Executive agrees that, in consideration for the Monthly Separation Payments, he, for himself, his heirs, executors, administrators, and assigns, hereby releases, waives, and forever discharges , its predecessors, successors and assigns, and its present and former officers, directors, managers, members, employees, agents, representatives, trustees, employee benefit plans and programs (and the trustees, administrators, fiduciaries, and insurers of such plans and programs) ( Releasees), from any and all claims or liabilities of whatever kind or nature which he ever had or which he now has, known or unknown, against any and all Releasees that are attributable to or arose during all periods of time occurring on or prior to the Effective Date, including, but not limited to, any claims arising under or pursuant to any employment agreements; claims for bonuses, severance pay, employee or fringe benefits not specifically provided for in [Section 2] above; claims based on any state or federal wage, employment, or common laws, statutes, or amendments thereto, including, but not limited to: # any claim under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq., or COBRA; # any race, color, religion, sex, or national origin discrimination claims under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000(e) et seq.; # any claim of disability discrimination under the Americans with Disabilities Act, 42 U.S.C. § 12102 et seq.; # any claim of retaliation or wrongful discharge, # any age discrimination claims under the Age Discrimination in Employment Act, as amended (ADEA), 29 U.S.C. § 621 et seq.; # any claim under the Fair Labor Standard Act of 1939 as amended, 29 U.S.C.§ 201 et seq.; or # any claim under the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; and any other claims related to or arising out of his employment relationship with or the termination thereof whether based on contract, quasi-contract, quantum meruit, implied contract, tort, wrongful or constructive discharge or any other employment-related claim (collectively, the Released Claims). Notwithstanding the foregoing, the Released Claims do not include any claims that Executive may have for incentive compensation earned under or pursuant to the Senior Officers Annual Incentive Plan or the Senior Officers Long-Term Incentive Plan for his employment with through the Effective Date.
Executive agrees that, in consideration for the agreements and covenants herein, and for the Monthly Separation Payments, he, for himself, his heirs, executors, administrators, and assigns, hereby releases, waives, and forever discharges , its predecessors, successors and assigns, and its present and former officers, directors, managers, members, employees, agents, representatives, trustees, employee benefit plans and programs (and the trustees, administrators, fiduciaries, and insurers of such plans and programs) (_Company:(collectively, the “ ReleaseesReleasees”), from any and all claims or liabilities of whatever kind or nature which he ever had or which he now has, known or unknown, against any and all Releasees that are attributable to or arose during all periods of time occurring on or prior to the Effective Date, including, but not limited to, any claims arising under or pursuant to any employment agreements;agreements (including the Executive Agreement); claims for bonuses, severance pay, employee or fringe benefits not specifically provided for in [Section 2]Paragraph 2 above; claims based on any state or federal wage, employment, or common laws, statutes, or amendments thereto, including, but not limited to: # any claim under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq., or COBRA; # any race, color, religion, sex, or national origin discrimination claims under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000(e) et seq.; # any claim of disability discrimination under the Americans with Disabilities Act, 42 U.S.C. § 12102 et seq.; # any claim of retaliation or wrongful discharge, # any age discrimination claims under the Age Discrimination in Employment Act, as amended (ADEA(“ADEA”), 29 U.S.C. § 621 et seq.; # any claim under the Fair Labor Standard Act of 1939 as amended, 29 U.S.C.§ 201 et seq.; or # any claim under the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; and any other claims related to or arising out of his employment relationship with or the termination thereof whether based on contract, quasi-contract, quantum meruit, implied contract, tort, wrongful or constructive discharge or any other employment-related claim (collectively, the Released Claims“Released Claims”). Notwithstanding the foregoing, the Released Claims do not include any claims that Executive may have for incentive compensation earned under or pursuant to the Senior Officers Annual Incentive Plan or the Senior Officers Long-Term Incentive Plan for his employment with through the Effective Date.
In consideration for the Monthly Separation Payments, he, for himself, his heirs, executors,Benefits, Executive hereby releases and discharges the Company, and each of its past and present parents, subsidiaries, predecessors, successors, assigns, related companies, affiliates, entities or divisions, and their past and present employee benefits plans, trustees, fiduciaries, and administrators, and assigns, hereby releases, waives,any and forever discharges , its predecessors, successorsall of their respective past and assigns, and its present and formerstockholders, officers, directors, managers, members, employees, agents, representatives, trustees, employee benefit plansagents and programs (and the trustees, administrators, fiduciaries, and insurers of such plans and programs) ( Releaseesattorneys (collectively, “Releasees”), from any and all claimsclaims, demands, causes of action, or liabilities of whatever kind or nature which he ever had or which he now has,liabilities, known or unknown, of any kind which Executive, or Executive’s heirs, executors, administrators, agents, attorneys, representatives or assigns (all collectively included in the term “Executive” for purposes of this [Section 5]) have, had, or may have against the Releasees, based on any events or circumstances arising or occurring prior to and including the date of Executive’s execution of this Agreement to the fullest extent permitted by law, regardless of whether such claims are now known or are later discovered, including any and all Releasees that are attributableclaims and liabilities relating to Executive’s employment by, or services rendered to or arose during all periods of time occurring onfor, the Company, or priorrelating to the Effective Date, including,cessation of Executive’s employment or claims related to any rights of continued employment, reinstatement or reemployment, including but not limited to, anyto claims arising under or pursuant to any employment agreements; claims for bonuses, severance pay, employee or fringe benefits not specifically provided for in [Section 2] above; claims based on any state or federal wage, employment, or common laws, statutes, or amendments thereto, including, but not limited to: # any claim under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq., or COBRA; # any race, color, religion, sex, or national origin discrimination claims under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000(e) et seq.; # any claim of disability discrimination under the Americans with Disabilities Act, 42 U.S.C. § 12102 et seq.; # any claim of retaliation or wrongful discharge, # any age discrimination claimsliabilities under the Age Discrimination in Employment Act, as amended (ADEA), 29the Americans with Disabilities Act, the Family and Medical Leave Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 621 et seq.; # any claim underSection 1981, the Workers Adjustment and Retraining Notification Act, the Fair Labor StandardStandards Act, the Rehabilitation Act, the Occupational Safety and Health Act, Employee Retirement Income Security Act of 1939 as amended, 29 U.S.C.§ 201 et seq.; or # any claim under1974, the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.;Older Worker Benefit Protection Act, the Equal Pay Act, the Worker Adjustment and Retraining Notification Act, the Uniformed Services Employment and Reemployment Rights Act, the Genetic Information Nondiscrimination Act, the Fair Credit Reporting Act, the Illinois Right to Privacy in the Workplace Act, the Illinois Equal Pay Act, the Illinois Worker Adjustment and Retraining Notification Act, the Illinois Human Rights Act, the Illinois Whistleblower Act, the Illinois Biometric Privacy Act, and any other claims relatedstatutory, tort, contract, or common law cause of action to the fullest extent permitted by law, other than any obligations, claims, or arising outliabilities set forth in the second and third paragraphs of his employment relationship with this [Section 5]. This release is to be broadly construed in favor of the Releasees. In the event any person, entity, or federal, state or local government agency, including but not limited to the termination thereof whether basedEqual Employment Opportunity Commission (“EEOC”), pursues a claim on contract, quasi-contract, quantum meruit, implied contract, tort, wrongfulExecutive’s behalf or constructive discharge or any other employment-related claim (collectively, the Released Claims). Notwithstanding the foregoing, the Released Claims do not include any claims thaton behalf of a class to which Executive may have for incentive compensation earned underbelong against Employer, Executive hereby waives the right to recover monetary damages or pursuant to the Senior Officers Annual Incentive Planinjunctive relief in favor of Executive from or the Senior Officers Long-Term Incentive Plan for his employment with through the Effective Date.against Employer.
General Release. In consideration forof the Monthly Separation Payments, he, for himself,Severance Benefits and the Companys promises hereunder, the Executive, on behalf of himself and on behalf of his dependents, heirs, executors, administrators,representatives, successors and assigns,assigns (collectively, the Executive Releasors) does hereby releases, waives,voluntarily, knowingly, irrevocably and unconditionally release, waive, and forever discharges ,discharge the Company and each of its predecessors, successors and assigns, and its presentcurrent and former officers,subsidiaries, affiliates, and each of their respective directors, managers, members,predecessors, successors, assigns, employees, agents, representatives, trustees, employee benefit plans and programs (andrepresentatives (collectively, the trustees, administrators, fiduciaries, and insurers of such plans and programs) (Company Releasees), from any and all claims or liabilitiescharges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of whatever kind oraction, suits, rights, demands, costs, losses, debts and expenses (including attorneys fees and costs) of any nature which he ever had or which he now has,whatsoever, known or unknown, whether in law or equity and whether arising under contract or under federal, state or local law and including any claim for discrimination based upon race, color, ethnicity, sex, age, national origin, religion, disability, or any other unlawful criterion or circumstance, which the Executive Releasors had, now have, or may in the future have, against each or any of the Company Releasees arising up to and all Releaseesincluding the date this Agreement is executed (including any claims in connection with the termination of the Executives employment with the Company and its affiliates and any claim for any compensation that are attributable tohas accrued or arose during all periods of time occurringis or may be accruable based on any action or service taken or provided on or prior to the Effective Date, including, but not limited to, anydate this Agreement is executed). The Executive acknowledges that the release set forth in the preceding sentence includes claims # for wrongful dismissal or termination of services, # arising under or pursuant to any employment agreements; claims for bonuses, severance pay, employee or fringe benefits not specifically provided for in [Section 2] above; claims based on anyfederal, state or federal wage, employment, or commonlocal laws, statutes, orders or amendments thereto, including, but not limited to: # any claim underregulations that relate to the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq., employment relationship and/or COBRA; # any race, color, religion, sex, or national origin discriminationprohibiting employment discrimination, including claims under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000(e) et seq.; # any claimAct of disability discrimination under1964, the Americans with Disabilities Act, 42 U.S.C. § 12102 et seq.; # any claimCivil Rights Act of retaliation or wrongful discharge, # any age discrimination claims under1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act, as amended (ADEA), 29 U.S.C. § 621 et seq.; # any claim under the Fair Labor Standard Act of 1939 as amended, 29 U.S.C.§ 201 et seq.; or # any claim under1967, the Older Workers Benefit Protection Act, the Americans with Disabilities Act of 1990, the Rehabilitation Act, Employee Retirement Income Security Act, the Family and Medical Leave Act of 1973, as amended, 29 U.S.C. § 701 et seq.;1993, the New York State Human Rights Law and the Administrative Code of the City of New York, and in each case any amendments thereto, # under any other claims related tofederal, state or arising out of his employment relationship with local statute law, rule, or the termination thereof whetherregulation, # based on contract, quasi-contract, quantum meruit, implied contract, tort, wrongfultort or constructive dischargecommon law, or for damages, including punitive or compensatory damages, or for attorneys fees, expenses, costs, compensation of any other employment-related claim (collectively,kind, injunctive or equitable relief, and # under the Released ClaimsCompanys compensatory plans and agreements, including the Severance Plan, the Companys Change in Control Severance Plan, the Companys 2013 Stock Incentive Plan and the Companys 2009 Stock Incentive Plan (the Stock Incentive Plans)., the Executive Severance Agreement between the Company and the Executive, dated (the 2008 Agreement), and the 2007 Agreement, in each case as amended. Notwithstanding anything to the foregoing, the Released Claims do not includecontrary herein, nothing in this [Section 3(a)] releases any claims that Executive may have for incentive compensation earned# arising under this Agreement and/or pursuant# with respect to the Senior Officers Annual Incentive Plan orRetirement Plans, the Senior Officers Long-Term Incentive Plan for his employment with throughVested Options and the Effective Date.Indemnification Rights.
Release of the Monthly Separation Payments, he,Company. Executive, for himself, his heirs, executors, administrators,successors, assigns, attorneys, and assigns, hereby releases, waives,all those entitled to assert his rights, now and forever hereby releases and discharges , its predecessors, successors and assigns,the Company and its present and formerrespective officers, directors, managers, members,stockholders, trustees, employees, agents, representatives, trustees, employee benefit plansparent corporations, subsidiaries, affiliates, estates, successors, assigns and programs (and the trustees, administrators, fiduciaries, and insurers of such plans and programs) ( Releaseesattorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, or liabilities of whatever kindwhatsoever, in law or naturein equity, which heExecutive ever had or now has against the Released Parties, including, without limitation, any claims arising by reason of or in any way connected with any employment relationship which he now has,existed between the Company or any of its parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, whether known or unknown, againstof any and all Releaseesnature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that are attributablerelationship, that Executive has, had or purports to or arose during all periodshave, from the beginning of time occurring on or prior to the Effective Date, including,date of this Release, and including but not limited to,to claims for employment discrimination under federal or state law, except as provided in Paragraph 2; claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq., or the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq.; claims for statutory or common law wrongful discharge, claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; claims for attorney’s fees, expenses and costs; claims for defamation; claims for emotional distress; claims for wages or vacation pay; claims for benefits, including any claims arising under or pursuant to any employment agreements; claims for bonuses, severance pay, employee or fringe benefits not specifically provided for in [Section 2] above; claims based on any state or federal wage, employment, or common laws, statutes, or amendments thereto, including, but not limited to: # any claim under the EmployeeExecutive Retirement Income Security Act, 29 U.S.C. § 1001 et seq., or COBRA; # any race, color, religion, sex, or national origin discrimination claims under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000(e) et seq.; # any claim of disability discrimination under the Americans with Disabilities Act, 42 U.S.C. § 12102 et seq.; # any claim of retaliation or wrongful discharge, # any age discrimination claims under the Age Discrimination in Employment Act, as amended (ADEA), 29 U.S.C. § 621 et seq.; # any claim under the Fair Labor Standard Act of 1939 as amended, 29 U.S.C.§ 201 et seq.; or # any claim under the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 7011001, et seq.; and claims under any other claims relatedapplicable federal, state or local laws or legal concepts; provided, however, that nothing herein shall release the Company of # obligations to or arising outExecutive to make termination payments under § 8 of his employment relationship with or the termination thereof whether based on contract, quasi-contract, quantum meruit, implied contract, tort, wrongful or constructive dischargeEmployment Agreement or any other employment-related claim (collectively,rights under the Released Claims). NotwithstandingEmployment Agreement, # any indemnification obligations to Executive under the foregoing, the Released Claims do not includeCompany’s bylaws, certificate of incorporation, Delaware law or otherwise; # obligations with respect to insurance coverage under any claimsdirectors’ and officers’ liability insurance policies; # any rights that Executive may have for incentiveas a stockholder of the Company; or # vested interests in any pension plan or other benefit or deferred compensation earned under or pursuant to the Senior Officers Annual Incentive Plan or the Senior Officers Long-Term Incentive Plan for his employment with through the Effective Date.plan.
In exchange for the Monthly Separation Payments, he,considerations provided for himself, his heirs, executors, administrators,in this Agreement including the receipt of the Severance Amount, Executive hereby completely, irrevocably, and assigns, hereby releases, waives,unconditionally releases and forever discharges ,the Company, and any of its predecessors,affiliated companies, and each and all of their officers, agents, directors, supervisors, employees, representatives, and their successors and assigns, and its presentall persons acting by, through, under, for, or in concert with them, or any of them, in any and former officers, directors, managers, members, employees, agents, representatives, trustees, employee benefit plans and programs (andall of their capacities (hereinafter individually or collectively, the trustees, administrators, fiduciaries, and insurers of such plans and programs) ( Releasees"Released Parties"), from any and all claims orcharges, complaints, claims, and liabilities of whateverany kind or nature which he ever had or which he now has,whatsoever, known or unknown, againstsuspected or unsuspected (hereinafter referred to as "claim" or "claims") which Executive at any and all Releaseestime heretofore had or claimed to have or which Executive may have or claim to have regarding events that are attributable to or arose during all periodshave occurred as of time occurring on or prior to the Effective Date,Date of this Agreement, including, without limitation, those based on: any employee welfare benefit or pension plan governed by the Employee Retirement Income Security Act as amended (hereinafter "ERISA") (provided that this release does not extend to any vested retirement benefits of Executive under Company's 401(k) Safe Harbor Plan); the Civil Rights Act of 1964, as amended (race, color, religion, sex and national origin discrimination and harassment); the Civil Rights Act of 1966 (42 U.S.C. § 1981) (discrimination); the Age Discrimination in Employment Act of 1967 (hereinafter "ADEA"), as amended; the Older Workers Benefit Protection Act, as amended; the Americans With Disabilities Act (hereinafter "ADA"), as amended; § 503 of the Rehabilitation Act of 1973; the Fair Labor Standards Act, as amended (wage and hour matters); the Family and Medical Leave Act, as amended, (family leave matters), [Article 49B] of the Maryland Code (discrimination), any other federal, state, or local laws or regulations regarding employment discrimination or harassment, wages, insurance, leave, privacy or any other matter; any negligent or intentional tort; any contract, policy or practice (implied, oral, or written); or any other theory of recovery under federal, state, or local law, and whether for compensatory or punitive damages, or other equitable relief, including, but not limited to, any and all claims which Executive may now have or may have had, arising underfrom or pursuant toin any way whatsoever connected with Executive's employment agreements; claims for bonuses, severance pay, employee or fringe benefits not specifically provided for in [Section 2] above; claims based on any state or federal wage, employment, or common laws, statutes, or amendments thereto, including, but not limited to: # any claim under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq., or COBRA; # any race, color, religion, sex, or national origin discrimination claims under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000(e) et seq.; # any claim of disability discrimination under the Americanscontacts, with Disabilities Act, 42 U.S.C. § 12102 et seq.; # any claim of retaliation or wrongful discharge, # any age discrimination claims under the Age Discrimination in Employment Act, as amended (ADEA), 29 U.S.C. § 621 et seq.; # any claim under the Fair Labor Standard Act of 1939 as amended, 29 U.S.C.§ 201 et seq.; or # any claim under the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; and any other claims related to or arising out of his employment relationship with or the termination thereof whether based on contract, quasi-contract, quantum meruit, implied contract, tort, wrongful or constructive dischargeCompany or any other employment-related claim (collectively, the Released Claims). Notwithstanding the foregoing,of the Released Claims do not include any claims that Executive may have for incentive compensation earned under or pursuant to the Senior Officers Annual Incentive Plan or the Senior Officers Long-Term Incentive Plan for his employment with through the Effective Date.Parties.
Release. In consideration of the Severance Benefits set forth in the Agreement to which this Additional Release of Claims (the "Additional Release") is attached, which the Executive agrees that, in consideration foracknowledges he would not otherwise be entitled to receive, the Monthly Separation Payments, he, for himself, his heirs, executors, administrators,Executive hereby fully, forever, irrevocably and assigns, herebyunconditionally releases, waives,remises and forever discharges ,the Company, its affiliates, subsidiaries, parent companies, predecessors, successors and assigns,successors, and itsall of their respective past and present and former officers, directors, managers,stockholders, partners, members, employees, agents, representatives, trustees, employee benefit plansplan administrators, attorneys, insurers and programs (andfiduciaries (each in their individual and corporate capacities) (collectively, the trustees, administrators, fiduciaries, and insurers of such plans and programs) ( Releasees"Released Parties"), from any and all claims or liabilitiesclaims, charges, complaints, demands, actions, causes of whateveraction, suits, rights, debts, sums of money, costs, accounts, reckonings, covenants, contracts, agreements, promises, doings, omissions, damages, executions, obligations, liabilities, and expenses (including attorneys' fees and costs), of every kind orand nature which hethe Executive ever had or which he now has, known or unknown,has against any andor all Releasees that are attributable to or arose during all periods of time occurring on or prior to the Effective Date,Released Parties, including, but not limited to, anythose claims arising under out of the Executive's employment with and/or pursuant to any employment agreements; claims for bonuses, severance pay, employee or fringe benefits not specifically provided for in [Section 2] above; claims based on any state or federal wage, employment, or common laws, statutes, or amendments thereto,separation from the Company, including, but not limited to: # any claimto, all claims under Title VII of the EmployeeCivil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff et seq., the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., the Worker Adjustment and Retraining Notification Act ("WARN"), 29 U.S.C. § 2101 et seq., the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., the Executive Retirement Income Security Act,Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., or COBRA; # any race, color, religion, sex, or national origin discriminationExecutive Order 11246, and Executive Order 11141, all as amended; all claims under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000(e) et seq.; # any claim of disability discrimination under the Americans with Disabilities Act, 42 U.S.C. § 12102 et seq.; # any claim of retaliation or wrongful discharge, # any age discrimination claims under the Age Discrimination in Employment Act, as amended (ADEA), 29 U.S.C. § 621 et seq.; # any claim under the Fair Labor Standard Act of 1939 as amended, 29 U.S.C.§ 201 et seq.; or # any claim under the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; and any other claims related to or arising out of histhe Maryland Fair Employment Practices Act, Md. Code Art. 49B-1, et seq., the Maryland Discrimination on the Basis of Medical Information Law, Md. Code Ann., Lab. & Empl. § 5‑604, Md. Code Ann., Lab. & Empl. § 3-301 et seq. (Maryland equal pay law), Md. Code Ann., Lab. & Empl. § 3-801 et seq. (Maryland family and medical leave law), all as amended; all common law claims including, but not limited to, actions in defamation, intentional infliction of emotional distress, misrepresentation, fraud, wrongful discharge, and breach of contract; all claims to any non-vested ownership interest in the Company, contractual or otherwise; all state and federal whistleblower claims to the maximum extent permitted by law; and any claim or damage arising out of the Executive's employment relationship with and/or separation from the termination thereof whether based on contract, quasi-contract, quantum meruit, implied contract, tort, wrongful or constructive dischargeCompany (including a claim for retaliation) under any common law theory or any federal, state or local statute or ordinance not expressly referenced above; provided, however, that nothing in this Agreement prevents the Executive from filing a charge with, cooperating with, or participating in any proceeding before the Equal Employment Opportunity Commission or a state fair employment practices agency (except that the Executive acknowledges that he may not recover any monetary benefits in connection with any such claim, charge or proceeding and further waives any rights or claims to any payment, benefit, attorneys' fees or other employment-related claim (collectively,remedial relief in connection with any such claim, charge or proceeding). Nothing in the Released Claims). Notwithstandingabove release affects any rights the foregoing, the Released Claims do not include any claims that Executive may have for incentive compensation earnedindemnification under state or pursuant to the Senior Officers Annual Incentive Planother law or the Senior Officers Long-Term Incentive Plancharter, articles, or by-laws of the Company or under any insurance policy providing directors' and officers' coverage, which remains in full force and effect; provided, however, that # this Agreement does not create any additional indemnification rights for his employment with through the Effective Date.Executive, and # the Company retains any defenses it may have to such indemnification or coverage.
Executive, on behalf of himself or herself and his or her executors, heirs, executors, administrators, representatives and assigns, hereby releases, waives,agrees to release and forever discharges , itsdischarge the Company and all predecessors, successors and assigns,their respective parent corporations, affiliates, related, and/or subsidiary entities, and itsall of their past and present investors, directors, shareholders, officers, general or limited partners, employees, attorneys, agents and former officers, directors, managers, members, employees, agents, representatives, trustees,and the employee benefit plans and programs (andin which Executive is or has been a participant by virtue of his or her employment with or service to the trustees, administrators, fiduciaries, and insurers of such plans and programs) ( ReleaseesCompany (collectively, the “Company Releasees”), from any and all claimsclaims, debts, demands, accounts, judgments, rights, causes of action, equitable relief, damages, costs, charges, complaints, obligations, promises, agreements, controversies, suits, expenses, compensation, responsibility and liability of every kind and character whatsoever (including attorneys’ fees and costs), whether in law or liabilities of whatever kind or nature which he ever had or which he now has,equity, known or unknown, asserted or unasserted, suspected or unsuspected (collectively, “Claims”), which Executive has or may have had against such entities based on any and all Releasees that are attributable toevents or arose during all periods of timecircumstances arising or occurring on or prior to the Effective Date, including, but not limiteddate hereof or on or prior to the date hereof, arising directly or indirectly out of, relating to, or in any other way involving in any manner whatsoever Executive’s employment by or service to the Company or the termination thereof, including any and all claims arising under federal, state, or pursuantlocal laws relating to employment, including without limitation claims of wrongful discharge, breach of express or implied contract, fraud, misrepresentation, defamation, or liability in tort, and claims of any employment agreements; claims for bonuses, severance pay, employeekind that may be brought in any court or fringe benefits not specifically provided for in [Section 2] above; claims based on any state or federal wage, employment, or common laws, statutes, or amendments thereto,administrative agency including, but not limited to: # any claim under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq., or COBRA; # any race, color, religion, sex, or national origin discriminationwithout limitation, claims under Title VII of the 1964 Civil Rights Act,Act of 1964, as amended, 42 U.S.C. § 2000(e)Section 2000, et seq.; # any claim of disability discrimination under the Americans with Disabilities Act, as amended, 42 U.S.C. § 1210212101 et seq.; # any claim of retaliation or wrongful discharge, # any age discrimination claims under the Age Discrimination in Employment Act, as amended (ADEA), 29 U.S.C. § 621 et seq.; # any claim under the Fair Labor Standard Act of 1939 as amended, 29 U.S.C.§ 201 et seq.; or # any claim under the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; the Civil Rights Act of 1866, and any other claims related to or arising outthe Civil Rights Act of his employment relationship with or1991; 42 U.S.C. Section 1981, et seq.; the termination thereof whether based on contract, quasi-contract, quantum meruit, implied contract, tort, wrongful or constructive discharge or any other employment-related claim (collectively, the Released Claims). Notwithstanding the foregoing, the Released Claims do not include any claims that Executive may have for incentive compensation earned under or pursuant to the Senior Officers Annual Incentive Plan or the Senior Officers Long-Term Incentive Plan for his employment with through the Effective Date.Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621, et seq. (the
In exchange for receiving the compensation and benefits described in the Separation Agreement, Executive agrees that, in considerationdoes for the Monthly Separation Payments, he, for himself,himself and his heirs, executors, administrators, successors and assigns, hereby releases, waives,release, acquit, and forever discharges , its predecessors, successorsdischarge and assigns,hold harmless the Companies and its presenteach of their divisions, subsidiaries and formeraffiliated companies, and their respective successors, assigns, officers, directors, managers, members,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, representatives, trustees, employee benefit planspast and programs (and the trustees, administrators, fiduciaries,present (the "Released Parties"), of and insurers of such plans and programs) ( Releasees), from any and all claims or liabilitiesactions, causes of action, claims, demands, attorneys' fees, compensation, expenses, promises, covenants, and damages of whatever kind or naturenature, in law or in equity, which he everExecutive has, had or which he now has,could have asserted, known or unknown, againstunknown (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 Releasees that are attributable toclaims for any additional severance pay, vacation pay, bonus or arose during all periods of time occurring on or prior to the Effective Date,other compensation, including, but not limited 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 unlawful discrimination; any and all claims arising under or pursuant to any employment agreements; claims for bonuses, severance pay, employee or fringe benefits not specifically provided for in [Section 2] above; claims based on any state or federal wage, employment, or common laws, statutes, or amendments thereto, including, but not limited to: # any claim under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq., or COBRA; # any race, color, religion, sex, or national origin discrimination claims under Title VII of the 1964Federal Civil Rights Act, 42 U.S.C. § 2000(e) et seq.; # any claimAct; the Federal Civil Rights Act of disability discrimination under1991; the Americans with Disabilities Act, 42 U.S.C. § 12102 et seq.; # any claim of retaliation or wrongful discharge, # any age discrimination claims underAct; the Age Discrimination in Employment Act, as amended (ADEA), 29 U.S.C. § 621 et seq.; # any claimAct; the Older Workers Benefit Protection Act; the New Jersey Law Against Discrimination; the Florida Civil Rights Act; or under the Fair Labor Standard Act of 1939 as amended, 29 U.S.C.§ 201 et seq.; or # any claim under the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; and any other claims relatedstate, 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 termination thereof whether based on contract, quasi-contract, quantum meruit, implied contract, tort, wrongful separation of such employment relationship, and/or constructive discharge orwith respect to any other employment-related claim (collectively,claim, matter or event, from the Released Claims). Notwithstandingbeginning of the foregoing, the Released Claims do not include any claims that Executive may have for incentive compensation earned under or pursuantworld to the Senior Officers Annual Incentive Plan or the Senior Officers Long-Term Incentive Plan for his employment with through the Effective Date.date of Executive's execution of this Release.
In consideration forof the Monthly Separation Payments, he, for himself,amounts to be paid by the Company pursuant to the employment letter agreement, effective as of (the “Employment Agreement”), Executive, on behalf of himself and his heirs, executors, administrators,devisees, successors and assigns, herebyknowingly and voluntarily releases, waives,remises, and forever discharges ,the Company and its predecessors,parent company, subsidiaries and affiliates, together with each of their current and former principals, officers, directors, shareholders, agents, representatives and employees, and each of their heirs, executors, successors and assigns, and its present and former officers, directors, managers, members, employees, agents, representatives, trustees, employee benefit plans and programs (andassigns (collectively, the trustees, administrators, fiduciaries, and insurers of such plans and programs) ( Releasees“Releasees”), from any and all debts, demands, actions, causes of action, accounts, covenants, contracts, agreements, claims, damages, omissions, promises, and any and all claims orand liabilities whatsoever, of whatever kind or nature which he ever had or which he now has,every name and nature, known or unknown, suspected or unsuspected, both in law and equity (“Claims”), which Executive ever had, now has, or may hereafter claim to have against the Releasees by reason of any matter or cause whatsoever arising from the beginning of time to the time he signs this Agreement arising out of his employment by, or termination from employment by, the Company or the Group (the “General Release”). References herein to the “ Group” shall mean and refer to, collectively, the Company, , a Jersey (Channel Islands) corporation, and their respective direct and indirect subsidiaries and affiliates. This General Release of Claims shall apply to any Claim of any type, including, without limitation, any and all ReleaseesClaims of any type that are attributable to or arose during all periods of time occurring on or prior to the Effective Date, including, but not limited to, any claimsExecutive may have arising under or pursuant to any employment agreements; claims for bonuses, severance pay, employee or fringe benefits not specifically provided for in [Section 2] above; claims based on any state or federal wage, employment, orthe common laws, statutes, or amendments thereto, including, but not limited to: # any claimlaw, under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Older Workers Benefit Protection Act, the Americans With Disabilities Act of 1967, the Family and Medical Leave Act of 1993, the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq., or COBRA; # any race, color, religion, sex, or national origin discrimination claims under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000(e) et seq.; # any claim of disability discrimination under the Americans with Disabilities Act, 42 U.S.C. § 12102 et seq.; # any claim of retaliation or wrongful discharge, # any age discrimination claims under the Age Discrimination in Employment Act, as amended (ADEA), 29 U.S.C. § 621 et seq.; # any claim under the Fair Labor Standard Act of 19391974, the Sarbanes-Oxley Act of 2002, each as amended, 29 U.S.C.§ 201 et seq.; or # any claim under the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; and any other claimsfederal, state or local statutes, regulations, ordinances or common law, or under any policy, agreement, contract, understanding or promise, written or oral, formal or informal, between any of the Releasees and Executive and shall further apply, without limitation, to any and all Claims in connection with, related to or arising out of hisExecutive’s employment relationship with relationship, or the termination thereof whether based on contract, quasi-contract, quantum meruit, implied contract, tort, wrongful or constructive discharge or any other employment-related claim (collectively,of his employment, with the Released Claims). Notwithstanding the foregoing, the Released Claims do not include any claims that Executive may have for incentive compensation earned under or pursuant to the Senior Officers Annual Incentive Plan or the Senior Officers Long-Term Incentive Plan for his employment with through the Effective Date.Company.
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