Common use of Claims Excluded Clause in Contracts

Claims Excluded. Notwithstanding any other provision of this Agreement, this release does not (i) waive or release any Claim for breach or enforcement of this Agreement; (ii) waive or release any right or Claim that may not be waived or released by applicable law; (iii) waive or release any right or Claim that may arise under the ADEA after the date this Agreement is signed by the Individual; (iv) prevent the Individual from pursuing any administrative Claim for unemployment compensation or workers’ compensation benefits; or (v) waive or release any right or Claim the Individual may have for indemnification under that certain Indemnity Agreement with the Company dated August 31, 2021, under any applicable state or other law, or under the bylaws or other governing documents of the Company, or under any insurance policy providing directors’ and officers’ coverage for any lawsuit or claim relating to the period when the Individual was a director, officer, or employee of the Company, REP, RPC, or their affiliates (if any); provided, however, that (A) the Individual’s execution of this Agreement is not a concession or guaranty that the Individual has any such right or Claim to indemnification, (B) this Agreement does not create any additional rights to indemnification, and (C) the Company, REP, RPC, and their affiliates retain any and all defenses it may have to such indemnification or coverage. To the extent any Claim arising under applicable federal or state wage and hour law is not waivable, the Individual assigns any such Claim to the Company, and Individual acknowledges that the Company has no obligation to pursue such Claim unless it desires to do so in its sole discretion.

Claims Excluded. Notwithstanding any other provision of this Agreement, this release does not (i) waive or release any Claim for breach or enforcement of this Agreement; (ii) waive or release any right or Claim that may not be waived or released by applicable law; (iii) waive or release any right or Claim under the ADEA or otherwise that may arise under the ADEA after the date this Agreement is signed by the Individual; (iv) prevent the Individual from pursuing any administrative Claim for unemployment compensation or workers’ compensation benefits; (v) waive or release any Claim related to the accelerated vesting of the Equity Awards as provided for in this Agreement; or (vvi) waive or release any right or Claim the Individual may have for indemnification under that certain Indemnity Agreement with the Company dated August 31, 2021, under any applicable state or other law, law or under the bylaws or other governing documents articles of incorporation of the Company, Company or under any insurance policy providing directors’ and officers’ coverage for any lawsuit or claim Claim relating to the period when the Individual was a director, officer, or employee of the Company, REP, RPC, or their affiliates Company (if any); provided, however, that (A) the Individual’s execution of this Agreement is not a concession or guaranty that the Individual has any such right or Claim to indemnification, (B) this Agreement does not create any additional rights to indemnification, and (C) the Company, REP, RPC, Company and their its affiliates retain any and all defenses it they may have to such indemnification or coverage. To the extent any Claim arising under applicable federal or state wage and hour law is not waivable, the Individual assigns any such Claim to the Company, and Individual acknowledges that the Company has no obligation to pursue such Claim unless it desires to do so in its sole discretion.

Claims Excluded. Notwithstanding any other provision of this Agreement, this release does not (i) waive or release any Claim for breach or enforcement of this Agreement; (ii) waive or release any right or Claim that may not be waived or released by applicable law; (iii) waive or release any right or Claim that may arise under the ADEA after the date this Agreement is signed by the Individual; (iv) prevent the Individual from pursuing any administrative Claim for unemployment compensation or workers’ compensation benefits; or (v) waive or release any right or Claim the Individual may have for indemnification under that certain Indemnity Agreement with the Company REPX dated August 31February 26, 2021, under any applicable state or other law, or under the bylaws or other governing documents of the CompanyREPX, or under any insurance policy providing directors’ and officers’ coverage for any lawsuit or claim relating to the period when the Individual was a director, officer, or employee of the Company, REPREPX, RPC, or their affiliates (if any); provided, however, that (A) the Individual’s execution of this Agreement is not a concession or guaranty that the Individual has any such right or Claim to indemnification, (B) this Agreement does not create any additional rights to indemnification, and (C) the Company, REPREPX, RPC, and their affiliates retain any and all defenses it may have to such indemnification or coverage. To the extent any Claim arising under applicable federal or state wage and hour law is not waivable, the Individual assigns any such Claim to the Company, and Individual acknowledges that the Company has no obligation to pursue such Claim unless it desires to do so in its sole discretion.

Claims Excluded. Notwithstanding any other provision of this Agreement, this release does not not: (i) waive or release any Claim for breach or enforcement of this Agreement or the Continuing Obligations, including the right to retain the Time-Based Vested Restricted Shares and the Performance-Based Vested Restricted Shares in accordance with the terms and conditions of this Agreement; , the Plan, and the Award Agreement; (ii) waive or release any right or Claim that may not be waived or released by applicable law; ; (iii) waive or release any right or Claim under the ADEA or otherwise that may arise under the ADEA after the date this Agreement is signed by the Individual; Executive; (iv) prevent the Individual Executive from pursuing any administrative Claim for unemployment compensation or workers’ compensation benefits; or or (v) waive or release any right or Claim the Individual Executive may have for indemnification under that certain Indemnity Agreement with as part of the Company dated August 31Continuing Obligations (including, 2021without limitation, Section 16(b)(iii) of the Employment Agreement), under any applicable state or other lawlaw or the charter, articles of incorporation, or under by-laws of the bylaws Employer or other governing documents of the Company, or under any insurance policy of the Employer or the Company providing directors’ and officers’ coverage for any lawsuit or claim relating to the period when the Individual Executive was a director, officer, or employee of the Employer or the Company, REP, RPC, or their affiliates (if any); provided, however, that (Ax) the IndividualExecutive’s execution of this Agreement is not a concession or guaranty that the Individual Executive has any such right or Claim to indemnification, (By) this Agreement does not create any additional rights to indemnification, and (Cz) the Company, REP, RPC, Employer and their affiliates the Company retain any and all defenses it they may have to such indemnification or coverage. To the extent any Claim arising under applicable federal or state wage and hour law is not waivable, the Individual assigns any such Claim to the Company, and Individual acknowledges that the Company has no obligation to pursue such Claim unless it desires to do so in its sole discretion.

Claims Excluded. Notwithstanding any other provision of this Agreement, this release does not (i) waive or release any Claim for breach or enforcement of this Agreement or the Continuing Obligations, including the right to retain the Time-Based Vested Restricted Shares and the Performance-Based Vested Restricted Shares in accordance with the terms and conditions of this Agreement, the Plan, and the Award Agreement; (ii) waive or release any right or Claim that may not be waived or released by applicable law; (iii) waive or release any right or Claim under the ADEA or otherwise that may arise under the ADEA after the date this Agreement is signed by the Individual; (iv) prevent the Individual from pursuing any administrative Claim for unemployment compensation or workers’ compensation benefits; or (v) waive or release any right or Claim the Individual may have for indemnification under that certain Indemnity Agreement with the Company dated August 31, 2021, under any applicable state or other lawlaw or the charter, articles of incorporation, or under the bylaws or other governing documents by-laws of the CompanyCompany or CEI, or under any insurance policy of the Company or CEI providing directors’ and officers’ coverage for any lawsuit or claim relating to the period when the Individual was a director, officer, or employee of the Company, REP, RPC, Company or their affiliates (if any)CEI; provided, however, that (Ai) the Individual’s execution of this Agreement is not a concession or guaranty that the Individual has any such right or Claim to indemnification, (Bii) this Agreement does not create any additional rights to indemnification, and (Ciii) the Company, REP, RPC, Company and their affiliates CEI retain any and all defenses it they may have to such indemnification or coverage. To the extent any Claim arising under applicable federal or state wage and hour law is not waivable, the Individual assigns any such Claim to the Company, and Individual acknowledges that the Company has no obligation to pursue such Claim unless it desires to do so in its sole discretion.