Executive’s Release and Waiver of Claims. In consideration for the promises contained herein, and except with respect to the Company’s obligations hereunder, and subject to Section 7 of this Agreement (Protected Activity), Executive hereby releases and forever discharges the Company from any and all charges, complaints, liabilities, claims, promises, agreements, controversies, damages, causes of action, suits or expenses of any kind or nature whatsoever, known or unknown, foreseen or unforeseen from the beginning of time through the date upon which Executive executes this Agreement (collectively, “Claims”). The scope of this release includes, but is not limited to, claims arising in any way from Executive’s employment with the Company, Executive’s service as an officer and/or director of the Company, or Executive’s agreement to resign Executive’s employment as provided in section 1, above; any and all alleged discrimination or acts of discrimination which occurred or may have occurred on or before the date upon which Executive executes this Agreement based upon race, color, sex, creed, national origin, age, disability or any other violation of any equal employment opportunity law, ordinance, rule, regulation or order (including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the Americans with Disabilities Act; the Family and Medical Leave Act (“FMLA”); applicable federal and state securities laws; claims under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)); or any other federal, state or local laws or regulations regarding employment discrimination or termination of employment; and any claims for breach of contract, wrongful discharge, fraud, or misrepresentation under any statute, rule, or regulation or under the common law. Excluded from this Agreement are any claims which cannot be waived by law. Executive is waiving any right to recover any individual relief from the Company (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, lawsuit or other proceeding brought by Executive or on Executive's behalf against the Company pertaining to events occurring prior to execution of this Agreement.
Executive’s Release and Waiver of Claims. In consideration for the promises contained herein, and except with respect to the Company’s obligations hereunder, and subject to Section 7 of this Agreement (Protected Activity), Executive hereby releases and forever discharges the Company from any and all charges, complaints, liabilities, claims, promises, agreements, controversies, damages, causes of action, suits or expenses of any kind or nature whatsoever, known or unknown, foreseen or unforeseen from the beginning of time through the date upon which Executive executes this Agreement (collectively, “Claims”). The scope of this release includes, but is not limited to, claims arising in any way from Executive’s employment with the Company, Executive’s service as an officer and/or director of the Company, or Executive’s agreement to resign Executive’s employment as provided in section 1, above; any and all alleged discrimination or acts of discrimination which occurred or may have occurred on or before the date upon which Executive executes this Agreement based upon race, color, sex, creed, national origin, age, disability or any other violation of any equal employment opportunity law, ordinance, rule, regulation or order (including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the Americans with Disabilities Act; the Family and Medical Leave Act (“FMLA”); applicable federal and state securities laws; claims under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)); or any other federal, state or local laws or regulations regarding employment discrimination or termination of employment; and any claims for breach of contract, wrongful discharge, fraud, or misrepresentation under any statute, rule, or regulation or under the common law. Excluded from this Agreement are any claims which cannot be waived by law.law, including but not limited to the right to file a charge with or participate in an investigation conducted by the Equal Employment Opportunity Commission (“EEOC”), Securities and Exchange Commission (SEC) or other governmental agency. Executive is waiving anywaiving, however, Executive’s right to recover any individualmonetary recovery or relief fromshould the Company (including back pay, front pay, reinstatementEEOC or any other legal or equitable relief) inagency pursue any charge, complaint, lawsuit or other proceeding brought by Executive orclaims on Executive'Executive’s behalf against the Company pertaining to events occurring prior to execution of this Agreement. behalf.
Executive’s ReleaseExecutive, on behalf of himself or herself and Waiverhis or her executors, heirs, administrators, representatives and assigns, hereby agrees to release and forever discharge the Company and all predecessors, successors and their respective parent corporations, affiliates, related, and/or subsidiary entities, and all of Claims. In consideration fortheir past and present investors, directors, shareholders, officers, general or limited partners, employees, attorneys, agents and representatives, and the promises contained herein, and exceptemployee benefit plans in which Executive is or has been a participant by virtue of his or her employment with respector service to the Company’s obligations hereunder, and subject to Section 7 of this Agreement (Protected Activity), Executive hereby releases and forever dischargesCompany (collectively, the Company“Company Releasees”), from any and all claims, debts, demands, accounts, judgments, rights, causes of action, equitable relief, damages, costs, charges, complaints, liabilities, claims,obligations, promises, agreements, controversies, damages, causessuits, expenses, compensation, responsibility and liability of action, suitsevery kind and character whatsoever (including attorneys’ fees and costs), whether in law or expensesequity, known or unknown, asserted or unasserted, suspected or unsuspected (collectively, “Claims”), which Executive has or may have had against such entities based on any events or circumstances arising or occurring on or prior to the date 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 local 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 kind or nature whatsoever, known or unknown, foreseen or unforeseen from the beginning of time through the date upon which Executive executes this Agreement (collectively, “Claims”). The scope of this release includes, but is not limited to, claims arisingthat may be brought in any way from Executive’s employment with the Company, Executive’s service as an officer and/court or director of the Company, or Executive’s agreement to resign Executive’s employment as provided in section 1, above; any and all alleged discrimination or acts of discrimination which occurred or may have occurred on or before the date upon which Executive executes this Agreement based upon race, color, sex, creed, national origin, age, disability or any other violation of any equal employment opportunity law, ordinance, rule, regulation or order (including, but not limited to,administrative agency including, without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended;amended, 42 U.S.C. Section 2000, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; the Civil Rights Act of 1866, and the Civil Rights Act of 1991; 42 U.S.C. Section 1981, et seq.; the Age Discrimination in Employment Act of 1967,Act, as amended (“ADEA”); the Americans with Disabilities Act; the Family and Medical Leave Act (“FMLA”); applicable federal and state securities laws; claims under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)); or any other federal, state or local laws or regulations regarding employment discrimination or termination of employment; and any claims for breach of contract, wrongful discharge, fraud, or misrepresentation under any statute, rule, or regulation or under the common law. Excluded from this Agreement are any claims which cannot be waived by law. Executive is waiving any right to recover any individual relief from the Company (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, lawsuit or other proceeding brought by Executive or on Executive's behalf against the Company pertaining to events occurring prior to execution of this Agreement.amended, 29 U.S.C. Section 621, et seq. (the
Executive’s Release and Waiver of Claims. In considerationexchange for the promises contained herein, and except with respect to the Company’s obligations hereunder, and subject to Section 7 ofconsiderations provided for in this Agreement (Protected Activity),including the receipt of the Severance Amount, Executive hereby completely, irrevocably, and unconditionally releases and forever discharges the CompanyCompany, and any of its affiliated companies, and each and all of their officers, agents, directors, supervisors, employees, representatives, and their successors and assigns, and all persons acting by, through, under, for, or in concert with them, or any of them, in any and all of their capacities (hereinafter individually or collectively, the "Released Parties"), from any and all charges, complaints, liabilities, claims, promises, agreements, controversies, damages, causes of action, suits or expensesand liabilities of any kind or nature whatsoever, known or unknown, foreseensuspected or unforeseen from the beginning of time through the date uponunsuspected (hereinafter referred to as "claim" or "claims") which Executive executes this Agreement (collectively, “Claims”). The scopeat any time heretofore had or claimed to have or which Executive may have or claim to have regarding events that have occurred as of the Effective 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 includes, but isdoes not limited to, claims arising inextend to any way from Executive’vested retirement benefits of Executive under Company's employment with the Company, Executive’s service as an officer and/or director of the Company, or Executive’s agreement to resign Executive’s employment as provided in section 1, above; any and all alleged discrimination or acts of discrimination which occurred or may have occurred on or before the date upon which Executive executes this Agreement based upon race, color, sex, creed, national origin, age, disability or any other violation of any equal employment opportunity law, ordinance, rule, regulation or order (including, but not limited to, Title VII of401(k) Safe Harbor Plan); the Civil Rights Act of 1964, as amended;amended (race, color, religion, sex and national origin discrimination and harassment); the Civil Rights Act of 1991;1966 (42 U.S.C. § 1981) (discrimination); the Age Discrimination in Employment Act of 1967,1967 (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 (“ADEA”)(wage and hour matters); the Americans with Disabilities Act; the Family and Medical Leave Act (“FMLA”); applicable federal and state securities laws; claims underAct, as amended, (family leave matters), [Article 49B] of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)); orMaryland Code (discrimination), any other federal, statestate, or local laws or regulations regarding employment discrimination or terminationharassment, 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 employment;recovery under federal, state, or local law, and whether for compensatory or punitive damages, or other equitable relief, including, but not limited to, any claims for breach of contract, wrongful discharge, fraud, or misrepresentation under any statute, rule, or regulation or under the common law. Excluded from this Agreement are anyand all claims which cannot be waived by law. Executive is waiving any right to recover any individual reliefmay now have or may have had, arising from the Company (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, lawsuitway whatsoever connected with Executive's employment or contacts, with Company or any other proceeding brought by Executive or on Executive's behalf againstof the Company pertaining to events occurring prior to execution of this Agreement. Released Parties.
Executive’s Release and Waiver of Claims. In consideration for the promises contained herein, and except with respect to the Company’s obligations hereunder, and subject to Section 7 of this Agreement (Protected Activity), Executive hereby releases Company, and forever discharges the Companyall successors, subsidiaries, and affiliates of Company, and all officers, directors, employees, agents, and shareholders of Company, and each of them, from any and all charges, complaints, liabilities, claims, promises, agreements, controversies,liability, demands, rights, damages, causes of action, suits orcosts, attorneys’ fees, and expenses of any kind orwhatever nature whatsoever,that exist as of the date of execution of this Release Agreement, whether known or unknown, foreseen or unforeseen from the beginning of time through the date upon which Executive executes this Agreement (collectively, “Claims”). The scope of this release includes,unforeseen, asserted or unasserted, including, but is not limited to, all claims arising in any way fromout of Executive’s employment with the Company, Executive’s service as an officer and/or director of the Company, or Executive’s agreement to resign Executive’s employment as provided in section 1, above; anytermination from employment, and including all alleged discrimination or actsclaims arising out of discrimination which occurred or may have occurred on or before the date upon which Executive executes this Agreement based upon race, color, sex, creed, national origin, age, disability or any other violation of any equal employment opportunity law, ordinance, rule, regulation or order (including, but not limited to,applicable state and federal laws, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended (“ADEA”);Act, the Americans with Disabilities Act; the Family and Medical Leave Act (“FMLA”); applicable federal and state securities laws; claims underAct, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)); orstate and federal Family Leave Acts, and any other federal, state or local laws or regulations regarding employment discrimination or termination of employment; and any claims for breach ofapplicable tort, contract, wrongful discharge, fraud, or misrepresentation under any statute, rule, or regulation or under the common law. Excluded from this Agreement are any claims which cannot be waived by law. Executive is waiving any right to recover any individual relief from the Company (including back pay, front pay, reinstatement or other legal or equitable relief) incommon law theories; provided, however, that this release shall not extend to any charge, complaint, lawsuitcompensatory payments or other proceeding broughtbenefits due to Executive following the expiration of the Revocation Period pursuant to the terms and conditions of any applicable benefit plans, programs and agreements maintained by Company for the benefit of Executive or on Executive's behalf against theto which Company pertaining to events occurring prior to execution of this Agreement.and Executive are parties.
Executive’s Release and Waiver of Claims.Release. In consideration forof the promises contained herein, and except with respectSeverance Benefits set forth in the Agreement to which this Additional Release of Claims (the "Additional Release") is attached, which the Company’s obligations hereunder, and subjectExecutive acknowledges he would not otherwise be entitled to Section 7 of this Agreement (Protected Activity),receive, the Executive hereby releasesfully, forever, irrevocably and foreverunconditionally releases, remises and discharges the CompanyCompany, its affiliates, subsidiaries, parent companies, predecessors, and successors, and all of their respective past and present officers, directors, stockholders, partners, members, employees, agents, representatives, plan administrators, attorneys, insurers and fiduciaries (each in their individual and corporate capacities) (collectively, the "Released Parties") from any and all claims, charges, complaints, liabilities, claims, promises, agreements, controversies, damages,demands, actions, causes of action, suitssuits, 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 and nature which the Executive ever had or expensesnow has against any or all of any kind or nature whatsoever, known or unknown, foreseen or unforeseen from the beginning of time through the date upon which Executive executes this Agreement (collectively, “Claims”). The scope of this release includes,Released Parties, including, but is not limited to, those claims arising in any way from Executive’out of the Executive's employment with and/or separation from the Company, Executive’s service as an officer and/or director of the Company, or Executive’s agreement to resign Executive’s employment as provided in section 1, above; any and all alleged discrimination or acts of discrimination which occurred or may have occurred on or before the date upon which Executive executes this Agreement based upon race, color, sex, creed, national origin, age, disability or any other violation of any equal employment opportunity law, ordinance, rule, regulation or order (including,including, but not limited to, all claims under Title VII of the Civil Rights Act of 1964, as amended;42 U.S.C. § 2000e et seq., the Civil RightsAmericans With Disabilities Act of 1991;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 1967, as amended (“ADEA”); the Americans with Disabilities Act;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 (“FMLA”("WARN"); applicable federal and state securities laws; claims under, 29 U.S.C. § 2101 et seq., the EmployeeRehabilitation 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 of 1974,1974 ("ERISA"), 29 U.S.C. § 1001 et seq., Executive Order 11246, and Executive Order 11141, all as amended (“ERISA”));amended; all claims arising out of the 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 otherclaim or damage arising out of the Executive's employment with and/or separation from the Company (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 remedial relief in connection with any such claim, charge or proceeding). Nothing in the above release affects any rights the Executive may have for indemnification under state or other law or the charter, articles, or by-laws or regulations regarding employment discrimination or termination of employment; and any claims for breach of contract, wrongful discharge, fraud,the Company or misrepresentation under any statute, rule, or regulation or under the common law. Excluded frominsurance policy providing directors' and officers' coverage, which remains in full force and effect; provided, however, that # this Agreement aredoes not create any claims which cannot be waived by law. Executive is waiving any right to recover any individual relief fromadditional indemnification rights for the Executive, and # the Company (including back pay, front pay, reinstatementretains any defenses it may have to such indemnification or other legal or equitable relief) in any charge, complaint, lawsuit or other proceeding brought by Executive or on Executive's behalf against the Company pertaining to events occurring prior to execution of this Agreement. coverage.
Executive’s ReleaseExecutive, on behalf of himself or herself and Waiverhis or her executors, heirs, administrators, representatives and assigns, hereby agrees to release and forever discharge the Company and all predecessors, successors and their respective parent corporations, affiliates, related, and/or subsidiary entities, and all of Claims. In consideration fortheir past and present investors, directors, stockholders, officers, general or limited partners, employees, attorneys, agents and representatives, and the promises contained herein, and exceptemployee benefit plans in which Executive is or has been a participant by virtue of his or her employment with respector service to the Company’s obligations hereunder, and subject to Section 7 of this Agreement (Protected Activity), Executive hereby releases and forever dischargesCompany (collectively, the Company“Company Releasees”), from any and all claims, debts, demands, accounts, judgments, rights, causes of action, equitable relief, damages, costs, charges, complaints, liabilities, claims,obligations, promises, agreements, controversies, damages, causessuits, expenses, compensation, responsibility and liability of action, suitsevery kind and character whatsoever (including attorneys’ fees and costs), whether in law or expensesequity, known or unknown, asserted or unasserted, suspected or unsuspected (collectively, “Claims”), which Executive has or may have had against such entities based on any events or circumstances arising or occurring on or prior to the date 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 local 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 kind or nature whatsoever, known or unknown, foreseen or unforeseen from the beginning of time through the date upon which Executive executes this Agreement (collectively, “Claims”). The scope of this release includes, but is not limited to, claims arisingthat may be brought in any way from Executive’s employment with the Company, Executive’s service as an officer and/court or director of the Company, or Executive’s agreement to resign Executive’s employment as provided in section 1, above; any and all alleged discrimination or acts of discrimination which occurred or may have occurred on or before the date upon which Executive executes this Agreement based upon race, color, sex, creed, national origin, age, disability or any other violation of any equal employment opportunity law, ordinance, rule, regulation or order (including, but not limited to,administrative agency including, without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended;amended, 42 U.S.C. Section 2000, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; the Civil Rights Act of 1866, and the Civil Rights Act of 1991; 42 U.S.C. Section 1981, et seq.; the Age Discrimination in Employment Act of 1967,Act, as amended (“ADEA”amended, 29 U.S.C. Section 621, et seq. (the “ADEA”); the Americans with Disabilities Act;Equal Pay Act, as amended, 29 U.S.C. Section 206(d); regulations of the Office of Federal Contract Compliance, 41 C.F.R. Section 60, et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601 et seq.; the Fair Labor Standards Act (“FMLA”)of 1938, as amended, 29 U.S.C. § 201 et seq.; applicable federal and state securities laws; claims under the Employee Retirement Income Security Act of 1974,Act, as amended (“ERISA”))amended, 29 U.S.C. § 1001 et seq.; or any other federal, state or local laws or regulations regarding employment discrimination or termination of employment; and any claims for breach of contract, wrongful discharge, fraud, or misrepresentation under any statute, rule, or regulation or under the common law. Excluded from this Agreement are any claims which cannot be waived by law. Executive is waiving any right to recover any individual relief from the Company (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, lawsuit or other proceeding brought by Executive or on Executive's behalf against the Company pertaining to events occurring prior to execution of this Agreement. California Fair Employment and Housing Act, California Government Code Section 12940, et seq.
Executive’s Release and Waiver of Claims.Releases. In considerationexchange for the promises contained herein,consideration provided in this Agreement, you, on your behalf and except with respect to the Company’s obligations hereunder,on behalf of your heirs, executors, administrators and subject to Section 7 of this Agreement (Protected Activity), Executiveassigns, hereby releasesirrevocably and unconditionally waive, release, acquit and forever dischargesdischarge the Company from any and all charges, complaints, liabilities, claims, promises, agreements, controversies,obligations, administrative actions, damages, causes of action, suits orand expenses of any kind or nature whatsoever, known or unknown, foreseenthat exist or unforeseen from the beginning of timecould exist, through the date upon which Executive executes this Agreement (collectively, “Claims”). The scopeEffective Date (as defined below) and arising out of this release includes, but is not limited to, claims arising in any way from Executive’syour employment relationship with the Company or the termination of your employment with the Company, Executive’s service as an officer and/or director of the Company, or Executive’s agreement to resign Executive’s employment as provided in section 1, above;Company. Released claims include, without limitation, any and all alleged discriminationclaims arising under federal, state or acts of discrimination which occurred or may have occurred on or beforelocal laws, including, without limitation, claims under the date upon which Executive executes this Agreement based upon race, color, sex, creed, national origin, age, disability or any other violation of any equal employment opportunity law, ordinance, rule, regulation or order (including, but not limited to,Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, as amended;amended, the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the Americans with Disabilities Act; the Family and Medical Leave Act (“FMLA”); applicable federal and state securities laws; claims underEqual Pay Act, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)); orAct, any other federal, state or local laws or regulations regardinglaw prohibiting employment discrimination or termination of employment;harassment or otherwise regulating wages, hours or working conditions, and any and all claims under the common law for breach of express or implied contract, violation of the covenant of good faith and fair dealing, violation of public policy, defamation, retaliatory or wrongful termination, punitive damages, claims under any employee stock plan in which you participated; claims of contract and quasi-contract; and claims of tortious conduct, wrongful discharge, fraud, or misrepresentation underand whistle-blowing. Notwithstanding, this release does not apply to any statute, rule, or regulation or under the common law. Excluded fromclaim you may have to your potential 2013 bonus award and vested retirement benefits, including equity awards, 401(k) Retirement and Savings Plan and Auxiliary RASP amounts and any deferred compensation account balance. Further, nothing in this Agreement are anyshall limit your contractual or other claims which cannot be waived by law. Executive is waiving any right to recover any individual relief fromindemnification or insurance coverage as an executive officer, director, consultant or designated representative of the Company (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, lawsuit or other proceeding brought by Executive or on Executive'as a member of the Company’s behalf against the Company pertaining to events occurring prior to execution of this Agreement. 401(k) Retirement and Savings Plan Administrative Plan Committee.
Executive’s Release and Waiver of Claims. In consideration forof the promises contained herein, and except with respect to the Company’s obligations hereunder, andforegoing benefits, subject to Section 79 of this Agreement (Protected Activity), ExecutiveEmployee hereby releases and forever discharges the Company (as defined the first paragraph of this Agreement) and the Company’s long-term disability plans (including any trustees, custodians and administrators engaged in connection with the administration of claims or assets maintained in connection with any suchplans) of and from any and all charges, complaints, liabilities, claims, promises, agreements, controversies, damages, causeslegal, equitable, and administrative claims and demands of action, suitsevery name, type, act and nature, arising out of or expensesexisting by reason of any kind or nature whatsoever, known or unknown, foreseenunknown act or unforeseen from the beginninginaction whatsoever and occurring prior to execution of time through the date upon which Executive executes this Agreement (collectively, “Claims”). The scope of thisAgreement. This release includes, but is not limited to, claims arising in any way from Executive’claims, charges, complaints, grievances, causes of action (known or unknown), demands, injuries (whether personal, emotional or other), unfair labor practices, or suits arising, directly or indirectly, out of Employee's employment with and/or separation of employment from the Company, Executive’s service as an officerand includes, but is not limited to claims, charges, complaints, actions, demands or suits which may be, have, or might have been asserted, whether in contract or in tort, and whether under common law or under federal, state or local statute, regulation or ordinance. Claims, actions and demands released herein include but are not limited to those based on allegations of wrongful discharge, retaliation, personal injury and/or directorbreach of contract; those arising under state or local discrimination, fair employment practices, and/or wage and hour laws; for West Virginia employees, those arising under the Company, or Executive’s agreement to resign Executive’s employment as provided in section 1, above; any and all alleged discrimination or acts of discrimination which occurred or may have occurred on or before the date upon which Executive executes this Agreement based upon race, color, sex, creed, national origin, age, disability or any other violation of any equal employment opportunity law, ordinance, rule, regulation or order (including, but not limited to,West Virginia Human Rights Act; those arising under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991;1866, as amended, the Fair Labor Standards Act, the Age Discrimination in Employment Act of 1967, as amended1967 (“ADEA”);, the Rehabilitation Act of 1973, the Americans withWith Disabilities Act;Act (“ADA”) and Executive Order 11246, (all as amended); those arising under the Uniformed Services Employment and Re-employment Rights Act of 1994 (“USERRA”), the Worker Adjustment and Retraining Notification Act (“WARN”), the Labor Management Relations Act (“LMRA”), the National Labor Relations Act (“NLRA”), and the Family and Medical Leave Act (“FMLA”); and those arising under applicable federal and state securities laws; claims under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)); or any other federal, state or local laws or regulations regarding employment discrimination or termination of employment; andlaws. Also released are any claims for breach of contract, wrongful discharge, fraud, or misrepresentationand demands related to entitlement to long-term disability benefits under any statute, rule, or regulation or under the common law.Company long-term disability plan. Excluded from this Agreement are any pending or as yet unaccrued worker’s compensation/occupational disease claims, vested pension benefits, claims which cannot be waived by law. Executivelaw and those payments and benefits enumerated in the Summary of Benefits from Andrew R. Carlin to Employee, a copy of which is attached hereto as [Exhibit A]. Employee further does not release, discharge or waive any rights to indemnification or other protection that Employee may have under the By-Laws or Resolutions of the Company, the laws of the States of New York and/or Ohio, any indemnification agreement between Employee and the Company, or any insurance coverage maintained by or on behalf of the Company (including but not limited to Director and Officer insurance), nor will the Company take any action, directly or indirectly, to encumber or adversely affect Employee’s rights under any such indemnification arrangement or insurance. Further, the release contained in this Section will not affect any rights granted to Employee, or obligations of the Company, under the terms of this Agreement. Employee is waiving any right to recover any individual relief from the Company (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, lawsuit or other proceeding brought by ExecutiveEmployee or on Executive'Employee's behalf against the Company pertaining to events occurring prior to execution of this Agreement. Employee further waives any claim Employee may have for reemployment with the Company.
Executive’s Release of the Company. Executive, for himself, his successors, assigns, attorneys, and Waiver of Claims. In consideration for the promises contained herein,all those entitled to assert his rights, now and except with respect to the Company’s obligations hereunder, and subject to Section 7 of this Agreement (Protected Activity), Executiveforever hereby releases and forever discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, parent corporations, subsidiaries, affiliates, estates, successors, assigns and attorneys (the “Released Parties”), from any and all charges, complaints, liabilities, claims, promises, agreements, controversies, damages,actions, causes of action, suitssums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorneys’ fees and costs, or expensesliabilities whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, any claims arising by reason of or in any kindway connected with any employment relationship which existed between the Company or nature whatsoever,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, foreseenof any nature whatsoever, including those which may be traced either directly or unforeseenindirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time throughto the date upon which Executive executes this Agreement (collectively, “Claims”). The scope of this release includes,Release, and including but is not limited to,to claims arising in any way from Executive’sfor employment with the Company, Executive’s service as an officer and/discrimination under federal or director of the Company, or Executive’s agreement to resign Executive’s employmentstate law, except as provided in section 1, above; any and all alleged discrimination or acts of discrimination which occurred or may have occurred on or beforeParagraph 2; claims arising under the date upon which Executive executes this Agreement based upon race, color, sex, creed, national origin, age, disability or any other violation of any equal employment opportunity law, ordinance, rule, regulation or order (including, but not limited to,Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended (“ADEA”);Act, 42 U.S.C. § 2000(e), et seq., or the Americans withWith Disabilities Act; the Family and Medical Leave Act (“FMLA”); applicable federal and state securities laws;Act, 42 U.S.C. § 12101 et seq.; claims for statutory or common law wrongful discharge, claims arising under the EmployeeFair 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 the Executive Retirement Income Security Act of 1974, as amended (“ERISA”))Act, 29 U.S.C. § 1001, et seq.; orand claims under any other applicable federal, state or local laws or regulations regarding employment discriminationlegal concepts; provided, however, that nothing herein shall release the Company of # obligations to Executive to make termination payments under § 8 of the Employment Agreement or terminationany other rights under the Employment Agreement, # any indemnification obligations to Executive under the Company’s bylaws, certificate of employment; and any claims for breach of contract, wrongful discharge, fraud,incorporation, Delaware law or misrepresentationotherwise; # obligations with respect to insurance coverage under any statute, rule,directors’ and officers’ liability insurance policies; # any rights that Executive may have as a stockholder of the Company; or regulation or under the common law. Excluded from this Agreement are# vested interests in any claims which cannot be waived by law. Executive is waiving any right to recover any individual relief from the Company (including back pay, front pay, reinstatementpension plan or other legalbenefit or equitable relief) in any charge, complaint, lawsuit or other proceeding brought by Executive or on Executive's behalf against the Company pertaining to events occurring prior to execution of this Agreement. deferred compensation plan.
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