Claims Excluded from Release. The following claims are specifically reserved and not released by CARB in this Agreement: (i) any liability based upon obligations of CLC created by this Agreement; (ii) any liability of any person or entity other than the CLC Released Persons; and (iii) any liability to CARB for any claims not released above.
Claims Excluded from Release. Nothing in this Settlement Agreement is intended to limit, reduce or affect whatever rights any member of the Class may have to seek damages or other relief in the Action or elsewhere from any person or entity other than KEMET or any Releasee, as that term is defined herein, to the fullest extent allowed by law. This Settlement Agreement does not settle or compromise any claim by any member of the Class asserted in the Action against any Defendant other than KEMET. KEMET’s sales to the Class shall not be removed from the Action for purposes of the Class asserting joint and several liability or any derivative liability against any Defendants that remain in the Action.
Claims Excluded from Release. The following claims are specifically reserved and not released by the Attorney General in this Agreement: (i) any liability based upon obligations created by this Agreement; (ii) any liability of any person or entity other than the GM Released Persons; and (iii) any liability to the State of California (or its departments or agencies) for any claims not released above.
Claims Excluded from Release. Notwithstanding the above, the Parties agree that the Parties’ respective release of claims shall not include any of the following claims or rights:
(i) Claims a Company Released Party may have relating to or arising out of any illegal conduct, fraud or breach of fiduciary duty by the Executive or any action(s) from a government agency arising from or relating to the Executive’s actions or inactions, but only to the extent that such claims are not eligible for coverage under the Indemnification Agreement (as defined below).
(ii) Vested benefits the Executive may have under any employee benefit plan subject to ERISA and any rights the Executive may have under the Award Agreements.
(iii) Any indemnification rights the Executive may have under the Company’s by-laws, applicable insurance or any other written agreement between the Parties.
(iv) Any claim which may not be waived by applicable law.
(v) The Parties’ obligations under this Agreement.
(vi) Any claims arising after the date this Agreement is executed by the Parties.
(vii) Any claim which the Executive may have solely as a stockholder of the Company.
Claims Excluded from Release. This Settlement Agreement does not settle or compromise any claim by any Settlement Class Member asserted in the Complaint against any Defendant other than the Settling Defendants.
Claims Excluded from Release. Notwithstanding the foregoing, the releases provided herein shall not release claims of Persons that are outside the Class; claims not arising from the purchase of, payment for or reimbursement for generic enoxaparin or Lovenox®; claims against Defendant for product liability, breach of contract, or personal injury; or claims to enforce the terms of this Agreement.
Claims Excluded from Release. Notwithstanding the above, the Parties agree that the Parties’ respective release of claims and covenant not to sue shall not include any of the following claims or rights:
(i) Vested benefits the Executive may have under any employee benefit plan subject to ERISA and any rights (whether vested as of the Effective Date or that become vested hereafter) the Executive may have under the Award Agreements.
(ii) Any indemnification rights or rights to claims under director and officer insurance Executive may have under each Company’s by-laws, applicable insurance, this Agreement or any other written agreement between the Parties.
(iii) Any claim which may not be waived by applicable law.
(iv) The Parties’ obligations (including representations) under this Agreement.
(v) Any claims arising after the date this Agreement is executed by the respective Party.
(vi) Any claim which the Executive, as of the date of signing this Agreement, may have solely as a stockholder of the FFG. The Executive is presently unaware of any facts or circumstances that would support a claim by the Executive as a stockholder.
(vii) Claims a Company Releasing Party may have against the Executive based on fraud, theft, or diversion of Companies’ assets or funds for non-Company purposes. The Board and senior management of the Companies are presently unaware of any facts or circumstances that would support a claim by the Companies against the Executive based upon fraud, theft, or diversion of assets or funds for non-Company purposes.
Claims Excluded from Release. Notwithstanding the foregoing, the releases 20 provided herein shall not release claims against TOKIN for product liability, breach of contract, 21 breach of warranty or personal injury, or any other claim unrelated to the allegations in the Actions.
Claims Excluded from Release. Notwithstanding the foregoing, the releases provided herein shall not release claims against NEC TOKIN for product liability, breach of contract, breach of warranty or personal injury, or any other claim unrelated to the allegations in the Actions of restraint of competition or unfair competition with respect to Capacitors. Additionally, the releases provided herein shall not release any claims to enforce the terms of this Settlement Agreement.
Claims Excluded from Release. Notwithstanding the foregoing, the releases provided herein shall not release claims against Taitsu for product liability, breach of contract, breach of warranty or personal injury, or any other claim unrelated to the allegations in the Action of restraint of competition or unfair competition with respect to Capacitors. Additionally, the releases provided herein shall not release any claims to enforce the terms of this Settlement Agreement.
