Common use of Employee’s Release of Claims Clause in Contracts

Employee’s Release of Claims. 2.1 Except for the obligations created by this Agreement, Employee hereby irrevocably and unconditionally releases and forever discharges Employer and all of its past, present and future parents, subsidiaries and affiliates and their employees, officers, directors, agents, insurers and legal counsel (collectively, the “Employer Parties”) from any and all claims, demands, causes of action and liabilities of any nature, both past and present, known and unknown, resulting from any act or omission of any kind occurring on or before the date of execution of this Agreement which arise under contract or common law or under any federal, state or local law, regulation or ordinance. Employee understands and agrees that this release of claims includes, but is not limited to, the following: all claims, demands, causes of action and liabilities for past or future loss of pay, wages, commissions, bonuses, paid time off or benefits, expenses, damages for pain and suffering, punitive damages, compensatory damages, attorneys’ fees, interest, court costs, physical or mental injury, damage to reputation and any other injury, loss, damage or expense or equitable remedy of any kind whatsoever. 2.2 Employee additionally hereby irrevocably and unconditionally releases and forever discharges the Employer Parties from any and all claims, demands, causes of action and liabilities arising out of or in any way connected with, directly or indirectly, Employee’s hiring, employment with Employer, severance of employment with Employer, or any incident related thereto, including, without limitation, Employee’s treatment by Employer or any other person and the terms and conditions of Employee’s employment. 2.3 This release covers both claims that Employee knows about and those that Employee may not know about. Employee expressly waives all rights afforded by any statute which limits the effect of a release with respect to unknown claims. Employee understands the significance of Employee’s release of unknown claims and Employee’s waiver of statutory protection against a release of unknown claims, including, without limitation, claims otherwise protected under California Civil Code Section 1542 (“Section 1542”) or any other applicable similar state or federal law. Section 1542 provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Employee’s Release of Claims. 2.1 Except for the obligations created by 4.1 Employee affirms that Employee has not filed, caused to be filed, and/or is not presently a party to any claim, complaint, or action against Company in any forum or form. As a material term of this Agreement, Employee attests that Employee has given Company written notice of any and all concerns Employee may have regarding suspected ethical or compliance issues or violations on the part of Company or any of Company employees. In addition, Employee affirms that as of the Separation Date, subject to Section 1.2, Employee has reported all hours worked, if applicable, and has been paid for and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled other than the payments provided for herein. Employee furthermore affirms that Employee has no known workplace injuries or occupational diseases. 4.2 Employee hereby irrevocably and unconditionally releases and forever discharges Employer and all of its past, present and future parents, subsidiaries and affiliates and their employees, officers, directors, agents, insurers and legal counsel (collectively, the “Employer Parties”) Company from any and all claims, demands, causes of action action, and liabilities of any nature, both past and present, known and unknown, resulting from any act or omission of any kind occurring on or before the date of execution of this Agreement which arise under contract or common law law, or under any federal, state or local law, regulation or ordinance. Employee understands and agrees that this Employee’s release of claims includes, but is not limited to, the following: all claims, demands, causes of action and liabilities for past or future loss of pay, wages, commissions, bonuses, paid time off pay or benefits, expenses, damages for pain and suffering, punitive damages, compensatory damages, attorneys’ attorney’s fees, interest, court costs, physical or mental injury, damage to reputation reputation, and any other injury, loss, damage or expense or equitable remedy of any kind whatsoever. 2.2 4.3 Employee additionally hereby irrevocably and unconditionally releases and forever discharges the Employer Parties Company from any and all claims, demands, causes of action and liabilities arising out of or in any way connected with, directly or indirectly, Employee’s hiring, employment with Employer, severance of employment with Employer, Company or any incident related theretothereof, including, without limitation, Employee’s treatment by Employer Company or any other person and person, the terms and conditions of Employee’s employment, and any and all possible local, state or federal statutory and/or common law claims, including but not limited to: (a) All claims which Employee might have arising under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; The Civil Rights Act, 42 U.S.C. § 1981 and § 1988; Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001, et seq.; Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101, et seq.; The Family and Medical Leave Act of 1993, as amended, 29 U.S.C. § 2601, et seq.; The Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; The Older Worker Benefit Protection Act of 1990; The Immigration Reform and Control Act, as amended; The Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2101 et seq.; and/or, The Occupational Safety and Health Act, as amended; 2.3 This release covers both (b) All contractual claims that Employee knows about and those that Employee may not know about. Employee expressly waives all rights afforded by for any statute which limits the effect of wages or other employment benefits owed as a release with respect to unknown claims. Employee understands the significance result of Employee’s release separation from Company; (c) All claims arising under the Civil Rights Act of unknown claims and 1991, 42 U.S.C. § 1981a; and (d) All other claims, whether based on contract, tort (personal injury), or statute, arising from Employee’s waiver employment, the separation from that employment, or any investigation and/or interview conducted by or on behalf of statutory protection Company. 4.4 Employee does not waive rights or claims which cannot be waived by law, including, but not limited to the right to file a Charge with the Equal Employment Opportunity Commission (“EEOC”), or its local or state equivalent, or to participate in an agency investigation, although Employee does waive any right to monetary recovery should the EEOC or other local, state or federal administrative or governmental agency pursue claims against a release Company on Employee’s behalf. 4.5 Employee does not waive rights or claims to enforce Employee’s rights under this Agreement, the Employment Agreement, to the extent such rights survive termination of unknown claimsemployment and not superseded herein, or that arise following the execution of this Agreement. 4.6 Employee does not waive rights or claims for existing indemnification rights to which Employee is entitled, including, without limitation, claims otherwise protected as provided under California Civil Code Section 1542 (“Section 1542”) or any other applicable similar state or federal law. Section 1542 provides: “A general release does not extend to claims which 14 of the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtorEmployment Agreement.”

Employee’s Release of Claims. 2.1 Except for the obligations created by 4.1 Employee affirms that he has not filed, caused to be filed, and/or is not presently a party to any claim, complaint, or action against Company in any forum or form. As a material term of this Agreement, Employee attests that he has given the Company written notice of any and all concerns he may have regarding suspected ethical or compliance issues or violations on the part of the Company or any of the Company employees. In addition, Employee affirms that as of the Termination Date, subject to Section 1.2 and 1.3, he has been paid for and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which he may be entitled. Employee furthermore affirms that he has no known workplace injuries or occupational diseases. 4.2 Employee hereby irrevocably and unconditionally releases and forever discharges Employer and all of its past, present and future parents, subsidiaries and affiliates and their employees, officers, directors, agents, insurers and legal counsel (collectively, the “Employer Parties”) Company from any and all claims, demands, causes of action action, and liabilities of any nature, both past and present, known and unknown, resulting from any act or omission of any kind occurring on or before the date of execution of this Agreement which arise under contract or common law law, or under any federal, state or local law, regulation or ordinance. Employee understands and agrees that this Employee’s release of claims includes, but is not limited to, the following: all claims, demands, causes of action and liabilities for past or future loss of pay, wages, commissions, bonuses, paid time off pay or benefits, expenses, damages for pain and suffering, punitive damages, compensatory damages, attorneys’ attorney’s fees, interest, court costs, physical or mental injury, damage to reputation reputation, and any other injury, loss, damage or expense or equitable remedy of any kind whatsoever. 2.2 4.3 Employee additionally hereby irrevocably and unconditionally releases and forever discharges the Employer Parties Company from any and all claims, demands, causes of action and liabilities arising out of or in any way connected with, directly or indirectly, Employee’s hiring, employment with Employer, severance of employment with Employer, Company or any incident related theretothereof, including, without limitation, Employee’s his treatment by Employer Company or any other person and person, the terms and conditions of his employment, and any and all possible local, state or federal statutory and/or common law claims, including but not limited to: (a.) All claims which he might have arising under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; The Civil Rights Act, 42 U.S.C. § 1981 and § 1988; Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001, et seq.; Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101, et seq.; The Family and Medical Leave Act of 1993, as amended, 29 U.S.C. § 2601, et seq.; The Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; The Older Worker Benefit Protection Act of 1990; The Immigration Reform and Control Act, as amended; The Occupational Safety and Health Act, as amended; and/or the Clear Channel Communications, Inc. Severance Pay Plan for Domestic Corporate, Outdoor and Radio Division Employees; (b.) All contractual claims for any wages or other employment benefits owed as a result of Employee’s separation from Company other than claims under this Agreement; (c.) All claims arising under the Civil Rights Act of 1991, 42 U.S.C. § 1981a; and, (d.) All other claims, whether based on contract, tort (personal injury), or statute, arising from Employee’s employment, the separation from that employment, or any investigation and/or interview conducted by or on behalf of Company. 2.3 This release covers both 4.4 Employee does not waive rights or claims that Employee knows about and those that Employee may which cannot know about. Employee expressly waives all rights afforded be waived by any statute which limits the effect of a release with respect to unknown claims. Employee understands the significance of Employee’s release of unknown claims and Employee’s waiver of statutory protection against a release of unknown claimslaw, including, without limitation, claims otherwise protected under California Civil Code Section 1542 but not limited to the right to file a Charge with the Equal Employment Opportunity Commission (“Section 1542EEOC”) ), or its local or state equivalent, or to participate in an agency investigation, although Employee does waive any right to monetary recovery should the EEOC or other applicable similar local, state or federal lawadministrative or governmental agency pursue claims against the Company on Employee’s behalf. 4.5 The Parties agree that fifty percent (50%) of the Restricted Stock Units (“RSUs”) granted pursuant to the CCOH 2005 Stock Incentive Plan, As Amended and Restated, Incentive Restricted Stock Unit Award Agreement, effective as of December 10, 2009, (“CCOH Restricted Stock Agreement”) have vested and that no other RSUs have vested or will vest. Section 1542 provides: Employee acknowledges and agrees that automatically and immediately upon the Termination Date, all outstanding and unvested RSUs granted pursuant to the CCOH Restricted Stock Agreement shall terminate. 4.6 The parties agree that fifty percent (50%) of the options granted pursuant to the CCOH 2005 Stock Incentive Plan, As Amended and Restated, Incentive Stock Option Agreement, (“A general release CCOH Stock Option Agreement”) effective as of December 10, 2009, and Sixteen Thousand Six Hundred Sixty-Six (16,666) of the CCO Options granted pursuant to the CCOH Stock Option Agreement, effective as of December 10, 2010, have vested and that no other options have vested or will vest. Employee acknowledges and agrees that automatically and immediately upon the Termination Date, all outstanding and unvested options granted pursuant to any CCOH Stock Option Agreement shall terminate, and the vested portion of options granted pursuant to the CCOH Stock Option Agreement shall be exercisable for ninety (90) days from the Termination Date. 4.7 The parties agree that fifty percent (50%) of the options granted pursuant to the CC Media Holdings, Inc. Incentive Stock Option Agreement, effective as of December 10, 2009, (“CCMH Stock Option Agreement”) have vested and that no other options have vested or will vest. Employee acknowledges and agrees that automatically and immediately upon the Termination Date, all outstanding and unvested options granted pursuant to CCMH Stock Option Agreement shall terminate, and the vested portion of options granted pursuant to the CCMH Stock Option Agreement shall be exercisable for ninety (90) days from the Termination Date. 4.8 Employee does not extend to waive rights or claims which that arise following the creditor does not know or suspect to exist in his or her favor at the time execution of executing the release, which if known by him or her must have materially affected his or her settlement with the debtorthis Agreement.”

Employee’s Release of Claims. 2.1 Except for the obligations created by 3.1 Employee affirms that Employee has not filed, caused to be filed, and/or is not presently a party to any claim, complaint, or action against Company in any forum or form. As a material term of this Agreement, Employee attests that Employee has given Company written notice of any and all concerns Employee may have regarding suspected ethical or compliance issues or violations on the part of Company or any of Company employees. In addition, Employee affirms that as of the Separation Date, subject to Section 1.2, Employee has reported all hours worked, if applicable, and has been paid for and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled. Employee furthermore affirms that Employee has no known workplace injuries or occupational diseases. 3.2 Employee hereby irrevocably and unconditionally releases and forever discharges Employer and all of its past, present and future parents, subsidiaries and affiliates and their employees, officers, directors, agents, insurers and legal counsel (collectively, the “Employer Parties”) Company from any and all claims, demands, causes of action action, and liabilities of any nature, both past and present, known and unknown, resulting from any act or omission of any kind occurring on or before the date of execution of this Agreement which arise under contract or common law law, or under any federal, state or local law, regulation or ordinance. Employee understands and agrees that this Employee’s release of claims includes, but is not limited to, the following: all claims, demands, causes of action and liabilities for past or future loss of pay, wages, commissions, bonuses, paid time off pay or benefits, expenses, damages for pain and suffering, punitive damages, compensatory damages, attorneys’ attorney's fees, interest, court costs, physical or mental injury, damage to reputation reputation, and any other injury, loss, damage or expense or equitable remedy of any kind whatsoever. 2.2 3.3 Employee additionally hereby irrevocably and unconditionally releases and forever discharges the Employer Parties Company from any and all claims, demands, causes of action and liabilities arising out of or in any way connected with, directly or indirectly, Employee’s hiring, 's employment with Employer, severance of employment with Employer, Company or any incident related theretothereof, including, without limitation, Employee’s treatment by Employer Company or any other person and person, the terms and conditions of Employee’s employment, and any and all possible local, state or federal statutory and/or common law claims, including but not limited to: (a) All claims which Employee might have arising under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; The Civil Rights Act, 42 U.S.C. § 1981 and § 1988; Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001, et seq.; Americans with Dis­abilities Act of 1990, as amended, 42 U.S.C. § 12101, et seq.; The Family and Medical Leave Act of 1993, as amended, 29 U.S.C. § 2601, et seq.; The Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; The Older Worker Benefit Protection Act of 1990; The Immigration Reform and Control Act, as amended; The Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2101 et seq.; and/or, The Occupational Safety and Health Act, as amended; (b) All contractual claims for any wages or other employment benefits owed as a result of Employee's separation from Company; (c) All claims arising under the Civil Rights Act of 1991, 42 U.S.C. § 1981a; and, (d) All other claims, whether based on contract, tort (personal injury), or statute, arising from Em­ployee's employ­ment, the separation from that employment, or any investigation and/or interview conducted by or on behalf of Company. 2.3 3.4 Employee does not waive rights or claims which cannot be waived by law, including, but not limited to the right to file a Charge with the Equal Employment Opportunity Commission (“EEOC”), or its local or state equivalent, or to participate in an agency investigation, although Employee does waive any right to monetary recovery should the EEOC or other local, state or federal administrative or governmental agency pursue claims against the Company on Employee’s behalf. 3.5 This release covers both shall not extend to any claims that Employee knows about relate to: (i) claims for indemnification, payment of legal fees, and those that Employee may not know about. Employee expressly waives all directors and officers liability insurance under Section 15 of the Employment Agreement; (ii) any vested or accrued benefits or rights afforded under any employee benefit plan, policy or program maintained by the Company or any statute which limits incentive plan, award or arrangement of the effect Company and any other benefit plans, policies or programs granted or modified pursuant to the terms of a release with respect to unknown claims. Employee understands the significance of Employee’s release of unknown claims and Employee’s waiver of statutory protection against a release of unknown claims, Employment Agreement (including, without limitation, claims otherwise protected under California Civil Code Section 1542 any equity compensation awards); (“Section 1542”iii) any rights to vested equity; or (iv) any other applicable similar state terms of the Employment Agreement that survive by their terms, organizational documents, plans, agreements, or federal at law. Section 1542 provides: “A general release . 3.6 Employee does not extend to waive rights or claims which that arise following the creditor does not know or suspect to exist in his or her favor at the time execution of executing the release, which if known by him or her must have materially affected his or her settlement with the debtorthis Agreement.”

Employee’s Release of Claims. 2.1 Except for the obligations created by 3.1 Employee affirms that Employee has not filed, caused to be filed, and/or is not presently a party to any claim, complaint, or action against Company in any forum or form. As a material term of this Agreement, Employee attests that Employee has given Company written notice of any and all concerns Employee may have regarding suspected ethical or compliance issues or violations on the part of Company or any of Company employees. In addition, Employee affirms that as of the Separation Date, subject to Sections 1.2 and 2.1, Employee has reported all hours worked, if applicable, and has been paid for and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled. Employee furthermore affirms that Employee has no known workplace injuries or occupational diseases. 3.2 Employee hereby irrevocably and unconditionally releases and forever discharges Employer and all of its past, present and future parents, subsidiaries and affiliates and their employees, officers, directors, agents, insurers and legal counsel (collectively, the “Employer Parties”) Company from any and all claims, demands, causes of action action, and liabilities of any nature, both past and present, known and unknown, resulting from any act or omission of any kind occurring on or before the date of execution of this Agreement which arise under contract or common law law, or under any federal, state or local law, regulation or ordinance. Employee understands and agrees that this Employee’s release of claims includes, but is not limited to, the following: all claims, demands, causes of action and liabilities for past or future loss of pay, wages, commissions, bonuses, paid time off pay or benefits, expenses, damages for pain and suffering, punitive damages, compensatory damages, attorneys’ attorney’s fees, interest, court costs, physical or mental injury, damage to reputation reputation, and any other injury, loss, damage or expense or equitable remedy of any kind whatsoever. 2.2 3.3 Employee additionally hereby irrevocably and unconditionally releases and forever discharges the Employer Parties Company from any and all claims, demands, causes of action and liabilities arising out of or in any way connected with, directly or indirectly, Employee’s hiring, employment with Employer, severance of employment with Employer, Company or any incident related theretothereof, including, without limitation, Employee’s treatment by Employer Company or any other person and person, the terms and conditions of Employee’s employment, and any and all possible local, state or federal statutory and/or common law claims, including but not limited to: (a) All claims which Employee might have arising under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; The Civil Rights Act, 42 U.S.C. § 1981 and § 1988; Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001, et seq.; Americans with Dis­abilities Act of 1990, as amended, 42 U.S.C. § 12101, et seq.; The Family and Medical Leave Act of 1993, as amended, 29 U.S.C. § 2601, et seq.; The Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; The Older Worker Benefit Protection Act of 1990; The Immigration Reform and Control Act, as amended; The Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2101 et seq.; and/or, The Occupational Safety and Health Act, as amended; 2.3 This release covers both (b) All contractual claims that Employee knows about and those that Employee may not know about. Employee expressly waives all rights afforded by for any statute which limits the effect of wages or other employment benefits owed as a release with respect to unknown claims. Employee understands the significance result of Employee’s release separation from Company; (c) All claims arising under the Civil Rights Act of unknown 1991, 42 U.S.C. § 1981a; and, (d) All other claims, whether based on contract, tort (personal injury), or statute, arising from Em­ployee’s employ­ment, the separation from that employment, or any investigation and/or interview conducted by or on behalf of Company. 3.4 Employee does not waive rights or claims and Employee’s waiver of statutory protection against a release of unknown claimswhich cannot be waived by law, including, without limitation, claims otherwise protected under California Civil Code Section 1542 but not limited to the right to file a Charge with the Equal Employment Opportunity Commission (“Section 1542EEOC”) ), or its local or state equivalent, or to participate in an agency investigation, although Employee does waive any right to monetary recovery should the EEOC or other applicable similar local, state or federal law. Section 1542 provides: “A general release administrative or governmental agency pursue claims against the Company on Employee’s behalf. 3.5 Employee does not extend to waive rights or claims which that arise following the creditor does not know or suspect to exist in his or her favor at the time execution of executing the release, which if known by him or her must have materially affected his or her settlement with the debtorthis Agreement.”

Employee’s Release of Claims. 2.1 Except for the obligations created by 3.1 Employee affirms that Employee has not filed, caused to be filed, and/or is not presently a party to any claim, complaint, or action against Company in any forum or form. As a material term of this Agreement, Employee attests that Employee has given Company written notice of any and all concerns Employee may have regarding suspected ethical or compliance issues or violations on the part of Company or any of Company employees. In addition, Employee affirms that as of the Separation Date, subject to Section 1.2, Employee has reported all hours worked, if applicable, and has been paid for and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled. Employee furthermore affirms that Employee has no known workplace injuries or occupational diseases. 3.2 Employee hereby irrevocably and unconditionally releases and forever discharges Employer and all of its past, present and future parents, subsidiaries and affiliates and their employees, officers, directors, agents, insurers and legal counsel (collectively, the “Employer Parties”) Company from any and all claims, demands, causes of action action, and liabilities of any nature, both past and present, known and unknown, resulting from any act or omission of any kind occurring on or before the date of execution of this Agreement which arise under contract or common law law, or under any federal, state or local law, regulation or ordinance. Employee understands and agrees that this Employee’s release of claims includes, but is not limited to, the following: all claims, demands, causes of action and liabilities for past or future loss of pay, wages, commissions, bonuses, paid time off pay or benefits, expenses, damages for pain and suffering, punitive damages, compensatory damages, attorneys’ attorney’s fees, interest, court costs, physical or mental injury, damage to reputation reputation, and any other injury, loss, damage or expense or equitable remedy of any kind whatsoever. 2.2 3.3 Employee additionally hereby irrevocably and unconditionally releases and forever discharges the Employer Parties Company from any and all claims, demands, causes of action and liabilities arising out of or in any way connected with, directly or indirectly, Employee’s hiring, employment with Employer, severance of employment with Employer, Company or any incident related theretothereof, including, without limitation, Employee’s treatment by Employer Company or any other person and person, the terms and conditions of Employee’s employment, and any and all possible local, state or federal statutory and/or common law claims, including but not limited to: (a) All claims which Employee might have arising under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; The Civil Rights Act, 42 U.S.C. § 1981 and § 1988; Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001, et seq.; Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101, et seq.; The Family and Medical Leave Act of 1993, as amended, 29 U.S.C. § 2601, et seq.; The Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; The Older Worker Benefit Protection Act of 1990; The Immigration Reform and Control Act, as amended; The Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2101 et seq.; and/or, The Occupational Safety and Health Act, as amended; 2.3 This release covers both (b) All contractual claims that Employee knows about and those that Employee may not know about. Employee expressly waives all rights afforded by for any statute which limits the effect of wages or other employment benefits owed as a release with respect to unknown claims. Employee understands the significance result of Employee’s release separation from Company; (c) All claims arising under the Civil Rights Act of unknown claims and 1991, 42 U.S.C. § 1981a; and, (d) All other claims, whether based on contract, tort (personal injury), or statute, arising from Employee’s waiver employment, the separation from that employment, or any investigation and/or interview conducted by or on behalf of statutory protection Company. 3.4 Employee does not waive rights or claims which cannot be waived by law, including, but not limited to the right to file a Charge with the Equal Employment Opportunity Commission (“EEOC”), or its local or state equivalent, or to participate in an agency investigation, although Employee does waive any right to monetary recovery should the EEOC or other local, state or federal administrative or governmental agency pursue claims against a the Company on Employee’s behalf. 3.5 This release shall not extend to any claims that relate to: (i) claims for indemnification, payment of unknown claimslegal fees, and directors and officers liability insurance under Section 15 of the Employment Agreement; (ii) any vested or accrued benefits or rights under any employee benefit plan, policy or program maintained by the Company or any incentive plan, award or arrangement of the Company and any other benefit plans, policies or programs granted or modified pursuant to the terms of the Employment Agreement (including, without limitation, claims otherwise protected under California Civil Code Section 1542 any equity compensation awards); (“Section 1542”iii) any rights to vested equity; or (iv) any other applicable similar state terms of the Employment Agreement that survive by their terms, organizational documents, plans, agreements, or federal at law. Section 1542 provides: “A general release . 3.6 Employee does not extend to waive rights or claims which that arise following the creditor does not know or suspect to exist in his or her favor at the time execution of executing the release, which if known by him or her must have materially affected his or her settlement with the debtorthis Agreement.”