General release by employee clause, including Age Discrimination in Employment Act claim release. Release a. The parties agree that the Employee, by signing this agreement, is permanently releasing Employer, and anyone affiliated with Employer, from all claims relating to Employee's employment or other interactions with Employer up to the time when this agreement is signed. "Release" means, among other things, that the Employee is giving up any right to sue Employer or demand additional money or conduct regarding any issue from the past. Each party is making promises or giving something or giving up something in order to reach this agreement. Employee acknowledges that in return for this release, he or she is receiving money in addition to any money or other benfits to which he or she is already entitled. The parties agree that they are each making promises that they intend to keep, and each expects the other to keep it's promises. _________[if applicable: As mentioned elsewhere in this document, Employee has had at least 21 days to review this agreement and release and related documents, and Employer has advised Employer to consult with an attorney, and here repeats that advice. Employee acknowledges that he or she will have seven (7) days to think about cancelling this agreement after signing this agreement and that this release will not become effective or enforceable until that time for revocation has passed.] All parties are entering this agreement with their eyes open, and freely and voluntarily, and even though it may not contain every provision either would like, it contains enough that each party is willing to sign it. Many of these matters are described more fully below. b. Consideration for release. Employee acknowledges that one of the main reasons Employer is paying the money to Employee under this agreement, is in return for Employee's promise to give up any claims relating to the past employment. The Employer wants to pay, and under this agreement will pay, Employee an amount of money in addition to any salary, wages, or other amounts that Employee was already entitled under the terms of his or her employment. This release payment amount is described in another part of this agreement. Employee has considered that amount, and agrees that the payment in return for this release, is additional money given in return for releasing all such claims, including age discrimination claims. Employer is counting on this agreement to settle these matters, and is relying on Employee's promise that this agreement will settle all the disputes or complaints Employee has regarding Employer. c. The term "Employee/Releasors" is used in this agreement as a short way to refer to Employee and anyone who might ever claim a right on Employee's behalf-this includes Employee for himself or herself, his or her heirs, relatives by blood and marriage, executors, beneficiaries, administrators, successors, assigns and trustees The term "Employer/Releasees" means Employer, its parent, _________, and all shareholders of _________, its subsidiaries, its related and affiliated companies, its predecessors, successors, and assigns, and each of its and their respective directors, officers, shareholders, underwriters, insurance carriers, agents, servants, and employees, and all persons acting by, through, under or in concert with any of them, in both their official and personal capacities. The parties hereby agree that Employee/Releasors irrevocably, unconditionally and forever discharges Employer/Releasees from any and all actions, causes of action, suits, debts, claims, liabilities and demands of any nature, at law or in equity, that Employee/Releasors has ever had or now has, from the beginning of time to the effective date of this Agreement, by reason of any matter, cause, or thing, whether actual or potential, whether known or unknown, whether suspected or unsuspected, whether specifically mentioned in this agreement or not, which may exist or might be claimed to exist, by reason of any association or relationship among the parties. Here is a specific list of claims meant to be included in the above desription; this list is not meant to limit the general terms of release used above: •. claims arising out of or relating to Employee's employment relationship with Employer or termination from that employment, •. claims arising out of or relating to Employee's stock ownership in _________, •. claims involving any actual, compensatory or punitive damages or continuing or future effects arising out of or resulting from any actions or practices which took place or arose prior to the effective date of this Agreement. Also, the above discharge and release includes, without limitation: •. claims arising from any alleged violation by _________ or any other of the Releasees of any federal, state, or local statutes, regulations, ordinances or common laws including, but not limited to, •. all state and federal securities laws, •. the Age Discrimination in Employment Act of 1967, as amended, •. Title VII of the Civil Rights Act of 1964, as amended, •. the Employee Retirement Income Security Act of 1974, as amended •. _________[list here all perceived claims] under any other federal, state, or municipal laws or regulations; •. and claims for attorneys' fees, legal expenses and/or costs pursuant to any of the foregoing statutes or any other basis.] The foregoing discharge and release further includes, without limitation, •. any claims arising out of or related to an express or implied employment contract or a covenant of good faith and fair dealing, •. any tort claims, •. and any claim arising under the provisions of the False Claims Act, 31 USCA §3730, including, but not limited to, any right to personal gain with respect to any claim asserted under its “qui tam” provisions. d. Covenant not to sue. Employee covenants and agrees never to institute, directly, indirectly, anonymously, or in any other manner, or participate as a party in any action or proceeding (whether judicial, administrative, or otherwise) of any kind whatsoever against Employer or any of the other releasees identified above, relating to anything occurring prior to the signing of this agreement. e. Known and unknown claims included. Employee expressly acknowledges that this is a general release of all known and unknown claims. This means, for example, that even if there are facts that Employee discovers later, or if Employee realizes there is a type of lawsuit he or she had not considered or known about before, Employee will not be able to take back or ignore this release. Employee represents that he or she fully understands the full meaning and import of a general release of all known and unknown claims. f. Voluntary act. Furthermore, Employee and Employer each acknowledge that no one is forcing him, her or it to enter this agreement. No one has made any promises or threats or put Employee or Employer in duress in order to make either of them sign this agreement. g. Legal effect. By Employee's signing this release and giving it to Employer, Employee intends to be legally bound by its terms, of Employee's own free will. h. Exclusions. The parties agree, however, that the release set forth in this agreement is not intended to and does not apply to certain things: It does not apply to any claims for breach of this Agreement. _________[if applicable add: It does not apply to any claim for indemnification of Employee pursuant to Employer's Bylaws; however, the release does apply to any claim for indemnification arising under statute, contract, common law or any basis other than Employer's Bylaws from claims or causes of action against _________ based on or arising out of or in the course of _________'s former employment with _________.] It does not affect Employee's rights or remedies with respect to vested benefits under any employee benefit or welfare plan of which Employee is a participant, instead, Employee shall be treated in accordance with the documents governing those plans regardless of anything in this agreement. i. Disclaimer of physical and emotional injury. Employee is not claiming to have been injured emotionally or physically. Thus, Employee represents and affirms that he or she has not incurred any physical or mental injuries during the course of employment with Employer or arising out of its termination. Employee also represents that he or she has no personal knowledge, information or belief as to the existence of any injury, condition, impairment or disease which would support the basis of a claim for Employer's receipt from Employer of Workers' Compensation benefits, salary continuation benefits, sickness and accident benefits or long term disability benefits. j. Indemnification of Employer. Because Employee is agreeing to release all the claims described above, and thus Employer should not have to think about them any more, Employee here promises to Employer that if anyone affiliated with Employee ever brings a lawsuit or other claim on Employee's behalf based on the matters being released, Employee will pay Employer's expenses to defend or settle the matter, as more fully described here. In other words, Employee hereby agrees to indemnify and hold Employer, and all other releasees identified above, harmless from and against any and all losses, costs, judgments, damages, or expenses, including, without limitation, attorneys' fees, costs, expenses, and/or expert fees or expert witness fees incurred by it or them in defense, should Employer, or his or her attorneys, agents, heirs, relatives, executors, administrators, personal representatives, any future estate(s), or assigns assert any claim or cause of action which has been discharged by virtue of the release set forth above. k. False claims or other wrongdoing. Employee agrees not to encourage or help anyone else to sue or investigate the Employer regarding any prior act or wrongdoing. Plus, Employee doesn't know of any hidden information about any prior wrongdoing by the Employer or its other employees in regard to taking money from the federal government that it is not entitled to. Plus, Employee has not told or complained to anyone else about any such irregularities, or sent them any information. Employee acknowledges that if Employee knew or knows of any such wrongdoing or information, Employer would rather hear about it now. Employee acknowledges that part of the reason that Employer is giving money to Employee in settlement is to pay the Employee for any information the Employee has regarding any alleged false or fraudulent payment requests or contracts that Employer has made regarding the federal government, or any other wrongdoing. The Employee agrees that if Employer contacts Employee later and asks questions about what Employee knows about any possible false claims against the United States government, or even if the government asks the questions, Employee will be helpful and answer all the questions honestly. More generally, all of this means that Employee shall not, directly, indirectly, anonymously, or in any other manner encourage or suggest that anyone or any entity, including the United States, sue or assert any claim against or institute any investigation of Employer and/or any of the other releasees identified above. Employee hereby represents and affirms that he or she has disclosed, directly and formally rather than through "general perceptions," to Employer any information in her possession or of which she is aware concerning any conduct involving Employer and/or any of the other releasees identified above that he or she has and/or another has any reason to believe involves any false claims to the United States or is or may be unlawful in any respect. Employee further represents and affirms that she has not previously disclosed any information in her possession, including documents, or of which she is aware concerning any conduct involving Employer and/or any of the other releasees identified above that Employee has and/or another has any reason to believe involves any false claim to the United States or is or may be unlawful in any respect. Employee further agrees to cooperate fully with Employee relative to any and all internal investigations by Employer and/or external governmental investigations into matters occurring during the period of Employee's former employment with Employer.
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