Common use of Exceptions to Release Clause in Contracts

Exceptions to Release. The foregoing release does not release or impair: (i) the Company’s promises and obligations under this Agreement; (ii) any rights Employee has under any grants of stock options, restricted stock, or other forms of equity that may have been provided to Employee during his/her employment (such grants to be governed by the applicable equity plan and grant agreement(s)); (iii) any rights Employee has under applicable workers compensation laws; (iv) any vested rights under a qualified retirement plan; (v) any other Claims that cannot lawfully be released; (vi) Employee’s ability to respond truthfully to a valid subpoena issued by, file a charge with, or participate in any investigation conducted by, a governmental agency; (vii) any Claims arising for actions or omissions occurring, and any ADEA Claims that may arise, after the date of Employee’s execution of this Agreement; (viii) any rights to insurance benefits under any Directors & Officers liability insurance policy maintained by the Company; or (ix) any indemnification rights or rights to the advancement of expenses which Employee may have (in the absence of this Agreement and independent of the Employment Agreement) as an employee, officer or director of the Company under applicable law or in accordance with the Company’s Articles of Incorporation or Bylaws, or under any contractual arrangements concerning such indemnification or rights or clauses governing the Company’s insurance policies or applicable law.

Exceptions to Release. The foregoing release does not release or impair: (i) the Company’s promises and obligations under this the Agreement; (ii) any rights Employee Executive has under any grants of stock options, restricted stock, or other forms of equity that may have been provided to Employee Executive during his/her his employment (such grants to be governed by the applicable equity plan plan(s) and grant agreement(s)) and this Amendment); (iii) any rights Employee Executive has under applicable workers compensation laws; (iv) any vested rights under a qualified retirement plan; (ve) any other Claims claims that cannot lawfully be released; (viv) EmployeeExecutive’s ability to respond truthfully to a valid subpoena issued by, file a charge with, or participate in any investigation conducted by, a governmental agency; (viivi) any Claims claims arising for actions or omissions occurring, and any ADEA Claims that may arise, after the date of EmployeeExecutive ’s execution of this AgreementAmendment; (viiivii) any rights to insurance benefits under any Directors & Officers liability insurance policy maintained by the Company; or (ixviii) any indemnification rights or rights from the Company. Notwithstanding anything herein to the advancement contrary, this release of expenses which Employee may have (in the absence claims will not prohibit Executive from filing a charge of this Agreement and independent of the Employment Agreement) as an employee, officer or director of the Company under applicable law or in accordance discrimination with the Company’s Articles National Labor Relations Board, the Equal Employment Opportunity Commission ("EEOC") or an equivalent state civil rights agency, but Executive agrees and understands that he is waiving his right to monetary compensation thereby if any such agency elects to pursue a claim on his behalf. Further, nothing in this release of Incorporation claims shall be construed to waive any right that is not subject to waiver by private agreement under federal, state or Bylawslocal employment or other laws, such as claims for workers' compensation or under unemployment benefits or any contractual arrangements concerning such indemnification or rights or clauses governing claims that may arise after the Company’s insurance policies or applicable lawEffective Date.

Exceptions to Release. The foregoing release does not release or impair: (i) the Company’s promises and obligations under this Agreement; (ii) any rights Employee has under any grants of stock options, restricted stock, or other forms of equity that may have been provided to Employee during his/her employment (such grants to be governed by the applicable equity plan and grant agreement(s)); (iii) any rights Employee has under applicable workers compensation laws; (iv) any vested rights under a qualified retirement plan; (v) any other Claims that cannot lawfully be released; (vi) Employee’s ability to respond truthfully to a valid subpoena issued by, file a charge with, or participate in any investigation conducted by, a governmental agency; (vii) any Claims arising for actions or omissions occurring, and any ADEA Claims that may arise, after the date of Employee’s execution of this Agreement; (viii) any rights to insurance benefits under any Directors & Officers liability insurance policy maintained by the Company; or (ix) any indemnification rights or rights to the advancement of expenses which Employee he may have (in the absence of this Agreement and independent of the Employment Agreement) as an employee, officer or director of the Company under applicable law or in accordance with the Company’s Articles of Incorporation or Bylaws, or under any contractual arrangements concerning such indemnification or rights or clauses governing the Company’s insurance policies or applicable law.