Exceptions and No Interference with Rights Clause Samples
The "Exceptions and No Interference with Rights" clause defines circumstances under which certain rights or obligations outlined in an agreement do not apply, and clarifies that the agreement does not override or diminish any pre-existing legal rights. In practice, this clause may specify that statutory rights, such as those provided by consumer protection laws, remain intact regardless of the contract's terms, or that certain exceptions apply to the general rules set out elsewhere in the agreement. Its core function is to ensure that the contract does not unlawfully restrict or interfere with rights granted by law, thereby protecting parties from inadvertently waiving important legal protections.
Exceptions and No Interference with Rights. Nothing in this Agreement is intended to waive claims (i) for unemployment or workers’ compensation benefits, (ii) for vested rights under any ERISA-qualified benefit plans as applicable on the date you sign this Agreement, (iii) any rights or claims related to the enforcement of this Agreement, or (iv) which cannot be released under applicable law by private agreement. In addition, notwithstanding anything to the contrary in this Agreement or the Confidentiality Agreement, nothing contained in this Agreement or the Confidentiality Agreement shall prohibit either Party to this Agreement (or either Party’s attorney(s)) from (i) filing a charge with, reporting possible violations of federal law or regulation to, participating in any investigation by, or cooperating with the U.S. Equal Employment Opportunity Commission (“EEOC”), the U.S. Securities and Exchange Commission (“SEC”), the Financial Industry Regulatory Authority (“FINRA”), the National Labor Relations Board (“NLRB”), the Occupational Safety and Health Administration (“OSHA”), the U.S. Commodity Futures Trading Commission (“CFTC”), the U.S. Department of Justice (“DOJ”), or any other securities regulatory agency, self-regulatory authority, or federal, state, or local regulatory authority (collectively, “Government Agencies”), or making other disclosures that are protected under the whistleblower provisions of applicable federal and state law or regulations, (ii) communicating directly with, cooperating with, or providing information in confidence to any Government Agencies for the purpose of reporting or investigating a suspected violation of law, or from providing such information to such Party’s attorney(s), or in a sealed complaint, or other document filed in a lawsuit or other governmental proceeding, and/or (iii) receiving an award for information provided to any Government Agency. Pursuant to 18 USC §1833(b), you acknowledge that (1) you will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made: (x) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or (y) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal, and (2) if you file a lawsuit for retaliation by the Company or its affiliates or subsidiaries based on...
Exceptions and No Interference with Rights. Notwithstanding any provision of this Release or any other representation to the contrary, I understand this Release does not apply to (a) any claims or rights that may arise after the date that I signed this Release, (b) the Company’s expense reimbursement policies, (c) any vested rights under the Company’s ERISA-covered employee benefit plans as applicable on the date I sign this Release, and (d) any claims that the controlling law clearly states may not be released by private agreement. Moreover, nothing in this Release (including but not limited to the acknowledgements, release of claims, the promise not to sue, the confidentiality obligations, and the return of property provision) (x) limits or affects my right to challenge the validity of this Release under the ADEA or the OWBPA, (y) either prevents me from communicating with, filing a charge or complaint with, or from participating in an investigation or proceeding conducted by the EEOC, the National Labor Relations Board, the Securities and Exchange Commission, or any other federal, state or local agency charged with the enforcement of any laws, or from responding to a subpoena or discovery request in court litigation or arbitration, or requires me to obtain the consent of the Company or notify the Company before doing so, (z) precludes me from exercising my rights under Section 7 of the NLRA or similar state law to engage in protected, concerted activity with other employees, although by signing this Release I am waiving my right to recover any individual relief (including any backpay, frontpay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by me or on my behalf by any third party, except for any right I may have to receive a payment or award from a government agency (and not the Company) for information provided to the government agency or where waiver of such right to recover otherwise is prohibited.
Exceptions and No Interference with Rights. Nothing in this Agreement is intended to waive, and, notwithstanding anything to the contrary in this Agreement, your waiver of claims under Section 6 above does not apply to, claims (a) for unemployment or workers’ compensation benefits, (b) for vested rights under ERISA-covered employee benefit plans as applicable on the date you sign this Agreement, (c) that may arise after you sign this Agreement, (d) for reimbursement of expenses under the Company’s expense reimbursement policies, (e) relating to your rights under this Agreement, (f) for indemnification under any indemnification agreement between you and any Releasees, under any Releasee’s by-laws, or under applicable law, or (g) which cannot be released by private agreement. In addition, nothing in this Agreement including but not limited to the acknowledgements, release of claims, proprietary information, confidentiality, cooperation, and non-disparagement provisions, (h) prevents you from filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, or any other any federal, state or local agency charged with the enforcement of any laws, including providing documents or any other information, or (i) limits you from exercising rights under Section 7 of the National Labor Relations Act to engage in protected, concerted activity with other employees, although by signing this Agreement you are waiving rights to individual relief (including backpay, frontpay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party, except for any right you may have to receive a payment or award from a government agency (and not the Company) for information provided to the government agency or otherwise where prohibited.
Exceptions and No Interference with Rights. Nothing in this Agreement is intended to waive claims (a) for unemployment or workers’ compensation benefits, (b) for vested rights under ERISA-covered employee benefit plans as applicable on the date Executive signs this Agreement, (c) that may arise after Executive signs this Agreement, (d) for rights or entitlements to indemnification and/or advancement of fees (whether by contract, charter, by-laws, statute, insurance policy or otherwise), or (e) which cannot be released by private agreement. In addition, nothing in this Agreement including but not limited to the acknowledgements, release, confidentiality of agreement, mutual nondisparagement, cooperation, protection of trade secrets and confidential information, return of confidential information, and return of property provisions, prevent Executive from filing a charge or complaint with or from participating in an investigation or proceeding conducted by the EEOC, NLRB, or any other any federal, state or local agency charged with the enforcement of any laws, or from exercising rights under Section 7 of the NLRA to engage in joint activity with other employees, although by signing this release Executive is waiving rights to individual relief based on claims asserted in such a charge or complaint, or asserted by any third-party on Executive’s behalf, except where such a waiver of individual relief is prohibited.
Exceptions and No Interference with Rights. ▇▇▇▇▇▇ understands this Agreement does not apply to (a) any claims or rights that may arise after the date that ▇▇▇▇▇▇ signed this Agreement, (b) the Company’s expense reimbursement policies, (c) any vested rights under the Company’s ERISA-covered employee benefit plans as applicable on the date ▇▇▇▇▇▇ sign this Agreement, and (d) any claims that the controlling law clearly states may not be released by private agreement. Moreover, nothing in this Agreement (including but not limited to the acknowledgements, release of claims, the promise not to ▇▇▇, the confidentiality obligations, and the return of property provision) (w) waives ▇▇▇▇▇▇’▇ right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the Company, or on the part of the agents or employees of the Company, when ▇▇▇▇▇▇ has been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, (x) limits or affects ▇▇▇▇▇▇’▇ right to challenge the validity of this Agreement under the ADEA or the OWBPA, (y) prevents ▇▇▇▇▇▇ from communicating with, filing a charge or complaint with, or from participating in an investigation or proceeding conducted by the EEOC, the National Labor Relations Board, the Securities and Exchange Commission, or any other federal, state or local agency charged with the enforcement of any laws, including providing documents or any other
Exceptions and No Interference with Rights. ▇▇▇▇▇▇▇▇▇ understands this Agreement does not apply to (a) any claims or rights that may arise after the date that
Exceptions and No Interference with Rights. You understand this Supplemental Release does not (i) prevent you from filing a claim under the workers compensation or unemployment compensation statutes; (ii) limit or affect your right to challenge the validity of this Agreement under the ADEA or the Older Worker Benefits Protection Act; (iii) prevent you from filing a charge or complaint or from reporting any allegations of unlawful employment practices or criminal conduct with or from participating in an investigation or proceeding conducted by the EEOC, the National Labor Relations Board, the Securities and Exchange Commission, or any other federal, state or local agency (in Illinois, this includes the Illinois Department of Human Rights (IDHR ), charged with the enforcement of any laws, including providing documents or other information to such agencies; or (iv) prevent you from exercising your rights under Section 7 of the NLRA to engage in protected, concerted activity with other employees, (v) prevent you from testifying in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged unlawful employment practices regarding the Company, its agents, or employees, when you have been required or requested to do so pursuant to a court order, subpoena, or written request from an administrative agency or state legislature; although, by signing this Supplemental Release you are waiving your right to recover any individual relief (including any back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party, except for any right you may have to receive an award from a government agency (and not the Company) for information provided to the government agency.
Exceptions and No Interference with Rights. I understand that this Agreement does not apply to: (a) claims for state unemployment compensation or workers’ compensation benefits; (b) claims or rights that may arise after the date that I signed this Agreement; (c) claims for reimbursement under the Company’s expense reimbursement policies; (d) any vested rights under the Company’s ERISA-covered employee benefit plans as applicable on the date I sign this Agreement, and (e) any claims that the controlling law clearly states may not be released by private agreement.
Exceptions and No Interference with Rights. Nothing in this Agreement is intended to waive claims (i) for unemployment or workers’ compensation benefits, (ii) for vested rights under ERISA-covered employee benefit plans as applicable on the date you sign this Agreement, (iii) that may arise after you sign this Agreement, or (iv) that cannot be released by private agreement. In addition, nothing in this Agreement prevents you from filing a charge or complaint with, participating in an investigation or proceeding conducted by, or providing testimony before or confidential information to a self-regulatory authority or a government agency or entity, including the U.S. Equal Employment Opportunity Commission, National Labor Relations Board, the Department of Justice, the Securities and Exchange Commission, or any other any federal, state or local agency charged with the enforcement of any laws. However, by signing this release you are waiving rights to individual relief based on claims asserted in such a charge or complaint, or asserted by any third-party on your behalf, except where such a waiver of individual relief is prohibited. This Agreement does not limit your right to receive an award from any regulator that provides awards for providing information relating to a potential violation of law. Please take notice that federal law provides criminal and civil immunity to federal and state claims for trade secret misappropriation to individuals who disclose a trade secret to their attorney, a court, or a government official in certain, confidential circumstances that are set forth at 18 U.S.C. §§ 1833(b)(1) and 1833(b)(2), related to the reporting or investigation of a suspected violation of the law, or in connection with a lawsuit for retaliation for reporting a suspected violation of the law.