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Common use of Excluded Claims Clause in Contracts

Excluded Claims. Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (1) any rights or claims for indemnification I may have pursuant to any written indemnification agreement with the Company to which I am a party, the Company’s bylaws, or applicable law; and (2) any rights which are not waivable as a matter of law. In addition, nothing in this Release and Waiver prevents me from filing, cooperating with, or participating in any investigation or proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, or any other government agency, except that I hereby waive my right to any monetary benefits in connection with any such claim, charge, investigation or proceeding. I hereby represent and warrant that, other than the Excluded Claims, I am not aware of any claims I have or might have against any of the Released Parties that are not included in the Released Claims.

Appears in 11 contracts

Samples: Severance Agreement (Xencor Inc), Severance Agreement (Xencor Inc), Severance Agreement (Xencor Inc)

Excluded Claims. Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (1a) any rights or claims for indemnification I may have pursuant to any written indemnification agreement with the Company to which I am a party, the Company’s charter, bylaws, or operating agreements of the Company, or under applicable law; and (2b) any rights which that are not waivable as a matter of law; or (c) any claims arising from the breach of the Employment Agreement. In addition, I acknowledge that nothing in this Release and Waiver Agreement prevents me from filing, cooperating with, or participating in any investigation or proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, Arizona Civil Rights Division or any other government agencythe Arizona Labor Department, except that I hereby waive my right to any monetary benefits in connection with any such claim, charge, investigation or proceeding. I hereby represent and warrant that, other than the Excluded Claims, I am not aware of any claims I have or might have against any of the Released Parties that are not included in the Released Claims.

Appears in 5 contracts

Samples: Employment Agreement (HTG Molecular Diagnostics, Inc), Employment Agreement (HTG Molecular Diagnostics, Inc), Employment Agreement (HTG Molecular Diagnostics, Inc)

Excluded Claims. Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (1i) any rights or claims for indemnification I you may have pursuant to any written indemnification agreement with the Company to which I am you are a party, the Company’s charter, bylaws, or operating agreements of the Company, or under applicable law; and (2ii) any rights which are not waivable as a matter of law; and (iii) any claims for breach of this Agreement. In addition, nothing in this Release and Waiver Agreement prevents me you from filing, cooperating with, or participating in any investigation or proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, or any other government agency, except that I you acknowledge and agree that you are hereby waive my waiving your right to any monetary benefits in connection with any such claim, charge, investigation charge or proceeding. I You hereby represent and warrant that, other than the Excluded Claims, I am you are not aware of any claims I you have or might have against any of the Released Parties that are not included in the Released Claims.

Appears in 5 contracts

Samples: Separation and Consulting Agreement (Orexigen Therapeutics, Inc.), Separation and Consulting Agreement (Acelrx Pharmaceuticals Inc), Separation Agreement (Optimer Pharmaceuticals Inc)

Excluded Claims. Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (1) any rights or claims for indemnification I may have pursuant to any written indemnification agreement with the Company to which I am a party, the Company’s bylaws, or applicable law; and (2) any rights which are not waivable as a matter of law. In addition, nothing in this Release and Waiver prevents me from filing, cooperating with, or participating in any investigation or proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, or any other government agency, except that I hereby waive my right to any monetary benefits in connection with any such claim, charge, investigation or proceeding. I hereby represent and warrant that, other than the Excluded Claims, I am not aware of any claims I have or might have against any of the Released Parties that are not included in the Released Claims.

Appears in 4 contracts

Samples: Employment Agreement (Xencor Inc), Executive Employment Agreement (Xencor Inc), Employment Agreement (Xencor Inc)

Excluded Claims. Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (1a) any rights or claims for indemnification I may have pursuant to any written indemnification agreement with the Company to which I am a party, the Company’s bylaws, or applicable law; and (2b) any rights which are not waivable as a matter of law. In addition, nothing in this Release and Waiver prevents me from filing, cooperating with, or participating in any investigation or proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, or any other government agency, except that I hereby waive my right to any monetary benefits in connection with any such claim, charge, investigation or proceeding. I hereby represent and warrant that, other than the Excluded Claims, I am not aware of any claims I have or might have against any of the Released Parties that are not included in the Released Claims.. Xxxx X. Xxxxxx

Appears in 2 contracts

Samples: Employment Agreement (Celladon Corp), Employment Agreement (Celladon Corp)

Excluded Claims. Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (1a) any rights or claims for indemnification I may have pursuant to any written indemnification agreement with the Company to which I am a party, the Company’s bylaws, or applicable law; and (2b) any rights which are not waivable as a matter of law. In addition, nothing in this Release and Waiver prevents me from filing, cooperating with, or participating in any investigation or proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, or any other government agency, except that I hereby waive my right to any monetary benefits in connection with any such claim, charge, investigation or proceeding. I hereby represent and warrant that, other than the Excluded Claims, I am not aware of any claims I have or might have against any of the Released Parties that are not included in the Released Claims.. Xxxxxxx Xxxxxxx

Appears in 2 contracts

Samples: Employment Agreement (Celladon Corp), Employment Agreement (Celladon Corp)

Excluded Claims. Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (1a) any rights or claims for indemnification I may have pursuant to any written indemnification agreement with the Company to which I am a party, the Company’s bylaws, or applicable law; and (2b) any rights which are not waivable as a matter of law. In addition, nothing in this Release and Waiver prevents me from filing, cooperating with, or participating in any investigation or proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, or any other government agency, except that I hereby waive my right to any monetary benefits in connection with any such claim, charge, investigation or proceeding. I hereby represent and warrant that, other than the Excluded Claims, I am not aware of any claims I have or might have against any of the Released Parties that are not included in the Released Claims.. Xxxxxxxxx X. Xxxxx, Ph.D.

Appears in 2 contracts

Samples: Employment Agreement (Celladon Corp), Employment Agreement (Celladon Corp)

Excluded Claims. Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (1i) any rights or claims for indemnification I may you have pursuant to any written indemnification agreement with the Company to which I am a partyIndemnity Agreement, the Company’s charter, bylaws, or operating agreements of the Company, or under applicable law; and (2ii) any rights or claims which are not waivable as a matter of law; and (iii) any claims for breach of this Agreement. In addition, nothing in this Release and Waiver Agreement prevents me you from filing, cooperating with, or participating in any investigation or proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, or any other government agency, except that I you acknowledge and agree that you are hereby waive my waiving your right to any monetary benefits in connection with any such claim, charge, investigation charge or proceeding. I You hereby represent and warrant that, other than the Excluded Claims, I am you are not aware of any claims I you have or might have against any of the Released Parties that are not included in the Released Claims.

Appears in 2 contracts

Samples: Transition and Retirement Agreement, Transition and Retirement Agreement (Onyx Pharmaceuticals Inc)

Excluded Claims. Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (1a) any rights or claims for indemnification I may have pursuant to any written indemnification agreement with the Company to which I am a party, the Company’s bylaws, or applicable law; and (2b) any rights which are not waivable as a matter of law. In addition, nothing in this Release and Waiver prevents me from filing, cooperating with, or participating in any investigation or proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, or any other government agency, except that I hereby waive my right to any monetary benefits in connection with any such claim, charge, investigation or proceeding. I hereby represent and warrant that, other than the Excluded Claims, I am not aware of any claims I have or might have against any of the Released Parties that are not included in the Released Claims.. Xxxxxxxx Xxxx

Appears in 2 contracts

Samples: Employment Agreement (Celladon Corp), Employment Agreement (Celladon Corp)

Excluded Claims. Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (1a) any rights or claims for indemnification I may have pursuant to any written indemnification agreement with the Company to which I am a party, the Company’s bylaws, or applicable law; and (2b) any rights which are not waivable as a matter of law. In addition, nothing in this Release and Waiver prevents me from filing, cooperating with, or participating in any investigation or proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, or any other government agency, except that I hereby waive my right to any monetary benefits in connection with any such claim, charge, investigation or proceeding. I hereby represent and warrant that, other than the Excluded Claims, I am not aware of any claims I have or might have against any of the Released Parties that are not included in the Released Claims.. Xxxxxxx X. Xxxx

Appears in 2 contracts

Samples: Employment Agreement (Celladon Corp), Employment Agreement (Celladon Corp)

Excluded Claims. Notwithstanding the foregoing, the following are not included in the Released Claims (the “Excluded Claims”): (1a) any rights or claims for indemnification I may have pursuant to any written indemnification agreement with the Company to which I am a party, the Company’s bylaws, or applicable law; and (2b) any rights which are not waivable as a matter of law. In addition, nothing in this Release and Waiver prevents me from filing, cooperating with, or participating in any investigation or proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, or any other government agency, except that I hereby waive my right to any monetary benefits in connection with any such claim, charge, investigation or proceeding. I hereby represent and warrant that, other than the Excluded Claims, I am not aware of any claims I have or might have against any of the Released Parties that are not included in the Released Claims.

Appears in 2 contracts

Samples: Employment Agreement (Celladon Corp), Employment Agreement (Celladon Corp)

Excluded Claims. Notwithstanding the foregoing, the following are I am not included in the Released Claims (the “Excluded Claims”): (1) releasing any rights or claims for right of indemnification I may have pursuant to any fully signed written indemnification agreement with the Company to which I am a party, the Company’s charter, bylaws, or operating agreements of the Company, or under applicable law; and (2) I am not releasing any rights or claims which are not waivable as a matter of law; and I am not releasing any claims for breach of the Separation Agreement arising after the date that I sign this General Release (collectively, the “Excluded Claims”). In addition, I understand that nothing in this General Release and Waiver prevents me from filing, cooperating with, or participating in any investigation or proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, or any other government agency, except that I acknowledge and agree that I hereby waive my right to any monetary benefits in connection with any such claim, charge, investigation charge or proceeding. I hereby represent and warrant that, other than the Excluded Claims, I am not aware of any claims I have or might have against any of the Released Parties that are not included in the Released Claims.

Appears in 1 contract

Samples: Separation Agreement (Biocept Inc)