Common use of Exclusion for Certain Claims Clause in Contracts

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. Employee understands that nothing contained in this Agreement limits Employee’s ability to file a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). Employee further understands that this Agreement does not limit Employee’s 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 Merit. This Agreement does not limit Employee’s right to receive an award for information provided to any Government Agencies. 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, Employer Kellogg and Employee agree that the release set forth in Section 4 given above shall not apply to any claims arising after the date Employee signs this Agreement, nor shall anything herein prevent . Kellogg and Employee also agree that nothing in this Agreement prevents Employee or Employer 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’ compensation, statutory unemployment benefits, or statutory disability benefits), including those claims referred to in Paragraph 7 of Exhibit A. In addition, Employee understands and Kellogg agree that nothing contained in this Agreement limits Employee’s ability shall be construed to file 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 complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission otherwise cooperating or participating in an investigation or proceeding conducted by any other federal, state or local governmental agency or commission (“Government Agencies”)agency. Employee further understands that this Agreement does not limit Employee’s 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 Merit. This Agreement does not limit Employee’s right to receive an award for information provided to any Government Agencies. 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 waivingwaiving 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 behalf of Employee and Employee’s attorneysbehalf; provided, all claims for fees that nothing in this Agreement shall prohibit Employee from receiving any monetary award to which Employee becomes entitled pursuant to Section 922 of the ▇▇▇▇- ▇▇▇▇▇ ▇▇▇▇ Street Reform and expenses and court costsConsumer Protection Act.

Exclusion for Certain Claims. Notwithstanding the foregoing, Employer Kellogg and Employee agree that the release set forth in Section 4 given above shall not apply to any claims arising after the date Employee signs this Agreement, nor shall anything herein prevent . Kellogg and Employee also agree that nothing in this Agreement prevents Employee or Employer 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 understands and Kellogg agree that nothing contained in this Agreement limits Employee’s ability shall be construed to file 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 complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission otherwise cooperating or participating in an investigation or proceeding conducted by any other federal, state or local governmental agency or commission (“Government Agencies”)agency. Employee further understands that this Agreement does not limit Employee’s 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 Merit. This Agreement does not limit Employee’s right to receive an award for information provided to any Government Agencies. 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 waivingwaiving 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 behalf of Employee and Employee’s attorneysbehalf; provided, all claims for fees that nothing in this Agreement shall prohibit Employee from receiving any monetary award to which Employee becomes entitled pursuant to Section 922 of the ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇ Street Reform and expenses and court costsConsumer Protection Act.

Exclusion for Certain Claims. Notwithstanding the foregoing, Employer Kellogg and Employee agree that the release set forth in Section 4 given above shall does not apply to any claims arising after the date Employee signs this Agreement, nor shall anything herein prevent . Kellogg and Employee also agree that nothing in this Agreement prevents Employee or Employer 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 16 below. In addition, Employee understands and Kellogg agree that nothing contained in this Agreement limits Employee’s ability shall be construed to file 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 complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission otherwise cooperating or participating in an investigation or proceeding conducted by any other federal, state or local governmental agency or commission (“Government Agencies”)agency. Employee further understands that this Agreement does not limit Employee’s 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 Merit. This Agreement does not limit Employee’s right to receive an award for information provided to any Government Agencies. 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 waivingwaiving 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 behalf of Employee and Employee’s attorneysbehalf provided, all claims for fees that nothing in this Agreement shall prohibit Employee from receiving any monetary award to which Employee becomes entitled pursuant to Section 922 of the ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇ Street Reform and expenses and court costsConsumer Protection Act.

Exclusion for Certain Claims. Notwithstanding the foregoing, Employer Employee and Employee Company agree that the release set forth in Section 4 above Paragraph 6 shall not apply to (i) any claims arising after the date Employee signs this Agreement, (ii) any claims under the Eligible Equity Awards and (iii) any claims under the Company’s Directors and Officers insurance policy (“D&O Policy”), nor shall anything herein prevent Employee or Employer 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 Paragraph 6(a) shall not prevent Employee understands that nothing contained in this Agreement limits Employee’s ability to file from filing a charge or complaint with the Equal Employment Opportunity CommissionCommission (“EEOC”), the National Labor Relations BoardBoard (“NLRB”), the Occupational Safety and Health AdministrationAdministration (“OSHA”), the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government AgenciesSEC”), or the Pennsylvania Human Relations Commission (“PHRC”). The Parties further agree that nothing in this Agreement, including any confidentiality or non-disparagement provisions, prevents Employee further understands that this Agreement does not limit Employee’s ability from making truthful reports or disclosures to communicate with any Government Agencies Agency, which includes any agency or entity of federal, state, or local government, or otherwise participate participating in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information. Employee, without notice however, understands that by signing this Agreement, Employee waives the right to Merit. This Agreement does not limit recover any damages or to receive other relief in any claim or suit brought by or through the EEOC, NLRB, PHRC or any other state or local deferral agency on Employee’s right to receive an award for information provided to any Government Agencies. Notwithstanding the foregoing, Employee agrees thatbehalf, to the full fullest extent allowed permitted by law. This release does not extend to claims that are non-waivable under the law. Upon Employee’s Reaffirmation of this Agreement following the Separation Date, Employee is not entitled to specifically acknowledges and hereby waives any right to recover agrees that Employee has been paid all wages and other compensation, damagesincluding but not limited to commission, bonuses, incentive pay, medical expenses, or any other form benefits owed as of relief of any type the Separation Date, and that Employee has no further 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 Agreementadditional compensation claims against Company. 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, to the fullest extent permitted by law.