release by suing the Company or causing the Company to be sued, the Employee agrees to pay all costs and expenses of defending against the suit incurred by the Company, including reasonable attorneys' fees, fees except to the extent that paying such costs and expenses is prohibited by law or would result in the invalidation of the foregoing release. d. "Released Parties" (d) Released Parties are the Company, all current and former parents, subsidiaries, related companies, partnerships or joint ventures, and, with respect to each of them, their predecessors and successors; and, with respect to each such entity, all of its past, present, and future employees, officers, directors, stockholders, owners, representatives, assigns, attorneys, agents, insurers, employee benefit programs (and the trustees, administrators, fiduciaries and insurers of such programs), and any other person acting by, through, under or in concert with any of the persons or entities listed in this paragraph, and their successors. e. Notwithstanding this or any other section of the Agreement to the contrary, (e) Provided, however, that Employee shall not be prevented from bringing or making any claim, report, or disclosure to the Equal Employment Opportunity Commission, Securities and Exchange Commission, Occupational Safety and Health Administration or any other government agency to whom disclosures are protected by law, in each case to the extent the right to bring such claims, reports, or disclosures are protected by law; notwithstanding the foregoing, however, Employee agrees to waive the right to receive monetary recovery directly from Company, including Company payments that result from any complaints or charges that Employee files with any governmental agency, or that are filed on Employee's behalf. View More
Found in Genworth Financial contract