Common use of Exclusions from General Release Clause in Contracts

Exclusions from General Release. Notwithstanding the generality of Section 1, Executive does not release the following claims and rights: (a) Executive’s rights to the benefits of Section 6.6.2 of the Employment Agreement; (b) Executive’s rights as a shareholder and option holder in the Company (c) any claims for unemployment compensation or any state disability insurance benefits pursuant to the terms of applicable state law; (d) claims to continued participation in certain of the Company’s group benefit plans pursuant to the terms and conditions of the federal law known as COBRA or the comparable California law known as Cal-COBRA; (e) any rights vested prior to the date of Executive’s termination of employment to benefits under any Company-sponsored retirement or welfare benefit plan; (f) Executive’s rights, if any, to indemnity and/or advancement of expenses pursuant to applicable state law, the Company’s articles, bylaws or other corporate governance documents, and/or to the protections of any director’ and officers’ liability policies of the Company or any of its affiliates; and (g) any other right that may not be released by private agreement. (collectively, the “Executive Unreleased Claims”).

Exclusions from General Release. Notwithstanding the generality of Section 1, Executive does not release the following claims and rights: (a) Executive’s rights to the benefits of Section 6.6.2 of under the Employment Agreement; (b) Executive’s rights as a shareholder and option holder in the CompanyCorporation or the holder of an outstanding equity compensation award; (c) any claims for unemployment compensation or any state disability insurance benefits pursuant to the terms of applicable state law; (d) claims to continued participation in certain of the CompanyCorporation’s group benefit plans pursuant to the terms and conditions of the federal law known as COBRA or the comparable California law known as Cal-COBRA; (e) any rights vested prior to the date of Executive’s termination of employment to benefits under any CompanyCorporation-sponsored retirement or welfare benefit plan; (f) Executive’s rights, if any, to indemnity and/or advancement of expenses pursuant to applicable state law, the CompanyCorporation’s articles, bylaws or other corporate governance documents, indemnification agreement and/or to the protections of any director’ and officers’ liability policies of the Company Corporation or any of its affiliates; and (g) any other right that may not be released by private agreement. (collectively, the “Executive Unreleased Claims”).

Exclusions from General Release. Notwithstanding the generality of Section 1, Executive does not release the following claims and rights: (a) Executive’s rights to the benefits of Section 6.6.2 of under the Employment Agreement; (b) Executive’s rights as a shareholder and option holder in the CompanyCorporation or the holder of an outstanding equity compensation award; (c) any claims for unemployment compensation or any state disability insurance benefits pursuant to the terms of applicable state law; (d) claims to continued participation in certain of the CompanyCorporation’s group benefit plans pursuant to the terms and conditions of the federal law known as COBRA or the comparable California law known as Cal-COBRA; (e) any rights vested prior to the date of Executive’s termination of employment to benefits under any CompanyCorporation-sponsored retirement or welfare benefit plan; (f) Executive’s rights, if any, to indemnity and/or advancement of expenses pursuant to applicable state law, the CompanyCorporation’s articles, bylaws or other corporate governance documents, and/or to the protections of any director’ and officers’ liability policies of the Company Corporation or any of its affiliates; and (g) any other right that may not be released by private agreement. (collectively, the “Executive Unreleased Claims”).