Release of Claims Clause Example with 12 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 voluntarily, fully, forever, irrevocably and unconditionally releases and discharges the Company, its affiliates, subsidiaries and parent companies and each of their predecessors, successors, assigns, and their current and former members, partners, directors, managers, officers, employees, representatives, attorneys, agents, and all persons acting by, through, under or in concert with any of the foregoing (any and all of whom or which are hereinafter referred to as the "Releasees"),... from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorney's fees and costs actually incurred), of any nature whatsoever, known or unknown that the Employee now has, owns or holds, or claims to have, own, or hold, or that he at any time had, owned, or held, or claimed to have had, owned, or held against any Releasee arising out of the Employee's employment with or separation from the Company (collectively, "Claims"). This release of Claims includes, without implication of limitation, the release of all Claims: • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964 and Claims of discrimination or retaliation under state law); • under any other federal or state statute, to the fullest extent that Claims may be released; • of defamation or other torts; • of violation of public policy; • for wages, salary, bonuses, vacation pay or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney's fees. Notwithstanding anything to the contrary contained herein, this Release does not apply to or affect (i) the Employee's right to receive the severance payments set forth in Section 3 of Offer Letter , (ii) the Employee's right to be reimbursed for reasonable business expenses incurred prior to termination of the Employee's employment according to the terms of Section 2(e) of the Offer Letter; (iii) the Employee's ownership of, and the Employee's rights by virtue of his ownership of, any capital stock or other securities of the Company, (iv) any rights of indemnification or exculpation of which the Employee is the beneficiary under any separate contractual indemnification agreement with the Company in connection with his service as a director or officer of the Company, the corporate charter, bylaws or other charter or organizational instruments or benefit or equity plans of the Company or any other Releasee or at law and rights of coverage to which the Employee may be entitled under any director and officer liability insurance policy of the Company or any other Releasee or (v) for purposes of clarity, any Claim arising out of any matters or events occurring after the effective date of the Release. A-8 4. Ongoing Obligations of the Employee; Enforcement Rights. The Employee reaffirms his ongoing obligations as well as the Company's enforcement rights provided for in Sections 6, 7 and 8 of the Offer Letter.View More
Variations of a "Release of Claims" Clause from Business Contracts
Release of Claims. The Employee voluntarily, fully, forever, irrevocably and unconditionally Except as provided below, the Executive voluntarily releases and forever discharges the Company, its affiliates, subsidiaries affiliated and parent companies and each of their predecessors, successors, assigns, related entities, its and their respective predecessors, successors and assigns, its and their respective employee benefit plans and fiduciaries of such plans, and the current and former members, partners, directors..., managers, officers, shareholders, employees, representatives, attorneys, agents, accountants and all persons acting by, through, under or in concert with any agents of each of the foregoing (any in their official and all of whom or which are hereinafter personal capacities (collectively referred to as the "Releasees"), "Releasees") generally from any all claims, demands, debts, damages and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes liabilities of action, suits, rights, demands, costs, losses, debts every name and expenses (including attorney's fees and costs actually incurred), of any nature whatsoever, nature, known or unknown that (collectively, "Claims") that, as of the Employee date when the Executive signs this Release, he has, ever had, now has, owns or holds, or claims to have, own, have or hold, or that he at any time had, owned, or held, or ever claimed to have had, owned, or held had against any Releasee arising out or all of the Employee's employment with or separation from the Company (collectively, "Claims"). Releasees. This general release of Claims includes, without implication of limitation, the release of all Claims: • relating to the Executive's employment by and termination from employment with the Company or any related entity; • of wrongful discharge or violation of public policy; • of breach of contract; • of discrimination or retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, and Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964 and Claims of discrimination or retaliation under state law); 1964; • under any other federal or state statute, to the fullest extent that Claims may be released; statute or constitution or local ordinance; • of defamation or other torts; • of violation of public policy; • for wages, salary, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits; benefits, whether under the Massachusetts Wage Act or otherwise; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney's fees. Notwithstanding anything to the contrary contained herein, in this Release, Section 2 of this Release does not apply to include and will not preclude: (a) Executive's rights or affect (i) claims under the Employee's right Agreement to receive Termination Benefits and Accrued Obligations; (b) claims for worker's compensation benefits under applicable law; (c) any claims arising solely after the severance payments set forth in Section 3 execution of Offer Letter , (ii) the Employee's right this Release; (d) any claims or rights Executive may have to be reimbursed for reasonable business expenses incurred prior to termination of the Employee's employment according any vested benefits or vested rights under any employee benefit, welfare, retirement and/or pension plans (the "Plans"), subject to the terms of Section 2(e) of the Offer Letter; (iii) Plans, including, but not limited to, the Employee's ownership of, Company's 2015 Stock Incentive Plan and/or the Equity Documents, or any subsequently adopted incentive compensation plan, and the Employee's rights by virtue of his ownership of, any capital stock or other securities of the Company, (iv) applicable equity Award agreements; (e) any rights and/or claims Executive may have under the Consolidated Omnibus Budget Reconciliation Act of indemnification or exculpation 1985 ("COBRA"); (f) claims for unemployment compensation benefits under state law; (g) claims for reimbursement of which the Employee is the beneficiary under any separate contractual indemnification agreement with business expenses approved by the Company in connection with his service as a director or officer and incurred by the Executive prior to the Date of the Company, the corporate charter, bylaws or other charter or organizational instruments or benefit or equity plans of Termination; (h) rights, if any, to defense and indemnification from the Company or its insurers for actions taken by Executive in the course and scope of Executive's employment with the Company, including, but not limited to, any other Releasee claims or at law and rights of coverage to which under the Employee Indemnification Agreement; or (i) any rights and/or claims you may be entitled under any director and officer liability insurance policy have as a shareholder of the Company or any other Releasee or (v) for purposes of clarity, any Claim arising out of any matters or events occurring after the effective date of the Release. A-8 4. Company. Raj Kannan May 31, 2019 Page 8 3. Ongoing Obligations of the Employee; Enforcement Rights. Executive. The Employee Executive hereby reaffirms his that the Restrictive Covenant Agreement remains in full effect, except that the Executive hereby waives any right to Garden Leave (as defined in the Restrictive Covenant Agreement) and agrees that Section 8(c) of the Restrictive Covenant Agreement is hereby deleted in its entirety and replaced with the following text taken from the original Section 8(c): "I shall not directly or indirectly, whether as owner, partner, shareholder, director, manager, consultant, agent, employee, co-venturer or otherwise, anywhere in the United States or in any other country in which the Company does business, engage or otherwise participate in any business that develops, manufactures or markets any products, or performs any services, that are competitive with the products or services of the Company, or products or services that the Company or its affiliates, has under development or that are the subject of active planning at any time during my employment." The first sentence of Section 17 ("Waiver") of the Restrictive Covenant Agreement is hereby deleted. The Restrictive Covenant Agreement, as amended herein, is incorporated herein by reference. The Restrictive Covenant Agreement, and any other ongoing obligations as well as the Company's enforcement rights provided for in Sections 6, 7 and 8 of Executive has under the Offer Letter. Agreement, are the "Ongoing Obligations", which Obligations are incorporated herein by reference. View More
Release of Claims. The Employee voluntarily, fully, forever, irrevocably and unconditionally Except as provided below, the Executive voluntarily releases and forever discharges the Company, its affiliates, subsidiaries affiliated and parent companies and each of their predecessors, successors, assigns, related entities, its and their respective predecessors, successors and assigns, its and their respective employee benefit plans and fiduciaries of such plans, and the current and former members, partners, directors..., managers, officers, shareholders, employees, representatives, attorneys, agents, accountants and all persons acting by, through, under or in concert with any agents of each of the foregoing (any in their official and all of whom or which are hereinafter personal capacities (collectively referred to as the "Releasees"), "Releasees") generally from any all claims, demands, debts, damages and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes liabilities of action, suits, rights, demands, costs, losses, debts every name and expenses (including attorney's fees and costs actually incurred), of any nature whatsoever, nature, known or unknown that (collectively, "Claims") that, as of the Employee date when the Executive signs this Release, he has, ever had, now has, owns or holds, or claims to have, own, have or hold, or that he at any time had, owned, or held, or ever claimed to have had, owned, or held had against any Releasee arising out or all of the Employee's employment with or separation from the Company (collectively, "Claims"). Releasees. This general release of Claims includes, without implication of limitation, the release of all Claims: • relating to the Executive's employment by and termination from employment with the Company or any related entity; • of wrongful discharge or violation of public policy; • of breach of contract; • of discrimination or retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, and Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964 and Claims of discrimination or retaliation under state law); 1964; • under any other federal or state statute, to the fullest extent that Claims may be released; statute or constitution or local ordinance; • of defamation or other torts; • of violation of public policy; • for wages, salary, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits; benefits, whether under the Massachusetts Wage Act or otherwise; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney's fees. Notwithstanding anything to the contrary contained herein, in this Release, Section 2 of this Release does not apply to include and will not preclude: (a) Executive's rights or affect (i) claims under the Employee's right Agreement to receive Termination Benefits; (b) claims for worker's compensation benefits under applicable law; (c) any claims arising solely after the severance payments set forth in Section 3 execution of Offer Letter , (ii) the Employee's right this Release; (d) any claims or rights Executive may have to be reimbursed for reasonable business expenses incurred prior to termination of the Employee's employment according any vested benefits or vested rights under any employee benefit, welfare, retirement and/or pension plans (the "Plans"), subject to the terms of Section 2(e) of the, including, but not limited to, the Offer Letter; (iii) the Employee's ownership of, Company's 2015 Stock Incentive Plan, or any subsequently adopted incentive compensation plan, and the Employee's rights by virtue of his ownership of, any capital stock or other securities of the Company, (iv) applicable equity Award agreements; (e) any rights and/or claims Executive may have under the Consolidated Omnibus Budget Reconciliation Act of indemnification or exculpation 1985 ("COBRA"); (f) claims for unemployment compensation benefits under state law; (g) claims for reimbursement of which the Employee is the beneficiary under any separate contractual indemnification agreement with business expenses approved by the Company in connection with his service as a director and incurred by the Executive prior to the Date of Termination; or officer of the Company, the corporate charter, bylaws or other charter or organizational instruments or benefit or equity plans of (h) rights, if any, to defense and indemnification from the Company or any other Releasee or at law its insurers for actions taken by Executive in the course and rights scope of coverage to which Executive's employment with the Employee may be entitled under any director and officer liability insurance policy of the Company or any other Releasee or (v) for purposes of clarity, any Claim arising out of any matters or events occurring after the effective date of the Release. A-8 4. Company; Mark J. Fitzpatrick May 31, 2019 Page 9 3. Ongoing Obligations of the Employee; Enforcement Rights. Executive. The Employee Executive hereby reaffirms his ongoing obligations as well as to the Company's enforcement rights provided for in Sections 6, 7 Company under the Restrictive Covenant Agreement and 8 of otherwise under the Offer Letter. Agreement (the "Ongoing Obligations"), which Obligations are incorporated herein by reference. View More
Release of Claims. The Employee voluntarily, fully, forever, irrevocably and unconditionally Except as provided below, the Executive voluntarily releases and forever discharges the Company, its affiliates, subsidiaries affiliated and parent companies and each of their predecessors, successors, assigns, related entities, its and their respective predecessors, successors and assigns, its and their respective employee benefit plans and fiduciaries of such plans, and the current and former members, partners, directors..., managers, officers, shareholders, employees, representatives, attorneys, agents, accountants and all persons acting by, through, under or in concert with any agents of each of the foregoing (any in their official and all of whom or which are hereinafter personal capacities (collectively referred to as the "Releasees"), "Releasees") generally from any all claims, demands, debts, damages and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes liabilities of action, suits, rights, demands, costs, losses, debts every name and expenses (including attorney's fees and costs actually incurred), of any nature whatsoever, nature, known or unknown that (collectively, "Claims") that, as of the Employee date when the Executive signs this Release, he has, ever had, now has, owns or holds, or claims to have, own, have or hold, or that he at any time had, owned, or held, or ever claimed to have had, owned, or held had against any Releasee arising out or all of the Employee's employment with or separation from the Company (collectively, "Claims"). Releasees. This general release of Claims includes, without implication of limitation, the release of all Claims: • relating to the Executive's employment by and termination from employment with the Company or any related entity; • of wrongful discharge or violation of public policy; • of breach of contract; • of discrimination or retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, and Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964 and Claims of discrimination or retaliation under state law); 1964; • under any other federal or state statute, to the fullest extent that Claims may be released; statute or constitution or local ordinance; • of defamation or other torts; • of violation of public policy; • for wages, salary, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits; benefits, whether under the Massachusetts Wage Act or otherwise; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney's fees. Notwithstanding anything to the contrary contained herein, in this Release, Section 2 of this Release does not apply to include and will not preclude: (a) Executive's rights or affect (i) claims under the Employee's right Agreement to receive Termination Benefits; (b) claims for worker's compensation benefits under applicable law; (c) any claims arising solely after the severance payments set forth in Section 3 execution of Offer Letter , (ii) the Employee's right this Release; (d) any claims or rights Executive may have to be reimbursed for reasonable business expenses incurred prior to termination of the Employee's employment according any vested benefits or vested rights under any employee benefit, welfare, retirement and/or pension plans (the "Plans"), subject to the terms of Section 2(e) of the, including, but not limited to, the Offer Letter; (iii) the Employee's ownership of, Company's 2015 Stock Incentive Plan, or any subsequently adopted incentive compensation plan, and the Employee's rights by virtue of his ownership of, any capital stock or other securities of the Company, (iv) applicable equity Award agreements; (e) any rights and/or claims Executive may have under the Consolidated Omnibus Budget Reconciliation Act of indemnification or exculpation 1985 ("COBRA"); (f) claims for unemployment compensation benefits under state law; (g) claims for reimbursement of which the Employee is the beneficiary under any separate contractual indemnification agreement with business expenses approved by the Company in connection with his service as a director and incurred by the Executive prior to the Date of Termination; or officer of the Company, the corporate charter, bylaws or other charter or organizational instruments or benefit or equity plans of (h) rights, if any, to defense and indemnification from the Company or any other Releasee or at law its insurers for actions taken by Executive in the course and rights scope of coverage to which Executive's employment with the Employee may be entitled under any director and officer liability insurance policy of the Company or any other Releasee or (v) for purposes of clarity, any Claim arising out of any matters or events occurring after the effective date of the Release. A-8 4. Company; 3. Ongoing Obligations of the Employee; Enforcement Rights. Executive. The Employee Executive hereby reaffirms his ongoing obligations as well as to the Company's enforcement rights provided for in Sections 6, 7 Company under the Restrictive Covenant Agreement and 8 of otherwise under the Offer Letter. Agreement (the "Ongoing Obligations"), which Obligations are incorporated herein by reference. View More
Release of Claims. The Employee voluntarily, fully, forever, irrevocably and unconditionally Except as provided below, the Executive voluntarily releases and forever discharges the Company, its affiliates, subsidiaries affiliated and parent companies and each of their predecessors, successors, assigns, related entities, its and their respective predecessors, successors and assigns, its and their respective employee benefit plans and fiduciaries of such plans, and the current and former members, partners, directors..., managers, officers, shareholders, employees, representatives, attorneys, agents, accountants and all persons acting by, through, under or in concert with any agents of each of the foregoing (any in their official and all of whom or which are hereinafter personal capacities (collectively referred to as the "Releasees"), "Releasees") generally from any all claims, demands, debts, damages and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes liabilities of action, suits, rights, demands, costs, losses, debts every name and expenses (including attorney's fees and costs actually incurred), of any nature whatsoever, nature, known or unknown that (collectively, "Claims") that, as of the Employee date when the Executive signs this Release, he has, ever had, now has, owns or holds, or claims to have, own, have or hold, or that he at any time had, owned, or held, or ever claimed to have had, owned, or held had against any Releasee arising out or all of the Employee's employment with or separation from the Company (collectively, "Claims"). Releasees. This general release of Claims includes, without implication of limitation, the release of all Claims: • relating to the Executive's employment by and termination from employment with the Company or any related entity; • of wrongful discharge or violation of public policy; • of breach of contract; • of discrimination or retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, and Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964 and Claims of discrimination or retaliation under state law); 1964; • under any other federal or state statute, to the fullest extent that Claims may be released; statute or constitution or local ordinance; • of defamation or other torts; • of violation of public policy; • for wages, salary, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits; benefits, whether under the Massachusetts Wage Act or otherwise; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney's fees. Notwithstanding anything to the contrary contained herein, in this Release, Section 4 of this Release does not apply to include and will not preclude: (a) Executive's rights or affect (i) the Employee's right to receive the severance payments set forth in Section 3 of Offer Letter , (ii) the Employee's right to be reimbursed claims under this Release, including, without limitation, any claims for reasonable business expenses incurred prior to termination breach of the Employee's employment according provisions of this Release or to enforce the provisions of this Release; (b) claims for worker's compensation benefits under applicable law; (c) any claims arising solely after the execution of this Release; (d) any claims or rights Executive may have to any vested benefits or vested rights under any employee benefit, welfare, retirement and/or pension plans (the "Plans"), subject to the terms of Section 2(e) of the Offer Letter; (iii) applicable Plans, including, but not limited to, Equity Documents, in each case except to the Employee's ownership of, and the Employee's rights extent modified by virtue of his ownership of, any capital stock or other securities of the Company, (iv) this Release; (e) any rights and/or claims Executive may have under COBRA; (f) claims for unemployment compensation benefits under state law; (g) claims for reimbursement of indemnification or exculpation of which the Employee is the beneficiary under any separate contractual indemnification agreement with business expenses approved by the Company in connection with his service as a director and incurred by the Executive prior to the Employment Termination Date; or officer of the Company, the corporate charter, bylaws or other charter or organizational instruments or benefit or equity plans of (h) rights, if any, to defense and indemnification from the Company or any other Releasee or at law its insurers for actions taken by Executive in the course and rights scope of coverage to which Executive's employment with the Employee may be entitled Company, including under any director and officer liability insurance policy of the Company or any other Releasee or (v) for purposes of clarity, any Claim arising out of any matters or events occurring after the effective date of the Release. A-8 4. Ongoing Obligations of the Employee; Enforcement Rights. The Employee reaffirms his ongoing obligations as well as the Company's enforcement rights provided for in Sections 6, 7 and 8 of the Offer Letter. Indemnification Agreement. View More
Release of Claims. The Employee voluntarily, fully, forever, irrevocably and unconditionally Except as provided below, the Executive voluntarily releases and forever discharges the Company, its affiliates, subsidiaries affiliated and parent companies and each of their predecessors, successors, assigns, related entities, its and their respective predecessors, successors and assigns, its and their respective employee benefit plans and fiduciaries of such plans, and the current and former members, partners, directors..., managers, officers, shareholders, employees, representatives, attorneys, agents, accountants and all persons acting by, through, under or in concert with any agents of each of the foregoing (any in their official and all of whom or which are hereinafter personal capacities (collectively referred to as the "Releasees"), "Releasees") generally from any all claims, demands, debts, damages and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes liabilities of action, suits, rights, demands, costs, losses, debts every name and expenses (including attorney's fees and costs actually incurred), of any nature whatsoever, nature, known or unknown that (collectively, "Claims") that, as of the Employee date when the Executive signs this Release, he has, ever had, now has, owns or holds, or claims to have, own, have or hold, or that he at any time had, owned, or held, or ever claimed to have had, owned, or held had against any Releasee arising out or all of the Employee's employment with or separation from the Company (collectively, "Claims"). Releasees. This general release of Claims includes, without implication of limitation, the release of all Claims: • relating to the Executive's employment by and termination from employment with the Company or any related entity; • of wrongful discharge or violation of public policy; • of breach of contract; • of discrimination or retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, and Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964 and Claims of discrimination or retaliation under state law); 1964; • under any other federal or state statute, to the fullest extent that Claims may be released; statute or constitution or local ordinance; • of defamation or other torts; • of violation of public policy; • for wages, salary, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits; benefits, whether under the Massachusetts Wage Act or otherwise; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney's fees. Notwithstanding anything to the contrary contained herein, in this Release, Section 2 of this Release does not apply to include and will not preclude: (a) Executive's rights or affect (i) claims under the Employee's right Offer Letter to receive Termination Benefits; (b) claims for worker's compensation benefits under applicable law; (c) any claims arising solely after the severance payments set forth in Section 3 execution of Offer Letter , (ii) the Employee's right this Release; (d) any claims or rights Executive may have to be reimbursed for reasonable business expenses incurred prior to termination of the Employee's employment according any vested benefits or vested rights under any employee benefit, welfare, retirement and/or pension plans (the "Plans"), subject to the terms of Section 2(e) of the, including, but not limited to, the Offer Letter; (iii) the Employee's ownership of, Company's 2008 Stock Incentive Plan, or any subsequently adopted incentive compensation plan, and the Employee's rights by virtue of his ownership of, any capital stock or other securities of the Company, (iv) applicable equity Award agreements; (e) any rights and/or claims Executive may have under the Consolidated Omnibus Budget Reconciliation Act of indemnification or exculpation 1985 ("COBRA"); (f) claims for unemployment compensation benefits under state law; (g) claims for reimbursement of which the Employee is the beneficiary under any separate contractual indemnification agreement with business expenses approved by the Company in connection with his service as a director and incurred by the Executive prior to the Date of Termination; or officer of the Company, the corporate charter, bylaws or other charter or organizational instruments or benefit or equity plans of (h) rights, if any, to defense and indemnification from the Company or any other Releasee or at law its insurers for actions taken by Executive in the course and rights scope of coverage to which Executive's employment with the Employee may be entitled under any director and officer liability insurance policy of the Company or any other Releasee or (v) for purposes of clarity, any Claim arising out of any matters or events occurring after the effective date of the Release. A-8 4. Company; 3. Ongoing Obligations of the Employee; Enforcement Rights. Executive. The Employee Executive hereby reaffirms his ongoing obligations as well as to the Company's enforcement rights provided for in Sections 6, 7 Company under the Restrictive Covenant Agreement and 8 of otherwise under the Offer Letter. Letter (the "Ongoing Obligations"), which Obligations are incorporated herein by reference. View More
Release of Claims. The Employee voluntarily, fully, forever, irrevocably and unconditionally Executive voluntarily releases and forever discharges the Company, its affiliates, subsidiaries affiliated and parent companies and each of related entities, their predecessors, successors, successors and assigns, their employee benefit plans and their fiduciaries of such plans, and the current and former members, partners, officers, directors, managers, officers, shareholders, employees, representatives, attorneys, agents..., accountants and agents of any and all persons acting by, through, under or in concert with any of the foregoing (any in their official and all of whom or which are hereinafter personal capacities (collectively referred to as the "Releasees"), "Releasees") generally from any all claims, demands, debts, damages and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes liabilities of action, suits, rights, demands, costs, losses, debts every name and expenses (including attorney's fees and costs actually incurred), of any nature whatsoever, nature, known or unknown that ("Claims") that, as of the Employee now date when the Executive signs this Agreement, the Executive has, owns or holds, or ever had, claims to have, own, have or hold, or that he at any time had, owned, or held, or ever claimed to have had, owned, or held had against any Releasee arising out or all of the Employee's employment with or separation from the Company (collectively, "Claims"). Releasees. This release of Claims includes, without implication of limitation, the release of all Claims: • relating to the Executive's employment by the Company and the termination of such employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964 and Claims of any form of discrimination or retaliation under state that is prohibited by Massachusetts law); • under any other federal federal, state or state statute, to the fullest extent that Claims may be released; city statute or regulation; • of defamation or other torts; • of violation of public policy; • for wages, salary, bonuses, vacation pay incentive compensation, paid time off or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney's fees. Notwithstanding anything fees; provided, however, that this release shall not affect the Executive's rights, if any, (i) under any Section 401(k) plan, (ii) to the contrary contained herein, this Release does not apply indemnification, advancement and/or directors and officers insurance coverage, (iii) under any equity awards issued pursuant to or affect (i) the Employee's right to receive the severance payments set forth in Section 3 of Offer Letter , (ii) the Employee's right to be reimbursed for reasonable business expenses incurred prior to termination 2(b) of the Employee's employment according to the terms of Section 2(e) of the Offer Letter; (iii) the Employee's ownership of, and the Employee's rights Employment Agreement or otherwise granted by virtue of his ownership of, any capital stock or other securities of the Company, (iv) any rights of indemnification or exculpation of which the Employee is the beneficiary under any separate contractual indemnification agreement with the Company in connection with his service as a director or officer writing pursuant to the approval of the Company, the corporate charter, bylaws Company's Board of Directors, or (iv) under this Agreement. The Executive agrees that he shall not seek or accept damages of any nature, other charter equitable or organizational instruments legal remedies for his own benefit, attorney's fees, or benefit or equity plans costs from any of the Releasees with respect to any Claim released by this Agreement. He further represents that he has not assigned to any third party and he has not filed with any agency or court any Claim released by this Agreement. 5 ACTIVE/100310529.4 7.The Company's Release of Claims. The Company or any other Releasee or at law voluntarily releases and rights of coverage to which forever discharges the Employee may be entitled under any director and officer liability insurance policy Executive generally from all Claims that, as of the date when it signed this Agreement, ever had, claims to have or ever claimed to have had against the Executive, including, without limitation, all Claims relating to the Executive's employment by and termination of employment with the Company; provided that (i) the Company does not waive any of its rights under the Employment Agreement or the Restrictive Covenants Agreement; and (ii) the Company does not release the Executive from any other Releasee or (v) for purposes civil Claim that is based on conduct that also satisfies the elements of clarity, any Claim arising out of any matters or events occurring after the effective date of the Release. A-8 4. Ongoing Obligations of the Employee; Enforcement Rights. The Employee reaffirms his ongoing obligations as well as the Company's enforcement rights provided for in Sections 6, 7 and 8 of the Offer Letter. a criminal offense. View More
Release of Claims. The Employee voluntarily, fully, forever, irrevocably and unconditionally Executive voluntarily releases and forever discharges the Company, its affiliates, subsidiaries affiliated and parent companies and each of related entities, their predecessors, successors, successors and assigns, their employee benefit plans and their fiduciaries of such plans, and the current and former members, partners, officers, directors, managers, officers, shareholders, employees, representatives, attorneys, agents..., accountants and agents of any and all persons acting by, through, under or in concert with any of the foregoing (any in their official and all of whom or which are hereinafter personal capacities (collectively referred to as the "Releasees"), "Releasees") generally from any all claims, demands, debts, damages and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes liabilities of action, suits, rights, demands, costs, losses, debts every name and expenses (including attorney's fees and costs actually incurred), of any nature whatsoever, nature, known or unknown that ("Claims") that, as of the Employee now date when the Executive signs this Agreement, the Executive has, owns or holds, or ever had, claims to have, own, have or hold, or that he at any time had, owned, or held, or ever claimed to have had, owned, or held had against any Releasee arising out or all of the Employee's employment with or separation from the Company (collectively, "Claims"). Releasees. This release of Claims includes, without implication of limitation, the release of all Claims: • relating to the Executive's employment by the Company and the termination of such employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964 and Claims of any form of discrimination or retaliation under state that is prohibited by Massachusetts law); • under any other federal federal, state or state statute, to the fullest extent that Claims may be released; city statute or regulation; • of defamation or other torts; • of violation of public policy; • for wages, salary, bonuses, vacation pay incentive compensation, paid time off or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney's fees. Notwithstanding anything fees; provided, however, that this release shall not affect the Executive's rights, if any, (i) under any Section 401(k) plan, (ii) to the contrary contained herein, this Release does not apply indemnification, advancement and/or directors and officers insurance coverage, (iii) under any equity awards issued pursuant to or affect (i) the Employee's right to receive the severance payments set forth in Section 3 of Offer Letter , (ii) the Employee's right to be reimbursed for reasonable business expenses incurred prior to termination 2(c) of the Employee's employment according to the terms of Section 2(e) of the Offer Letter; (iii) the Employee's ownership of, and the Employee's rights Employment Agreement or otherwise granted by virtue of his ownership of, any capital stock or other securities of the Company, (iv) any rights of indemnification or exculpation of which the Employee is the beneficiary under any separate contractual indemnification agreement with the Company in connection with his service as a director or officer writing pursuant to the approval of the Company, the corporate charter, bylaws Company's Board of Directors, or other charter (iv) under Sections 2, 4(c) or organizational instruments or benefit or equity plans 5(a) of the Company Employment Agreement. The Executive agrees that she shall not seek or accept damages of any nature, other Releasee equitable or at law and rights of coverage to which the Employee may be entitled under legal remedies for her own benefit, attorney's fees, or costs from any director and officer liability insurance policy of the Company or any other Releasee or (v) for purposes of clarity, Releasees with respect to any Claim arising out of released by this Agreement. She further represents that she has not assigned to any matters third party and she has not filed with any agency or events occurring after the effective date of the Release. A-8 4. Ongoing Obligations of the Employee; Enforcement Rights. The Employee reaffirms his ongoing obligations as well as the Company's enforcement rights provided for in Sections 6, 7 and 8 of the Offer Letter. court any Claim released by this Agreement. View More
Release of Claims. The Employee voluntarily, fully, forever, irrevocably and unconditionally Executive voluntarily releases and forever discharges the Company, its affiliates, subsidiaries affiliated and parent companies and each of related entities, their predecessors, successors, successors and assigns, their employee benefit plans and their fiduciaries of such plans, and the current and former members, partners, officers, directors, managers, officers, shareholders, employees, representatives, attorneys, agents..., accountants and agents of any and all persons acting by, through, under or in concert with any of the foregoing (any in their official and all of whom or which are hereinafter personal capacities (collectively referred to as the "Releasees"), "Releasees") generally from any all claims, demands, debts, damages and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes liabilities of action, suits, rights, demands, costs, losses, debts every name and expenses (including attorney's fees and costs actually incurred), of any nature whatsoever, nature, known or unknown that ("Claims") that, as of the Employee now date when the Executive signs this Agreement, the Executive has, owns or holds, or ever had, claims to have, own, have or hold, or that he at any time had, owned, or held, or ever claimed to have had, owned, or held had against any Releasee arising out or all of the Employee's employment with or separation from the Company (collectively, "Claims"). Releasees. This release of Claims includes, without implication of limitation, the release of all Claims: • relating to the Executive's employment by the Company and the termination of such employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964 and Claims of any form of discrimination or retaliation under state law); that is prohibited by the Florida Civil Rights Act); • under any other federal federal, state or state statute, to the fullest extent that Claims may be released; city statute or regulation; • of defamation or other torts; • of violation of public policy; • for wages, salary, bonuses, vacation pay incentive compensation, paid time off or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney's fees. Notwithstanding anything fees; provided, however, that this release shall not affect the Executive's rights, if any, (i) under any Section 401(k) plan, (ii) to the contrary contained herein, this Release does not apply indemnification, advancement and/or directors and officers insurance coverage, (iii) under any equity awards issued pursuant to or affect (i) the Employee's right to receive the severance payments set forth in Section 3 of Offer Letter , (ii) the Employee's right to be reimbursed for reasonable business expenses incurred prior to termination 2(b) of the Employee's employment according to the terms of Section 2(e) of the Offer Letter; (iii) the Employee's ownership of, and the Employee's rights Employment Agreement or otherwise granted by virtue of his ownership of, any capital stock or other securities of the Company, (iv) any rights of indemnification or exculpation of which the Employee is the beneficiary under any separate contractual indemnification agreement with the Company in connection with his service as a director or officer writing pursuant to the approval of the Company, the corporate charter, bylaws Company's Board of Directors, or other charter (iv) under Sections 2, 4(c) or organizational instruments or benefit or equity plans 5(a) of the Company Employment Agreement. 1 The Executive agrees that he shall not seek or accept damages of any nature, other Releasee equitable or at law and rights of coverage to which the Employee may be entitled under legal remedies for his own benefit, attorney's fees, or costs from any director and officer liability insurance policy of the Company or any other Releasee or (v) for purposes of clarity, Releasees with respect to any Claim arising out of released by this Agreement. He further represents that he has not assigned to any matters third party and he has not filed with any agency or events occurring after the effective date of the Release. A-8 4. Ongoing Obligations of the Employee; Enforcement Rights. The Employee reaffirms his ongoing obligations as well as the Company's enforcement rights provided for in Sections 6, 7 and 8 of the Offer Letter. court any Claim released by this Agreement. View More
Release of Claims. The Employee voluntarily, fully, forever, irrevocably and unconditionally Executive voluntarily releases and forever discharges the Company, its affiliates, subsidiaries affiliated and parent companies and each of related entities, their predecessors, successors, successors and assigns, their employee benefit plans and their fiduciaries of such plans, and the current and former members, partners, officers, directors, managers, officers, shareholders, employees, representatives, attorneys, agents..., accountants and agents of any and all persons acting by, through, under or in concert with any of the foregoing (any in their official and all of whom or which are hereinafter personal capacities (collectively referred to as the "Releasees"), "Releasees") generally from any all claims, demands, debts, damages and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes liabilities of action, suits, rights, demands, costs, losses, debts every name and expenses (including attorney's fees and costs actually incurred), of any nature whatsoever, nature, known or unknown that ("Claims") that, as of the Employee now date when the Executive signs this Agreement, the Executive has, owns or holds, or ever had, claims to have, own, have or hold, or that he at any time had, owned, or held, or ever claimed to have had, owned, or held had against any Releasee arising out or all of the Employee's employment with or separation from the Company (collectively, "Claims"). Releasees. This release of Claims includes, without implication of limitation, the release of all Claims: • relating to the Executive's employment by the Company and the termination of such employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964 and Claims of any form of discrimination or retaliation under state that is prohibited by Massachusetts law); • under any other federal federal, state or state statute, to the fullest extent that Claims may be released; city statute or regulation; • of defamation or other torts; • of violation of public policy; • for wages, salary, bonuses, vacation pay incentive compensation, paid time off or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney's fees. Notwithstanding anything fees; provided, however, that this release shall not affect the Executive's rights, if any, (i) under any Section 401(k) plan, (ii) to the contrary contained herein, this Release does not apply indemnification, advancement and/or directors and officers insurance coverage, (iii) under any equity awards issued pursuant to or affect (i) the Employee's right to receive the severance payments set forth in Section 3 of Offer Letter , (ii) the Employee's right to be reimbursed for reasonable business expenses incurred prior to termination 2(c) of the Employee's employment according to the terms of Section 2(e) of the Offer Letter; (iii) the Employee's ownership of, and the Employee's rights Employment Agreement or otherwise granted by virtue of his ownership of, any capital stock or other securities of the Company, (iv) any rights of indemnification or exculpation of which the Employee is the beneficiary under any separate contractual indemnification agreement with the Company in connection with his service as a director or officer writing pursuant to the approval of the Company, the corporate charter, bylaws Company's Board of Directors, or other charter (iv) under Sections 2, 4(c) or organizational instruments or benefit or equity plans 5(a) of the Company Employment Agreement. The Executive agrees that he shall not seek or accept damages of any nature, other Releasee equitable or at law and rights of coverage to which the Employee may be entitled under legal remedies for his own benefit, attorney's fees, or costs from any director and officer liability insurance policy of the Company or any other Releasee or (v) for purposes of clarity, Releasees with respect to any Claim arising out of released by this Agreement. He further represents that he has not assigned to any matters third party and he has not filed with any agency or events occurring after the effective date of the Release. A-8 4. Ongoing Obligations of the Employee; Enforcement Rights. The Employee reaffirms his ongoing obligations as well as the Company's enforcement rights provided for in Sections 6, 7 and 8 of the Offer Letter. court any Claim released by this Agreement. View More
Release of Claims. The Employee voluntarily, fully, forever, irrevocably and unconditionally Executive voluntarily releases and forever discharges the Company, its affiliates, subsidiaries affiliated and parent companies and each of related entities, their predecessors, successors, successors and assigns, their employee benefit plans and their fiduciaries of such plans, and the current and former members, partners, officers, directors, managers, officers, shareholders, employees, representatives, attorneys, agents..., accountants and agents of any and all persons acting by, through, under or in concert with any of the foregoing (any in their official and all of whom or which are hereinafter personal capacities (collectively referred to as the "Releasees"), "Releasees") generally from any all claims, demands, debts, damages and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes liabilities of action, suits, rights, demands, costs, losses, debts every name and expenses (including attorney's fees and costs actually incurred), of any nature whatsoever, nature, known or unknown that ("Claims") that, as of the Employee now date when the Executive signs this Agreement, the Executive has, owns or holds, or ever had, claims to have, own, have or hold, or that he at any time had, owned, or held, or ever claimed to have had, owned, or held had against any Releasee arising out or all of the Employee's employment with or separation from the Company (collectively, "Claims"). Releasees. This release of Claims includes, without implication of limitation, the release of all Claims: • relating to the Executive's employment by the Company and the termination of such employment; • of wrongful discharge; • of breach of contract; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of age discrimination or retaliation under the Age Discrimination in Employment Act, Claims of disability discrimination or retaliation under the Americans with Disabilities Act, Claims of discrimination or retaliation under Title VII of the Civil Rights Act of 1964 and Claims of any form of discrimination or retaliation under state law); that is prohibited by the Florida Civil Rights Act); • under any other federal federal, state or state statute, to the fullest extent that Claims may be released; city statute or regulation; • of defamation or other torts; • of violation of public policy; • for wages, salary, bonuses, vacation pay incentive compensation, paid time off or any other compensation or benefits; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney's fees. Notwithstanding anything fees; provided, however, that this release shall not affect the Executive's rights, if any, (i) under any Section 401(k) plan, (ii) to the contrary contained herein, this Release does not apply indemnification, advancement and/or directors and officers insurance coverage, (iii) under any equity awards issued pursuant to or affect (i) the Employee's right to receive the severance payments set forth in Section 3 of Offer Letter , (ii) the Employee's right to be reimbursed for reasonable business expenses incurred prior to termination 2(b) of the Employee's employment according to the terms of Section 2(e) of the Offer Letter; (iii) the Employee's ownership of, and the Employee's rights Employment Agreement or otherwise granted by virtue of his ownership of, any capital stock or other securities of the Company, (iv) any rights of indemnification or exculpation of which the Employee is the beneficiary under any separate contractual indemnification agreement with the Company in connection with his service as a director or officer writing pursuant to the approval of the Company, the corporate charter, bylaws Company's Board of Directors, or other charter (iv) under Sections 2, 4(c) or organizational instruments or benefit or equity plans 5(a) of the Company Employment Agreement. The Executive agrees that he shall not seek or accept damages of any nature, other Releasee equitable or at law and rights of coverage to which the Employee may be entitled under legal remedies for his own benefit, attorney's fees, or costs from any director and officer liability insurance policy of the Company or any other Releasee or (v) for purposes of clarity, Releasees with respect to any Claim arising out of released by this Agreement. He further represents that he has not assigned to any matters third party and he has not filed with any agency or events occurring after the effective date of the Release. A-8 4. Ongoing Obligations of the Employee; Enforcement Rights. The Employee reaffirms his ongoing obligations as well as the Company's enforcement rights provided for in Sections 6, 7 and 8 of the Offer Letter. court any Claim released by this Agreement. View More
