Common use of Excluded Claims/Protected Rights Clause in Contracts

Excluded Claims/Protected Rights. Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (i) any rights or claims for indemnification the undersigned may have pursuant to any written indemnification agreement with the Company to which the undersigned is a party or under applicable law; (ii) any rights which are not waivable as a matter of law; (iii) any rights or claims with respect to vested benefits, (iv) any rights or claims with respect to undersigned’s status as a Company shareholder, (v) any right or claims with respect to payments or benefits that are contingent on this Release becoming effective, and (vi) any claims for breach of this Release. In addition, nothing in this Release prevents the undersigned from filing, cooperating with, or participating in any proceeding before the Equal Employment Opportunity Commission, the Department of Labor, or any other government agency, except that the undersigned acknowledges and agrees that he hereby waives his right to any monetary benefits in connection with any such claim, charge or proceeding. Additionally, while this Release does not limit the right to receive an award for information provided to the Securities and Exchange Commission, the undersigned is otherwise waiving, to the fullest extent permitted by law, any and all rights he may have to individual relief based on any claims that have been released and any rights that have been waived by signing this Release.

Excluded Claims/Protected Rights. Notwithstanding the foregoing, the following are not included in the Released Release of Claims (the “"Excluded Claims”"): (i) any rights or claims for indemnification the undersigned Employee may have pursuant to any written indemnification agreement with the Company to which the undersigned he is a party party, the charter, bylaws, or operating agreements of the Company, or under applicable law; (ii) any rights which are not waivable as a matter of law; and (iii) any rights or claims with respect to vested benefits, (iv) any rights or claims with respect to undersigned’s status as a Company shareholder, (v) any right or claims with respect to payments or benefits that are contingent on this Release becoming effective, and (vi) any claims for breach of this ReleaseAgreement. In additionEmployee hereby represents and warrants that, other than the Excluded Claims, Employee is not aware of any claims he has or may have against any of the Released Parties that are not included in the Released Claims. Employee understands that nothing in this Release prevents the undersigned from filing, cooperating with, Agreement limits his ability to file a charge or participating in any proceeding before complaint with the Equal Employment Opportunity Commission, the Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other government agencyfederal, except that the undersigned acknowledges and agrees that he hereby waives his right to any monetary benefits in connection with any such claim, charge state or proceedinglocal governmental agency or commission ("Government Agencies"). Additionally, while Employee further understands this Release Agreement does not limit his ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. While this Agreement does not limit Employee's right to receive an award for information provided to the Securities and Exchange Commission, the undersigned is otherwise waivingEmployee understands and agrees that, to the fullest maximum extent permitted by law, Employee is otherwise waiving any and all rights he may have to individual relief based on any claims that have been he has released and any rights that have been he has waived by signing this ReleaseAgreement.

Excluded Claims/Protected Rights. Notwithstanding the foregoing, the following are not included in the Released Release of Claims (the “Excluded Claims”): (i) any rights or claims for indemnification the undersigned Employee may have pursuant to any written indemnification agreement with the Company to which the undersigned he is a party party, the charter, bylaws, or operating agreements of the Company, or under applicable law; (ii) any rights which are not waivable as a matter of law; (iii) any rights or claims with respect to vested benefits, Company obligations incurred under this Agreement; (iv) the payment of wages owed, or benefits accrued, including the payment of any rights or claims with respect to undersigned’s status as a Company shareholderaccrued but unused paid time off/vacation, through the Separation Date; and (v) any right or claims with respect to payments or benefits that are contingent on this Release becoming effective, and (vi) any claims for breach of this ReleaseAgreement. In additionEmployee hereby represents and warrants that, other than the Excluded Claims, Employee is not aware of any claims he has or may have against any of the Released Parties that are not included in the Released Claims. Employee understands that nothing in this Release prevents the undersigned from filing, cooperating with, Agreement limits his ability to file a charge or participating in any proceeding before complaint with the Equal Employment Opportunity Commission, the Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other government agencyfederal, except that the undersigned acknowledges and agrees that he hereby waives his right to any monetary benefits in connection with any such claim, charge state or proceedinglocal governmental agency or commission (“Government Agencies”). Additionally, while Employee further understands this Release Agreement does not limit his ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. While this Agreement does not limit Employee’s right to receive an award for information provided to the Securities and Exchange Commission, the undersigned is otherwise waiving, to the fullest extent permitted by law, any and all rights he may have to individual relief based on any claims that have been released and any rights that have been waived by signing this Release.143679290 v4