Exclusion for Certain Claims. Notwithstanding the foregoing, the Company and Employee agree that the releases set forth in Sections 1 and 2 above do not apply to any claims arising after the Employee’s termination date, nor does anything herein prevent Employee or the Company from instituting any action to enforce the terms of this Agreement. The Parties agree and acknowledge that the release and waiver set forth in Sections 1 and 2 above do not prevent Employee from filing a charge of discrimination with or from participating or otherwise cooperating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other comparable federal, state, or local agency relating to any claim or allegation of unlawful discrimination, harassment or retaliation. Notwithstanding the foregoing, Employee agrees that, to the full extent allowed by law, Employee is not entitled to and hereby waives any right to recover compensation, damages, or any other form of relief of any type or kind and/or reinstatement to employment that may be awarded or ordered by any court or administrative agency to or for Employee’s benefit arising from or relating to any Claim(s) released by Employee under this Agreement. Employee further specifically acknowledges and agrees that Employee is waiving, on behalf of Employee and Employee’s attorneys, all claims for fees and expenses and court costs.
Exclusion for Certain Claims. Notwithstanding the foregoing, Kellogg and Employee agree that the Release shall not apply to any claims arising after the date Employee signs this Agreement, nor shall anything herein prevent Employee or the Company from instituting any action to enforce the terms of this Agreement. In addition, Employee and Kellogg agree that nothing herein shall be construed to prevent Employee from enforcing any rights Employee may have under the Employee Retirement Income Security Act of 1974 to recover any vested benefits.
Exclusion for Certain Claims. XXXXXXX and MEDQUIST understand and agree that the release in Paragraph 6 shall not apply to any claims, including any claims under ADEA, arising after the effective date of this Agreement, nor shall anything herein prevent any party from instituting any action to enforce the terms of this Agreement.
Exclusion for Certain Claims. Notwithstanding the foregoing, Kellogg and Employee agree that the release given above shall not apply to any claims arising after the date Employee signs this Agreement. Kellogg and Employee also agree that nothing in this Agreement prevents Employee or the Company, Global Snack Co or Employee’s Post-Transaction Employer, if different, from instituting any action to enforce the terms of this Agreement or challenge the Agreement’s validity under the Age Discrimination in Employment Act, as amended, or any other right or recovery that cannot by express and unequivocal terms of law, be limited, waived or extinguished or released (such as claims for workers’ {{Int_es_:signer1:initials}} 493423 SREV compensation, statutory unemployment benefits, or statutory disability benefits), including those claims referred to in Paragraph 7 of Exhibit A. In addition, Employee and Kellogg agree that nothing in this Agreement shall be construed to prevent Employee from enforcing any rights Employee may have under the Employee Retirement Income Security Act of 1974 to recover vested benefits or to prohibit Employee from filing a charge or otherwise cooperating or participating in an investigation or proceeding conducted by any federal, state or local agency. Employee understands and agrees that Employee is waiving the right to recover monetary damages or other individual relief in connection with any such charge, or investigation or in any proceeding brought by Employee or on Employee’s behalf; provided, that nothing in this Agreement shall prohibit Employee from receiving any monetary award to which Employee becomes entitled pursuant to Section 922 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act.
Exclusion for Certain Claims. Notwithstanding the foregoing, the Company and the Executive agree that the release set forth in Section 9 shall not apply to any claims arising after the date the Executive signs this Agreement, nor shall anything herein prevent the Executive or the Company from instituting any action to enforce the terms of this Agreement. In addition, the Executive and the Company agree that nothing herein shall be construed to prevent the Executive from enforcing his rights, if any, under the Employee Retirement Income Security Act of 1974, to recover any vested benefits. Further, the Executive and the Company agree that nothing herein shall preclude the Executive from challenging the validity of the Agreement under the ADEA. Finally, the parties agree and acknowledge that the release set forth in Section 9 shall not be construed to prevent the Executive from participating in or cooperating with any state or federal agency investigation or charge of discrimination. However, the Executive understands and agrees that he is releasing the Company from any and all claims by which he is giving up the opportunity to recover any compensation, damages, or any other form of relief in any proceeding brought by him or on his behalf.
Exclusion for Certain Claims. Notwithstanding the foregoing, Employer and Employee agree that the release set forth in Section 4 above shall not apply to any claims arising after the date Employee signs this Agreement, nor shall anything herein prevent Employee or Employer from instituting any action to enforce the terms of this Agreement. The Parties agree and acknowledge that the release and waiver set forth in Section 4 above shall not prevent Employee from participating in or cooperating with any state or federal agency, including the Equal Employment Opportunity Commission (“EEOC”), investigation or charge of discrimination. The Parties further agree and acknowledge that nothing in the Agreement prevents or prohibits Employee from filing a charge of discrimination with a state or federal agency, including the EEOC or the Utah Antidiscrimination & Labor Division (“UALD”). However, Employee understands and agrees that Employee is releasing Employer from any and all claims by which Employee is giving up the opportunity to recover any compensation, damages, or any other form of relief in any proceeding brought by Employee or on Employee’s behalf. This release does not extend to claims that are non-waivable under the law. Employee specifically acknowledges and agrees that Employee has been paid all wages, overtime, commissions, or other compensation owed as of the Departure Date, and that Employee has no further or additional compensation claims against Employer. Employee further specifically acknowledges and agrees that Employee is waiving, on behalf of Employee and Employee’s attorneys, all claims for fees and expenses and court costs.
Exclusion for Certain Claims. Notwithstanding the provisions above, the Corporation and Employee (collectively referenced as the “Parties”) agree that this Release shall not apply to any unpaid salary, accrued vacation or expense reimbursements payable under the Corporation policies or applicable law based upon services performed prior to the date of termination of my employment with the Corporation (“Date of Termination”); any entitlements under Sections 4.1(a) through (f) in the Change in Control Agreement dated [applicable date] between myself and the Corporation; any claims that I may have against the Corporation or third parties pursuant to directors’ and officers’ insurance policies of the Corporation that provide coverage in connection with my role as an officer of the Corporation, whether in effect before or after the date of this Release; any claims that I may have against the Corporation in respect of indemnification or contribution obligations of the Corporation pursuant to any indemnification agreement entered into between myself and the Corporation or by law or the Corporation’s bylaws; any claims arising after the effective date of this Release; any claims which may not, as a matter of law, be released; any claims to enforce rights, if any, under ERISA to recover any vested benefits; and any claims to enforce any provision of this Release or any alleged breach of this Release by the Corporation.
Exclusion for Certain Claims. Notwithstanding the foregoing, Executive and the Company agree that the release in Paragraphs 3(a) and 3(b) shall not apply to any claims arising after the date Executive signs this Agreement, nor shall anything herein prevent Executive from instituting any action to enforce the terms of this Agreement. Executive and the Company further agree that the release in this Paragraph 3 shall not apply to any claims Executive may have to indemnification as an officer, director or employee under applicable law or the governing documents of the Company or any insurance policies of the Company, or any claims which may not, as a matter of law, be released. In addition, Executive and the Company agree that nothing herein shall be construed to prevent Employee from enforcing rights, if any, under ERISA to recover any vested benefits.
Exclusion for Certain Claims. Notwithstanding the foregoing, Kellogg and Employee agree that the release given above shall not apply to any claims arising after the date Employee signs this Agreement. Kellogg and Employee also agree that nothing in this Agreement prevents Employee or the Company from instituting any action to enforce the terms of this Agreement or challenge the Agreement’s validity under the Age Discrimination in Employment Act, as amended, or any other right or recovery that cannot by express and unequivocal terms of law, be limited, waived or extinguished or released (such as claims for workers’ compensation, statutory unemployment benefits, or statutory disability benefits), including those claims referred to in Paragraph 20 below. In addition, Employee and Kellogg agree that nothing herein shall be construed to prevent Employee from enforcing any rights Employee may have under the Employee Retirement Income Security Act of 1974 to recover vested benefits, or to prohibit Employee from filing a charge or otherwise cooperating or participating in an investigation or proceeding conducted by any federal, state or local agency. Employee understands and agrees that Employee is waiving the right to recover monetary damages or other individual relief in connection with any such charge, or investigation or in any proceeding brought by Employee or on Employee’s behalf.
Exclusion for Certain Claims. Notwithstanding the foregoing, the Parties agree that the release in this Section 5 does not apply to any unpaid salary, unused vacation, unreimbursed business expenses, notice pay, Continuation Benefits, Relocation Payment, or any Claims arising after the date Executive signs this Agreement, nor shall anything herein prevent Executive from instituting any action to enforce the terms of this Agreement. The Parties further agree that the release in this Section 5 does not apply to any indemnification rights that Executive may have has an officer or director under any Company Group by-laws, insurance policies or applicable law or any claims that may not, as a matter of law, be released. In addition, the Parties agree that nothing herein shall be construed to prevent the Executive from enforcing rights, if any, under ERISA to recover any vested benefits.
