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

Employee’s Release of Claims. In exchange for the consideration provided to Employee pursuant to Paragraph 3 of the Separation Agreement, which Employee acknowledges is fair and sufficient and exceeds any payment, benefit, or other thing of value to which Employee might otherwise be entitled, Employee hereby agrees, represents, and warrants as follows: (a) Employee, on behalf of himself and all of his heirs, executors, administrators, successors, and assigns (collectively, “Releasors”), hereby releases and forever waives and discharges any and all claims, liabilities, causes of action, demands, charges, complaints, suits, rights, costs, debts, expenses, promises, agreements, or damages of any kind or nature (collectively, “Claims”) that Employee or any of the other Releasors ever had, now has, or might have against the Company (together with the foregoing’s respective subsidiaries and any entities under common control with the foregoing, the “Company Entities”), and each of the Company Entities’ respective officers, members, directors, partners, employees, affiliates, agents, investors, and representatives (collectively “Releasees”), arising at any time prior to and including the date Employee executes this Post-Employment Release, whether such Claims are known or unknown to Employee, whether such Claims are accrued or contingent, including, but not limited to, (i) Claims arising out of, or which might be considered to arise out of or to be connected in any way with, Employee’s employment or other relationship with the Company Entities, or the termination of such employment or other relationship; (ii) Claims under any contract, agreement, or understanding Employee may have with any of the Releasees, written or oral, express or implied, at any time prior to the date Employee executes this Post-Employment Release (including, but not limited to, Claims under the Employment Agreement); (iii) Claims arising under any federal, state, foreign, or local law, rule, constitution, ordinance, or public policy, including, without limitation, (A) Claims arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, the Civil Rights Act of 1991, the Americans With Disabilities Act, the Age Discrimination in Employment Act of 1967 (“ADEA”) (29 U.S.C. § 626, as amended), the Older Workers Benefit Protection Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Employee Retirement Income Security Act of 1974, the Vietnam Era Veterans Readjustment Act of 1974, the Immigration Reform and Control Act of 1974, the Labor Management Relations Act, the National Labor Relations Act, the Occupational Safety and Health Act, the Rehabilitation Act of 1973, the Uniformed Services Employment and Reemployment Rights Act, the Worker Adjustment and Retraining Notification Act, the Xxxxxxxx-Xxxxx Act of 2002, the Internal Revenue Code of 1986, the Delaware or Virginia Discrimination Laws, the Virginia Fair Employment and Housing Act (as amended), all as amended, and/or any other federal, state, foreign, or local labor law, wage and hour and wage payment law, employee relations and/or fair employment practices law, or public policy; (B) Claims arising in tort, including, but not limited to, Claims for misrepresentation, defamation, libel, slander, invasion of privacy, conversion, replevin, false light, tortious interference with contract or economic advantage or business relations, negligence, fraud, fraudulent inducement, quantum meruit, promissory estoppel, prima facie tort, restitution, or the like; and (C) Claims for Compensation, other monetary or equitable relief, attorneys’ or experts’ fees or costs, forum fees or costs, or any tangible or intangible property of Employee’s that remains with any of the Releasees; and (iv) Claims arising under any other applicable law, regulation, rule, policy, practice, promise, understanding, or legal or equitable theory whatsoever. Employee specifically intends this release to be the broadest possible release permitted under law. Notwithstanding the foregoing, Employee shall not be deemed to have released (A) any Claims which arise after the date Employee executes this Post-Employment Release; (B) any obligations undertaken by the Company within the Separation Agreement or this Post-Employment Release, or Claims Employee may have arising from or related to a breach of the Separation Agreement or this Post-Employment Release by the Company; (C) any vested benefits under any employee benefit plan (in accordance with the books and records of such plan, and subject to the terms and conditions of the applicable governing plan documents); (D) any rights to indemnification under any agreement between Employee and the Company Entities (including the Employment Agreement), under the governing or formation documents of the Company Entities, or under any applicable law or insurance policy (subject to the terms and conditions of such agreement, document, law or policy), which, for the avoidance of doubt, include rights to advancements for litigation-related expenses that may be incurred by Employee, including expenses of legal counsel selected and retained by Employee; and (E) any Claim or rights which cannot be waived by law. (b) Except as set forth in Paragraph 8(b) of the Separation Agreement and/or with respect to Claims not waived, and rights retained, by Employee pursuant to the Separation Agreement or this Post-Employment Release, Employee represents and warrants that he has never commenced or filed, or caused to be commenced or filed, any lawsuit or arbitration against any of the Releasees. Except as set forth in Paragraph 8(b) of the Separation Agreement and/or with respect to Claims not waived, and rights retained, by Employee pursuant to the Separation Agreement or this Post-Employment Release, Employee further agrees not to directly or indirectly commence, file, or in any way pursue, or cause or assist any person or entity to commence, file, or in any way pursue, any lawsuit or arbitration against any of the Releasees in the future. For the avoidance of doubt, nothing in the Separation Agreement, this Post-Employment Release, the Employment Agreement, any other agreement between Employee and the Company, or any Company policy shall prevent Employee from filing a charge with the EEOC or any other government or self-regulatory agency, or from participating in any EEOC or other agency investigation; provided that Employee may not receive any relief (including, but not limited to, reinstatement, back pay, front pay, damages, attorneys’ or experts’ fees, costs, or disbursements) from any Releasee as a consequence of any such charge or litigation arising out of such a charge.

Employee’s Release of Claims. In exchange for the consideration Except as otherwise expressly provided to Employee pursuant to Paragraph 3 of the Separation Agreementherein, which Employee acknowledges is fair and sufficient and exceeds any payment, benefit, or other thing of value to which Employee might otherwise be entitled, Employee hereby agrees, represents, and warrants as follows: (a) Employee, on behalf of himself himself, and all of anyone who may now or later have the right to sue xxx or through him, his descendants, heirs, executors, administrators, successorsand assigns, promises never to sue, xxd fully and forever releases and discharges the Company, its parents, subsidiaries, affiliates, successors and assigns, together with its and their past and present directors, officers, agents, attorneys, insurers, employees, stockholders, and assigns any employee benefit plans established or maintained by any such entities, together with their fiduciaries and agents (collectively, “Releasors”the "Released Parties"), hereby releases and forever waives and discharges from any and all claims, liabilities, causes of action, demands, chargesobligations, complaints, suits, rights, costs, debts, expenses, promises, agreementsdamages, or damages liabilities of any kind whatsoever, at law, in equity, or nature (collectivelyotherwise, “Claims”) that whether now known or unknown, suspected or unsuspected, which Employee now owns or holds, or has ever owned or held, against the Released Parties. 1. The claims released include all claims arising out of or in any way connected with Employee's employment with the Company, Employee's termination from the Company, or any other contracts, transactions, occurrences, acts, or omissions, or any losses, damage, or injury whatsoever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of any of the other Releasors ever hadReleased Parties, now has, committed or might have against the Company (together with the foregoing’s respective subsidiaries and any entities under common control with the foregoing, the “Company Entities”), and each of the Company Entities’ respective officers, members, directors, partners, employees, affiliates, agents, investors, and representatives (collectively “Releasees”), arising at any time prior to and including the date Employee executes this Post-Employment Release, whether such Claims are known or unknown to Employee, whether such Claims are accrued or contingent, including, but not limited to, (i) Claims arising out of, or which might be considered to arise out of or to be connected in any way with, Employee’s employment or other relationship with the Company Entities, or the termination of such employment or other relationship; (ii) Claims under any contract, agreement, or understanding Employee may have with any of the Releasees, written or oral, express or implied, at any time omitted prior to the date of this Agreement. Employee executes does not release any claims against any of the Released Parties which arise after he signs this Post-Employment Release (including, but not limited to, Claims under the Employment Agreement); (iii) Claims arising under any federal, state, foreign, or local law, rule, constitution, ordinance, or public policy, including. 2. The claims hereby released include, without limitation, (A) Claims arising claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e; the Civil Rights Act of 1866, 42 U.S.C. Section 1981; the Civil Rights Act of 1991Age Discrimination in Employment Act, 29 U.S.C. Sections 621 et seq.; the Americans With Disabilities Act, 42 U.S.C. Section 12101 et seq.; the Age Discrimination in Employment Act of 1967 (“ADEA”) (29 U.S.C. § 626, as amended), the Older Workers Benefit Protection Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Employee Retirement Income Security Act of 1974, the Vietnam Era Veterans Readjustment Act of 1974, the Immigration Reform and Control Act of 1974, the Labor Management Relations Act, the National Labor Relations Act, the Occupational Safety and Health Act, the Rehabilitation Act of 1973, the Uniformed Services Employment and Reemployment Texas Commission on Human Rights Act, the Worker Adjustment and Retraining Notification ActTEX. LABOR CODE Section 21.001 et seq.; any claim for severance pay, the Xxxxxxxx-Xxxxx Act of 2002bonus, the Internal Revenue Code of 1986salary, the Delaware sick leave, holiday pay, vacation pay, life insurance, health or Virginia Discrimination Lawsmedical insurance, the Virginia Fair Employment and Housing Act (as amended)or any other fringe benefit, all as amendedcompensation, and/or or disability benefit; or any other federal, statestate or local statute, foreignexecutive order, or local labor law, wage and hour and wage payment law, employee relations and/or fair regulation regarding employment practices law, or public policy; (B) Claims arising in tort, including, but not limited to, Claims for misrepresentation, defamation, libel, slander, invasion the termination of privacy, conversion, replevin, false light, tortious interference with contract or economic advantage or business relations, negligence, fraud, fraudulent inducement, quantum meruit, promissory estoppel, prima facie tort, restitutionemployment, or the likecommon law of any state relating to torts, employment contracts, and employment terminations; and (C) Claims for Compensationbefore any state or federal court or administrative agency, other monetary or equitable relief, attorneys’ or experts’ fees or costs, forum fees or costscivil rights agency, or any tangible other forum. 3. This Agreement will not impair Employee's rights, if any, to continue health care benefits coverage under COBRA, 29 U.S.C. Sections 1161-68, or intangible property of Employee’s that remains with to any of the Releasees; and (iv) Claims arising vested rights under any other applicable law, regulation, rule, policy, practice, promise, understanding, or legal or equitable theory whatsoever. Employee specifically intends this release to be the broadest possible release permitted under law. Notwithstanding the foregoing, Employee shall not be deemed to have released (A) any Claims which arise after the date Employee executes this Post-Employment Release; (B) any obligations undertaken by the Company within the Separation Agreement or this Post-Employment Release, or Claims Employee may have arising from or related to a breach of the Separation Agreement or this Post-Employment Release retirement plan maintained by the Company; (C) any vested benefits under any employee benefit plan (in accordance with the books and records of such plan, and subject to the terms and conditions of the applicable governing plan documents); (D) any rights to indemnification under any agreement between Employee and the Company Entities (including the Employment Agreement), under the governing or formation documents of the Company Entities, or under any applicable law or insurance policy (subject to the terms and conditions of such agreement, document, law or policy), which, for the avoidance of doubt, include rights to advancements for litigation-related expenses that may be incurred by Employee, including expenses of legal counsel selected and retained by Employee; and (E) any Claim or rights which cannot be waived by law. (b) Except as set forth in Paragraph 8(b) of the Separation Agreement and/or with respect to Claims not waived, and rights retained, by Employee pursuant to the Separation Agreement or this Post-Employment Release, Employee represents and warrants that he has never commenced or filed, or caused to be commenced or filed, any lawsuit or arbitration against any of the Releasees. Except as set forth in Paragraph 8(b) of the Separation Agreement and/or with respect to Claims not waived, and rights retained, by Employee pursuant to the Separation Agreement or this Post-Employment Release, Employee further agrees not to directly or indirectly commence, file, or in any way pursue, or cause or assist any person or entity to commence, file, or in any way pursue, any lawsuit or arbitration against any of the Releasees in the future. For the avoidance of doubt, nothing in the Separation Agreement, this Post-Employment Release, the Employment Agreement, any other agreement between Employee and the Company, or any Company policy shall prevent Employee from filing a charge with the EEOC or any other government or self-regulatory agency, or from participating in any EEOC or other agency investigation; provided that Employee may not receive any relief (including, but not limited to, reinstatement, back pay, front pay, damages, attorneys’ or experts’ fees, costs, or disbursements) from any Releasee as a consequence of any such charge or litigation arising out of such a charge.

Employee’s Release of Claims. In exchange for the consideration Except as otherwise expressly provided to Employee pursuant to Paragraph 3 of the Separation Agreementherein, which Employee acknowledges is fair and sufficient and exceeds any payment, benefit, or other thing of value to which Employee might otherwise be entitled, Employee hereby agrees, represents, and warrants as follows: (a) Employee, on behalf of himself himself, and all of anyone who may now or later have the right to sue xxx or through him, his descendants, heirs, executors, administrators, successorsand assigns, promises never to sue, xxd fully and forever releases and discharges the Company, its parents, subsidiaries, affiliates, successors and assigns, together with its and their past and present directors, officers, agents, insurers, employees, and assigns any employee benefit plans established or maintained by any such entities, together with such plans' fiduciaries and agents (collectively, “Releasors”the "Employee Released Parties"), hereby releases and forever waives and discharges from any and all claims, liabilities, causes of action, demands, chargesobligations, complaints, suits, rights, costs, debts, expenses, promises, agreementsdamages, or damages liabilities of any kind whatsoever, at law, in equity, or nature (collectivelyotherwise, “Claims”) that whether now known or unknown, suspected or unsuspected, which Employee now owns or holds, or has ever owned or held, against the Employee Released Parties. a. The claims released include all claims arising out of or in any way connected with Employee's employment with the Company, Employee's termination from the Company, or any other transactions, occurrences, acts, or omissions, or any losses, damage, or injury whatsoever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of any of the other Releasors ever hadEmployee Released Parties, now has, committed or might have against the Company (together with the foregoing’s respective subsidiaries and any entities under common control with the foregoing, the “Company Entities”), and each of the Company Entities’ respective officers, members, directors, partners, employees, affiliates, agents, investors, and representatives (collectively “Releasees”), arising at any time prior to and including the date Employee executes this Post-Employment Release, whether such Claims are known or unknown to Employee, whether such Claims are accrued or contingent, including, but not limited to, (i) Claims arising out of, or which might be considered to arise out of or to be connected in any way with, Employee’s employment or other relationship with the Company Entities, or the termination of such employment or other relationship; (ii) Claims under any contract, agreement, or understanding Employee may have with any of the Releasees, written or oral, express or implied, at any time omitted prior to the date of this Agreement. Employee executes does not release any claims against any of the Employee Released Parties which arise after he signs this Post-Employment Release (including, but not limited to, Claims under the Employment Agreement); (iii) Claims arising under any federal, state, foreign, or local law, rule, constitution, ordinance, or public policy, including. b. The claims hereby released include, without limitation, (A) Claims arising claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e; the Civil Rights Act of 1866, 42 U.S.C. Section 1981; the Civil Rights Act of 1991Age Discrimination in Employment Act, 29 U.S.C. Sections 621 et seq.; the Americans With Disabilities Act, 42 U.S.C. Section 12101 et seq.; the Age Discrimination in Employment Act of 1967 (“ADEA”) (29 U.S.C. § 626, as amended), the Older Workers Benefit Protection Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Employee Retirement Income Security Act of 1974, the Vietnam Era Veterans Readjustment Act of 1974, the Immigration Reform and Control Act of 1974, the Labor Management Relations Act, the National Labor Relations Act, the Occupational Safety and Health Act, the Rehabilitation Act of 1973, the Uniformed Services Employment and Reemployment Texas Commission on Human Rights Act, the Worker Adjustment and Retraining Notification ActTEX. LABOR CODE Section 21.001 et seq.; any claim for severance pay, the Xxxxxxxx-Xxxxx Act of 2002bonus, the Internal Revenue Code of 1986salary, the Delaware sick leave, holiday pay, vacation pay, life insurance, health or Virginia Discrimination Lawsmedical insurance, the Virginia Fair Employment and Housing Act (as amended)or any other fringe benefit, all as amendedcompensation, and/or or disability benefit; or any other federal, statestate or local statute, foreignexecutive order, or local labor law, wage and hour and wage payment law, employee relations and/or fair regulation regarding employment practices law, or public policy; (B) Claims arising in tort, including, but not limited to, Claims for misrepresentation, defamation, libel, slander, invasion the termination of privacy, conversion, replevin, false light, tortious interference with contract or economic advantage or business relations, negligence, fraud, fraudulent inducement, quantum meruit, promissory estoppel, prima facie tort, restitutionemployment, or the likecommon law of any state relating to torts, employment contracts, and employment terminations; and (C) Claims for Compensationbefore any state or federal court or administrative agency, other monetary or equitable relief, attorneys’ or experts’ fees or costs, forum fees or costscivil rights agency, or any tangible other forum. c. This Agreement will not impair Employee's rights, if any, to continue health care benefits coverage under COBRA, 29 U.S.C. Sections 1161-68, or intangible property of Employee’s that remains with to any of the Releasees; and (iv) Claims arising vested rights under any other applicable law, regulation, rule, policy, practice, promise, understanding, or legal or equitable theory whatsoever. Employee specifically intends this release to be the broadest possible release permitted under law. Notwithstanding the foregoing, Employee shall not be deemed to have released (A) any Claims which arise after the date Employee executes this Post-Employment Release; (B) any obligations undertaken by the Company within the Separation Agreement or this Post-Employment Release, or Claims Employee may have arising from or related to a breach of the Separation Agreement or this Post-Employment Release retirement plan maintained by the Company; (C) any vested benefits under any employee benefit plan (in accordance with the books and records of such plan, and subject to the terms and conditions of the applicable governing plan documents); (D) any rights to indemnification under any agreement between Employee and the Company Entities (including the Employment Agreement), under the governing or formation documents of the Company Entities, or under any applicable law or insurance policy (subject to the terms and conditions of such agreement, document, law or policy), which, for the avoidance of doubt, include rights to advancements for litigation-related expenses that may be incurred by Employee, including expenses of legal counsel selected and retained by Employee; and (E) any Claim or rights which cannot be waived by law. (b) Except as set forth in Paragraph 8(b) of the Separation Agreement and/or with respect to Claims not waived, and rights retained, by Employee pursuant to the Separation Agreement or this Post-Employment Release, Employee represents and warrants that he has never commenced or filed, or caused to be commenced or filed, any lawsuit or arbitration against any of the Releasees. Except as set forth in Paragraph 8(b) of the Separation Agreement and/or with respect to Claims not waived, and rights retained, by Employee pursuant to the Separation Agreement or this Post-Employment Release, Employee further agrees not to directly or indirectly commence, file, or in any way pursue, or cause or assist any person or entity to commence, file, or in any way pursue, any lawsuit or arbitration against any of the Releasees in the future. For the avoidance of doubt, nothing in the Separation Agreement, this Post-Employment Release, the Employment Agreement, any other agreement between Employee and the Company, or any Company policy shall prevent Employee from filing a charge with the EEOC or any other government or self-regulatory agency, or from participating in any EEOC or other agency investigation; provided that Employee may not receive any relief (including, but not limited to, reinstatement, back pay, front pay, damages, attorneys’ or experts’ fees, costs, or disbursements) from any Releasee as a consequence of any such charge or litigation arising out of such a charge.

Employee’s Release of Claims. In exchange for the consideration Except as otherwise expressly provided to Employee pursuant to Paragraph 3 of the Separation Agreementherein, which Employee acknowledges is fair and sufficient and exceeds any payment, benefit, or other thing of value to which Employee might otherwise be entitled, Employee hereby agrees, represents, and warrants as follows: (a) Employee, on behalf of himself himself, and all of anyone who may now or later have the right to sue xxx or through him, his descendants, heirs, executors, administrators, successorsand assigns, promises never to sue, xxd fully and forever releases and discharges the Company, its parents, subsidiaries, affiliates, successors and assigns, together with its and their past and present directors, officers, agents, attorneys, insurers, employees, stockholders, and assigns any employee benefit plans established or maintained by any such entities, together with their fiduciaries and agents (collectively, “Releasors”the "Released Parties"), hereby releases and forever waives and discharges from any and all claims, liabilities, causes of action, demands, chargesobligations, complaints, suits, rights, costs, debts, expenses, promises, agreementsdamages, or damages liabilities of any kind whatsoever, at law, in equity, or nature (collectivelyotherwise, “Claims”) that whether now known or unknown, suspected or unsuspected, which Employee now owns or holds, or has ever owned or held, against the Released Parties. a. The claims released include all claims arising out of or in any way connected with Employee's employment with the Company, Employee's termination from the Company, or any other transactions, occurrences, acts, or omissions, or any losses, damage, or injury whatsoever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of any of the other Releasors ever hadReleased Parties, now has, committed or might have against the Company (together with the foregoing’s respective subsidiaries and any entities under common control with the foregoing, the “Company Entities”), and each of the Company Entities’ respective officers, members, directors, partners, employees, affiliates, agents, investors, and representatives (collectively “Releasees”), arising at any time prior to and including the date Employee executes this Post-Employment Release, whether such Claims are known or unknown to Employee, whether such Claims are accrued or contingent, including, but not limited to, (i) Claims arising out of, or which might be considered to arise out of or to be connected in any way with, Employee’s employment or other relationship with the Company Entities, or the termination of such employment or other relationship; (ii) Claims under any contract, agreement, or understanding Employee may have with any of the Releasees, written or oral, express or implied, at any time omitted prior to the date of this Agreement. Employee executes does not release any claims against any of the Released Parties which arise after he signs this Post-Employment Release (including, but not limited to, Claims under the Employment Agreement); (iii) Claims arising under any federal, state, foreign, or local law, rule, constitution, ordinance, or public policy, including. b. The claims hereby released include, without limitation, (A) Claims arising claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e; the Civil Rights Act of 1866, 42 U.S.C. Section 1981; the Civil Rights Act of 1991Age Discrimination in Employment Act, 29 U.S.C. Sections 621 et seq.; the Americans With Disabilities Act, 42 U.S.C. Section 12101 et seq.; the Age Discrimination in Employment Act of 1967 (“ADEA”) (29 U.S.C. § 626, as amended), the Older Workers Benefit Protection Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Employee Retirement Income Security Act of 1974, the Vietnam Era Veterans Readjustment Act of 1974, the Immigration Reform and Control Act of 1974, the Labor Management Relations Act, the National Labor Relations Act, the Occupational Safety and Health Act, the Rehabilitation Act of 1973, the Uniformed Services Employment and Reemployment Texas Commission on Human Rights Act, the Worker Adjustment and Retraining Notification ActTEX. LABOR CODE Section 21.001 et seq.; any claim for severance pay, the Xxxxxxxx-Xxxxx Act of 2002bonus, the Internal Revenue Code of 1986salary, the Delaware sick leave, holiday pay, vacation pay, life insurance, health or Virginia Discrimination Lawsmedical insurance, the Virginia Fair Employment and Housing Act (as amended)or any other fringe benefit, all as amendedcompensation, and/or or disability benefit; or any other federal, statestate or local statute, foreignexecutive order, or local labor law, wage and hour and wage payment law, employee relations and/or fair regulation regarding employment practices law, or public policy; (B) Claims arising in tort, including, but not limited to, Claims for misrepresentation, defamation, libel, slander, invasion the termination of privacy, conversion, replevin, false light, tortious interference with contract or economic advantage or business relations, negligence, fraud, fraudulent inducement, quantum meruit, promissory estoppel, prima facie tort, restitutionemployment, or the likecommon law of any state relating to torts, employment contracts, and employment terminations; and (C) Claims for Compensationbefore any state or federal court or administrative agency, other monetary or equitable relief, attorneys’ or experts’ fees or costs, forum fees or costscivil rights agency, or any tangible other forum. c. This Agreement will not impair Employee's rights, if any, to continue health care benefits coverage under COBRA, 29 U.S.C. Sections 1161-68, or intangible property of Employee’s that remains with to any of the Releasees; and (iv) Claims arising vested rights under any other applicable law, regulation, rule, policy, practice, promise, understanding, or legal or equitable theory whatsoever. Employee specifically intends this release to be the broadest possible release permitted under law. Notwithstanding the foregoing, Employee shall not be deemed to have released (A) any Claims which arise after the date Employee executes this Post-Employment Release; (B) any obligations undertaken by the Company within the Separation Agreement or this Post-Employment Release, or Claims Employee may have arising from or related to a breach of the Separation Agreement or this Post-Employment Release retirement plan maintained by the Company; (C) any vested benefits under any employee benefit plan (in accordance with the books and records of such plan, and subject to the terms and conditions of the applicable governing plan documents); (D) any rights to indemnification under any agreement between Employee and the Company Entities (including the Employment Agreement), under the governing or formation documents of the Company Entities, or under any applicable law or insurance policy (subject to the terms and conditions of such agreement, document, law or policy), which, for the avoidance of doubt, include rights to advancements for litigation-related expenses that may be incurred by Employee, including expenses of legal counsel selected and retained by Employee; and (E) any Claim or rights which cannot be waived by law. (b) Except as set forth in Paragraph 8(b) of the Separation Agreement and/or with respect to Claims not waived, and rights retained, by Employee pursuant to the Separation Agreement or this Post-Employment Release, Employee represents and warrants that he has never commenced or filed, or caused to be commenced or filed, any lawsuit or arbitration against any of the Releasees. Except as set forth in Paragraph 8(b) of the Separation Agreement and/or with respect to Claims not waived, and rights retained, by Employee pursuant to the Separation Agreement or this Post-Employment Release, Employee further agrees not to directly or indirectly commence, file, or in any way pursue, or cause or assist any person or entity to commence, file, or in any way pursue, any lawsuit or arbitration against any of the Releasees in the future. For the avoidance of doubt, nothing in the Separation Agreement, this Post-Employment Release, the Employment Agreement, any other agreement between Employee and the Company, or any Company policy shall prevent Employee from filing a charge with the EEOC or any other government or self-regulatory agency, or from participating in any EEOC or other agency investigation; provided that Employee may not receive any relief (including, but not limited to, reinstatement, back pay, front pay, damages, attorneys’ or experts’ fees, costs, or disbursements) from any Releasee as a consequence of any such charge or litigation arising out of such a charge.