Common use of Exclusion for Certain Claims Clause in Contracts

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’ 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, 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- Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act.

Exclusion for Certain Claims. Notwithstanding the foregoing, Kellogg Employer and Employee agree that the release given set forth in Section 4 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 , nor shall anything herein prevent Employee or the Company, Global Snack Co or Employee’s Post-Transaction Employer, if different, 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 challenge complaint with the Agreement’s validity under Equal Employment Opportunity Commission, the Age Discrimination in Employment ActNational Labor Relations Board, as amendedthe Occupational Safety and Health Administration, the Securities and Exchange Commission 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 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 agencygovernmental 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 the right to recover monetary damages or other individual relief in connection with any such chargewaiving, or investigation or in any proceeding brought by on behalf of Employee or on and Employee’s behalf; providedattorneys, 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 all claims for fees and Consumer Protection Act.expenses and court costs

Exclusion for Certain Claims. Notwithstanding the foregoing, Kellogg and Employee agree that the release given above shall does 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, 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 7 of Exhibit A. 16 below. 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; 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- Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act.

Exclusion for Certain Claims. Notwithstanding the foregoing, Kellogg Employee and Employee Company agree that the release given above set forth in Paragraph 6 shall not apply to (i) any claims arising after the date Employee signs this Agreement. Kellogg , (ii) any claims under the Eligible Equity Awards and Employee also agree that nothing in this Agreement prevents (iii) any claims under the Company’s Directors and Officers insurance policy (“D&O Policy”), nor shall anything herein prevent Employee or the Company, Global Snack Co or Employee’s Post-Transaction Employer, if different, Company from instituting any action to enforce the terms of this Agreement or challenge Agreement. The Parties agree and acknowledge that the Agreement’s validity under the Age Discrimination in Employment Act, as amended, or any other right or recovery that cannot by express release 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 waiver set forth in Paragraph 7 of Exhibit A. In addition, Employee and Kellogg agree that nothing in this Agreement 6(a) shall be construed to not 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 (“EEOC”), the National Labor Relations Board (“NLRB”), the Occupational Safety and Health Administration (“OSHA”), the Securities and Exchange Commission (“SEC”), 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 from making truthful reports or disclosures to any Government Agency, which includes any agency or entity of federal, state, or local government, or otherwise cooperating or participating in an any investigation or proceeding that may be conducted by any federalGovernment Agency, including providing documents or other information. Employee, however, understands that by signing this Agreement, Employee waives the right to 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 agencydeferral agency on Employee’s behalf, to the fullest extent 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 specifically acknowledges and agrees that Employee has been paid all wages and other compensation, including but not limited to commission, bonuses, incentive pay, medical expenses, or other benefits owed as of the Separation Date, and that Employee has no further or additional compensation claims against Company. Employee understands further specifically acknowledges and agrees that Employee is waiving the right to recover monetary damages or other individual relief in connection with any such chargewaiving, or investigation or in any proceeding brought by on behalf of Employee or on and Employee’s behalf; providedattorneys, that nothing in this Agreement shall prohibit Employee from receiving any monetary award all claims for fees and expenses and court costs, to which Employee becomes entitled pursuant to Section 922 of the Xxxx- Xxxxx Xxxx Street Reform and Consumer Protection Actfullest extent permitted by law.