Waiver and Release Clause Example with 5 Variations from Business Contracts
This page contains Waiver and Release 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.
Waiver and Release. a. In exchange for receiving the monies and benefits described in Section 4 above, Executive does for himself and his heirs, executors, administrators, successors, and assigns, hereby release, acquit, and forever discharge and hold harmless the Companies and each of their divisions, subsidiaries, and affiliated companies, and their respective successors, assigns, officers, directors, shareholders, employees, benefit and retirement plans (as well as trustees and administrators thereof) and agents..., past and present (the "Released Parties"), of and from any and all actions, causes of action, claims, demands, attorneys' fees, compensation, expenses, promises, covenants, and damages of whatever kind or nature, in law or in equity, which Executive has, had or could have asserted, known or unknown (the "Claims") at common law or under any statute, rule, regulation, order or law, whether federal, state or local, or on any grounds whatsoever, including without limitation, any and all claims for any additional severance pay, vacation pay, bonus or other compensation, including but not limited to under the Severance Plan or any other applicable severance plan or agreement; any and all claims of discrimination or harassment based on race, color, national origin, ancestry, religion, marital status, sex, sexual orientation, disability, handicap, age or other unlawful discrimination; any and all claims arising under Title VII of the Federal Civil Rights Act; the Federal Civil Rights Act of 1991; the Americans with Disabilities Act; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the New Jersey Law Against Discrimination; the Florida Civil Rights Act; or under any other state, federal, local or common law, with respect to any event, matter, claim, damage or injury arising out of his employment relationship with the Companies, and/or the separation of such employment relationship, and/or with respect to any other claim, matter, or event, from the beginning of the world to the date of Executive's execution of this Agreement. b. In the event any claim or suit is filed on Executive's behalf against any of the Released Parties by any person or entity, including but not limited to by the Equal Employment Opportunity Commission ("EEOC") or any other government agency, Executive waives any and all rights to recover monetary damages or injunctive relief in his favor.View More
Variations of a "Waiver and Release" Clause from Business Contracts
Waiver and Release. a. (a) In exchange for receiving the monies and benefits described in Section 4 above, Executive Tague does for himself and his heirs, executors, administrators, successors, successors and assigns, hereby release, acquit, and forever discharge and hold harmless the Companies and each of their divisions, subsidiaries, subsidiaries and affiliated companies, and their respective successors, assigns, officers, directors, shareholders, shareholders holding more than 5% of Holdings' outstanding common... stock as of the Date of Termination (and such shareholders' affiliates), employees, benefit and retirement plans (as well as trustees and administrators thereof) and agents, past and present (the "Released Parties"), of and from any and all actions, causes of action, claims, demands, attorneys' fees, compensation, expenses, promises, covenants, and damages of whatever kind or nature, in law or in equity, which Executive Tague has, had or could have asserted, known or unknown (the "Claims") "Claims"), at common law or under any statute, rule, regulation, order or law, whether federal, state or local, or on any grounds whatsoever, including including, without limitation, any and all claims for any additional severance pay, vacation pay, bonus or other compensation, including including, but not limited to to, under the Employment Agreement, Severance Plan or any other applicable severance plan or agreement; any and all claims of discrimination or harassment based on race, color, national origin, ancestry, religion, marital status, sex, sexual orientation, disability, handicap, age or other unlawful discrimination; any and all claims arising under Title VII of the Federal Civil Rights Act; the Federal Civil Rights Act of 1991; the Americans with Disabilities Act; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the New Jersey Law Against Discrimination; the Florida Civil Rights Act; or under any other state, federal, local or common law, with respect to any event, matter, claim, damage or injury arising out of his employment relationship with the Companies, Companies and/or the separation of such employment relationship, and/or with respect to any other claim, matter, matter or event, from the beginning of the world to the date of Executive's Tague's execution of this Agreement. b. 3 (b) Tague understands that nothing contained in this Agreement limits his ability to communicate with, or file a complaint or charge with, the Equal Employment Opportunity Commission ("EEOC"), the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission ("SEC"), the Department of Justice ("DOJ") or any other federal, state or local governmental agency or commission (collectively, "Governmental Agencies"), or otherwise participate in any investigation or proceeding that may be conducted by Governmental Agencies, including providing documents or other information without notice to the Company; provided, however, that Tague may not disclose Company information that is protected by the attorney client privilege, except as expressly authorized by law. In the event any claim or suit is filed on Executive's Tague's behalf against any of the Released Parties by any person or entity, including including, but not limited to to, by the Equal Employment Opportunity Commission ("EEOC") or any other government agency, Executive Governmental Agency, Tague waives any and all rights to recover monetary damages or injunctive relief in his favor. favor; provided, however, that this Agreement does not limit Tague's right to receive an award from the SEC or DOJ for information provided to the SEC or DOJ. View More
Waiver and Release. a. In exchange for receiving the monies and benefits described in Section 4 above, Executive Sider does for himself and his heirs, executors, administrators, successors, and assigns, hereby release, acquit, and forever discharge and hold harmless the Companies and each of their divisions, subsidiaries, and affiliated companies, and their respective successors, assigns, officers, directors, shareholders, employees, benefit and retirement plans (as well as trustees and administrators thereof) and ...agents, past and present (the "Released Parties"), of and from any and all actions, causes of action, claims, demands, attorneys' fees, compensation, expenses, promises, covenants, and damages of whatever kind or nature, in law or in equity, which Executive Sider has, had or could have asserted, known or unknown (the "Claims") unknown, at common law or under any statute, rule, regulation, order or law, whether federal, state or local, or on any grounds whatsoever, including without limitation, any and all claims for any additional severance pay, vacation pay, bonus or other compensation, including but not limited to under the Severance Plan Plan, Sider's Change in Control Severance Agreement, or any other applicable severance plan or agreement; any and all claims of discrimination or harassment based on race, color, national origin, ancestry, religion, marital status, sex, sexual orientation, disability, handicap, age or other unlawful discrimination; any and all claims arising under Title VII of the Federal Civil Rights Act; the Federal Civil Rights Act of 1991; the Americans with Disabilities Act; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the New Jersey Law Against Discrimination; the Florida Civil Rights Act; or under any other state, federal, local or common law, with respect to any event, matter, claim, damage or injury arising out of his employment relationship with the Companies, and/or the separation of such employment relationship, and/or with respect to any other claim, matter, or event, from the beginning of the world to the date of Executive's Sider's execution of this Agreement. b. In the event any claim or suit is filed on Executive's Sider's behalf against any of the Released Parties by any person or entity, including but not limited to by the Equal Employment Opportunity Commission ("EEOC") or any other government agency, Executive Sider hereby waives any and all rights to recover monetary damages or injunctive relief in his favor. 4 6. Exceptions to Release. a. Sider does not waive or release (i) any claims under applicable workers' compensation or unemployment laws; (ii) any rights which cannot be waived as a matter of law; (iii) the right to enforce the terms of this Agreement; (iv) the right to any vested retirement plan benefits (including but not limited to vested benefits under the Hertz Retirement Plan, the BEP, and the 401(k) Plan) or the right to any vested benefits under the Omnibus Plan; and (v) benefit continuation rights under COBRA. b. Nothing in this Agreement shall be construed to prohibit Sider from filing a charge with the EEOC or participating in any investigation or proceeding conducted by the EEOC, nor shall any provision of this Agreement adversely affect Sider's right to engage in such conduct. Further, nothing in this Agreement shall be construed to prohibit Sider from filing suit under the Older Workers Benefit Protection Act to challenge the enforceability of the release herein as to claims under the Age Discrimination in Employment Act. View More
Waiver and Release. a. (a) In exchange for receiving the monies compensation and benefits described in Section 4 above, Executive of the Employment Agreement, or otherwise pursuant to the Omnibus Plan or the SVA Plan, Employee does for himself and his heirs, executors, administrators, successors, successors and assigns, hereby release, acquit, and forever discharge and hold harmless the Companies Company and each of their its divisions, subsidiaries, subsidiaries and affiliated companies, and their respective succe...ssors, assigns, officers, directors, shareholders, stockholders, employees, benefit and retirement plans (as well as trustees and administrators thereof) and agents, past and present (the "Released Parties"), of and from any and all actions, causes of action, claims, demands, attorneys' fees, compensation, expenses, promises, covenants, and damages of whatever kind or nature, in law or in equity, which Executive Employee has, had or could have asserted, known or unknown (the "Claims") "Claims"), at common law or under any statute, rule, regulation, order or law, whether federal, state or local, or on any grounds whatsoever, including including, without limitation, any and all claims for any additional severance pay, vacation pay, bonus or other compensation, including including, but not limited to to, under the Severance Plan or Employment Agreement any other applicable severance plan or agreement; any and all claims of discrimination or harassment based on race, color, national origin, ancestry, religion, marital status, sex, sexual orientation, disability, handicap, age or other unlawful discrimination; any and all claims arising under Title VII of the Federal Civil Rights Act; the Federal Civil Rights Act of 1991; the Americans with Disabilities Act; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the New Jersey Law Against Discrimination; the Florida Civil Rights Act; or under any other state, federal, local or common law, with respect to any event, matter, claim, damage or injury arising out of his employment relationship with the Companies, Company and/or the separation of such employment relationship, and/or with respect to any other claim, matter, or event, from the beginning of the world to the date of Executive's Employee's execution of this Agreement. b. (b) Employee understands that nothing contained in this Agreement limits his ability to communicate with, or file a complaint or charge with, the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission ("SEC"), the Department of Justice ("DOJ") or any other federal, state or local governmental agency or commission (collectively, "Governmental Agencies"), or otherwise participate in any investigation or proceeding that may be conducted by Governmental Agencies, including providing documents or other information without notice to the Company; provided, however, that Employee shall not disclose information that is protected by the attorney client privilege, except as expressly required by law. In the event any claim or suit is filed on Executive's Employee's behalf against any of the Released Parties by any person or entity, including including, but not limited to to, by the Equal Employment Opportunity Commission ("EEOC") or any other government agency, Executive Governmental Agency, Employee waives any and all rights to recover monetary damages or injunctive relief in his favor. favor; provided, however, that this Agreement does not limit Employee's right to receive an award from the SEC or DOJ for information provided to the SEC or DOJ. View More
Waiver and Release. a. (a) In exchange for receiving the monies compensation and benefits described in Section 4 above, Executive does for himself and his heirs, executors, administrators, successors, successors and assigns, hereby release, acquit, and forever discharge and hold harmless the Companies and each of their divisions, subsidiaries, subsidiaries and affiliated companies, and their respective successors, assigns, officers, directors, shareholders, shareholders holding more than 5% of Holdings' outstanding... common stock as of the Termination Date (and such shareholders' affiliates), employees, benefit and retirement plans (as well as trustees and administrators thereof) and agents, past and present (the "Released Parties"), of and from any and all actions, causes of action, claims, demands, attorneys' fees, compensation, expenses, promises, covenants, and damages of whatever kind or nature, in law or in equity, which Executive has, had or could have asserted, known or unknown (the "Claims") "Claims"), at common law or under any statute, rule, regulation, order or law, whether federal, state or local, or on any grounds whatsoever, including including, without limitation, any and all claims for any additional severance pay, vacation pay, bonus or other compensation, including including, but not limited to to, under the Term Sheet, Severance Plan or any other applicable severance plan or agreement; any and all claims of discrimination or harassment based on race, color, national origin, ancestry, religion, marital status, sex, sexual orientation, disability, handicap, age or other 3 unlawful discrimination; any and all claims arising under Title VII of the Federal Civil Rights Act; the Federal Civil Rights Act of 1991; the Americans with Disabilities Act; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the New Jersey Law Against Discrimination; the Florida Civil Rights Act; or under any other state, federal, local or common law, with respect to any event, matter, claim, damage or injury arising out of his employment relationship with the Companies, Companies and/or the separation of such employment relationship, and/or with respect to any other claim, matter, matter or event, from the beginning of the world to the date of Executive's execution of this Agreement. b. A further condition to Executive's receipt of the compensation and benefits described in Section 4 above is his execution and non-revocation of the Second Release, which must be executed within 21 days following the Termination Date. (b) Executive understands that nothing contained in this Agreement limits his ability to communicate with, or file a complaint or charge with, the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission ("SEC"), the Department of Justice ("DOJ") or any other federal, state or local governmental agency or commission (collectively, "Governmental Agencies"), or otherwise participate in any investigation or proceeding that may be conducted by Governmental Agencies, including providing documents or other information without notice to the Company; provided, however, that Executive may not disclose Company information that is protected by the attorney client privilege, except as expressly authorized by law. In the event any claim or suit is filed on Executive's behalf against any of the Released Parties by any person or entity, including including, but not limited to to, by the Equal Employment Opportunity Commission ("EEOC") or any other government agency, Governmental Agency, Executive waives any and all rights to recover monetary damages or injunctive relief in his favor. favor; provided, however, that this Agreement does not limit Executive's right to receive an award from the SEC or DOJ for information provided to the SEC or DOJ. View More
Waiver and Release. a. In exchange for receiving the monies and benefits described in Section 4 above, Executive Zimmerman does for himself and his heirs, executors, administrators, successors, and assigns, hereby release, acquit, and forever discharge and hold harmless the Companies and each of their divisions, subsidiaries, and affiliated companies, and their respective successors, assigns, officers, directors, shareholders, employees, benefit and retirement plans (as well as trustees and administrators thereof) ...and agents, past and present (the "Released Parties"), of and from any and all actions, causes of action, claims, demands, attorneys' fees, compensation, expenses, promises, covenants, and damages of whatever kind or nature, in law or in equity, which Executive Zimmerman has, had or could have asserted, known or unknown (the "Claims") at common law or under any statute, rule, regulation, order or law, whether federal, state or local, or on any grounds whatsoever, including without limitation, any and all claims for any additional severance pay, vacation pay, bonus or other compensation, including but not limited to under the Severance Plan or any other applicable severance plan or agreement; any and all claims of discrimination or harassment based on race, color, national origin, ancestry, religion, marital status, sex, sexual orientation, disability, handicap, age or other unlawful discrimination; any and all claims arising under Title VII of the Federal Civil Rights Act; the Federal Civil Rights Act of 1991; the Americans with Disabilities Act; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the New Jersey Law Against Discrimination; the Florida Civil Rights Act; or under any other state, federal, local or common law, with respect to any event, matter, claim, damage or injury arising out of his employment relationship with the Companies, and/or the separation of such employment relationship, and/or with respect to any other claim, matter, or event, from the beginning of the world to the date of Executive's Zimmerman's execution of this Agreement. b. In the event any claim or suit is filed on Executive's Zimmerman's behalf against any of the Released Parties by any person or entity, including but not limited to by the Equal Employment Opportunity Commission ("EEOC") or any other government agency, Executive Zimmerman waives any and all rights to recover monetary damages or injunctive relief in his favor. View More
