Common use of Exclusions from Release of Claims and Covenant Not to Xxx Clause in Contracts

Exclusions from Release of Claims and Covenant Not to Xxx. (a) Employee understands and agrees that nothing in this Separation Agreement limits his right to bring an action to enforce the terms of this Separation Agreement. (b) Employee understands and agrees that the Release contained in Section 3 and its subparagraphs above does not include a waiver of any claims which cannot be waived by law, or any accrued, vested rights he may have in any existing Company tax-qualified retirement plan or other benefit plans in accordance with the terms of such plans and applicable law. Furthermore, he understands that nothing in this Separation Agreement will preclude him from purchasing continuation health benefits coverage under the Company’s group healthcare plans, to the extent he is otherwise eligible and for the period provided by law under COBRA and/or any similar state law and that he will be provided with continuation health benefits coverage information under separate cover letter following his Separation Date. (c) Employee understands and agrees that this Separation Agreement does not limit his right to bring an action to contest the validity of the release he has signed under the ADEA or the OWBPA. (d) Employee understands and agrees that nothing in this Separation Agreement prevents him from filing, cooperating with, or participating in any proceeding before the United States Equal Employment Opportunity Commission (“EEOC”) or any similar state or local fair employment practices agency. However, Employee expressly waives his right to any individual monetary award, injunctive relief, or other recovery should any federal, state or local administrative agency pursue any claims on his behalf arising out of or relating to his employment with and/or separation from employment from any Released Party. This means that by signing this Separation Agreement, Employee will have waived any right he had to bring a lawsuit or obtain an individual recovery if an administrative agency pursues a claim against any of the Released Parties based on any actions taken by any of them up to the date he signs this Separation Agreement and, should he be awarded money damages or any other remuneration or relief, he hereby unconditionally assigns to the Company any right or interest he may have to receive the same. (e) Employee understands and agrees that nothing in this Separation Agreement prohibits him from filing a claim to collect any benefits available to him under the New Jersey Unemployment Compensation Law, or from collecting any award of benefits granted to him in accordance with that law, following his Separation Date.

Exclusions from Release of Claims and Covenant Not to Xxx. The release set forth in Section 3 and its subparagraphs above: (a) Employee understands and agrees that nothing in this Separation Agreement limits his does not limit Employee’s right to bring an any action to enforce the terms of this Separation Release or the Agreement. , or for to recover for breach of the foregoing; (b) Employee understands and agrees that the Release contained in Section 3 and its subparagraphs above does not include a waiver of any claims which cannot be waived by law, waive Employee’s right to purchase or any accrued, vested rights he may have in any existing Company tax-qualified retirement plan or other benefit plans in accordance with the terms of such plans and applicable law. Furthermore, he understands that nothing in this Separation Agreement will preclude him from purchasing continue to purchase continuation health benefits coverage to the extent he and his eligible dependents are eligible for such coverage under law or waive Employee’s right to continued life insurance benefits under the Company’s group healthcare plans, plan (to the extent he is otherwise eligible and for the period provided by law permitted under COBRA and/or any similar state law and that he will be provided with continuation health benefits coverage information under separate cover letter following his Separation Date. such employee benefit plan); (c) Employee understands and agrees that this Separation Agreement does not limit his right to bring an action to contest the validity of the release he has signed under the ADEA or the OWBPA. (d) Employee understands and agrees that nothing in this Separation Agreement prevents prohibit him from filing, cooperating with, with or participating in any proceeding before with the United States Equal Employment Opportunity Commission (“EEOC”) ), the National Labor Relations Board (“NLRB”), or any similar state or local fair employment practices agency. However, Employee expressly waives his right to any individual monetary award, injunctive relief, or other recovery should any federal, state or local administrative board or agency, although he does waive his right to recover any payments or other relief from the Company that any such board or agency may pursue any claims or obtain on his behalf arising out of or relating to behalf; (d) does not waive his employment with and/or separation from employment from vested rights in any Released Party. This means that by signing this Separation Agreement, Employee will have waived any right he had to bring a lawsuit or obtain an individual recovery if an administrative agency pursues a claim against any of the Released Parties based on any actions taken by any of them up to the date he signs this Separation Agreement and, should he be awarded money damages or any other remuneration or relief, he hereby unconditionally assigns to the Company any right or interest he may have to receive the same. 401(k) plan; and (e) Employee understands and agrees that nothing in this Separation Agreement prohibits does not prohibit him from filing a any claim to collect any benefits available to him under with the New Jersey Unemployment Compensation Law, Department of Labor & Workforce Development for unemployment compensation benefits or from collecting any award of unemployment compensation benefits granted to him him; (f) does not affect any of Employee’s rights with respect to Vested Options, or Employee’s ownership interests in accordance with the Company’s shares, if any, that Employee continues to hold following the Separation Date; (g) does not affect Employee’s rights to indemnification and advancement of legal fees or insurance coverage Employee may have before or after the Separation Date, including, without limitation, any rights under governing statutory law or common law, following his Separation Dateany indemnification agreement, the Company’s organizational documents, including its certificate of incorporation and bylaws, or any “D&O coverage,” that Employee may have with respect to any claims made or threatened against Employee in Employee’s capacity as a current or former director, officer or employee of the Company or any of its affiliates; and (h) does not affect any claims for contribution in the event Employee and any of the Releasees are found to be jointly liable.

Exclusions from Release of Claims and Covenant Not to Xxx. The Parties agree that the release set forth in Section 6 and its subparagraphs above: (a) Employee understands and agrees that nothing in this Separation Agreement limits his does not limit Employee’s right to bring an any action to enforce the terms of this Separation Agreement. Agreement or to recover for the breach thereof; (b) Employee understands and agrees that the Release contained in Section 3 and its subparagraphs above does not include a waiver of any claims which cannot be waived by law, waive Employee’s right to purchase or any accrued, vested rights he may have in any existing Company tax-qualified retirement plan or other benefit plans in accordance with the terms of such plans and applicable law. Furthermore, he understands that nothing in this Separation Agreement will preclude him from purchasing continue to purchase continuation health benefits coverage to the extent he and his eligible dependents are eligible for such coverage under law or waive Employee’s right to continued life insurance benefits under the Company’s group healthcare plans, plan (to the extent he is otherwise eligible and for the period provided by law permitted under COBRA and/or any similar state law and that he will be provided with continuation health benefits coverage information under separate cover letter following his Separation Date. such employee benefit plan); (c) Employee understands and agrees that this Separation Agreement does not limit his right to bring an action to contest the validity of the release he has signed under the ADEA or the OWBPA. (d) prohibit Employee understands and agrees that nothing in this Separation Agreement prevents him from filing, cooperating with, with or participating in any proceeding before with the United States Equal Employment Opportunity Commission (“EEOC”) ), the National Labor Relations Board (“NLRB”), or any similar state or local fair employment practices agency. However, Employee expressly waives his right to any individual monetary award, injunctive relief, or other recovery should any federal, state or local administrative board or agency, although he does waive his right to recover any payments or other relief from the Company that any such board or agency may pursue any claims or obtain on his behalf arising out of behalf; (d) does not waive Employee’s vested rights in any 401(k) plan or relating his right to his employment with and/or separation from employment from any Released Party. This means that by signing this Separation Agreement, Employee will have waived any right he had contribute or for firm contributions to bring a lawsuit such plan for periods worked on or obtain an individual recovery if an administrative agency pursues a claim against any of the Released Parties based on any actions taken by any of them up prior to the date he signs this Separation Agreement and, should he be awarded money damages or any other remuneration or relief, he hereby unconditionally assigns to the Company any right or interest he may have to receive the same. Date; (e) does not prohibit Employee understands and agrees that nothing in this Separation Agreement prohibits him from filing a any claim to collect any benefits available to him under with the New Jersey Unemployment Compensation Law, Department of Labor &Workforce Development for unemployment compensation benefits or from collecting any award of unemployment compensation benefits granted to him him; (f) does not affect any of Employee’s rights with respect to Vested Options, or Employee’s ownership interests in accordance with the Company’s shares, if any, that Employee continues to hold following the Effective Date; (g) does not affect Employee’s rights to indemnification and advancement of legal fees or insurance coverage Employee may have before or after the Effective Date or the Separation Date, including, without limitation, any rights under governing statutory law or common law, following his Separation Dateany indemnification agreement, the Company’s organizational documents, including its certificate of incorporation and bylaws, or any “D&O coverage,” that Employee may have with respect to any claims made or threatened against Employee in Employee’s capacity as a current or former director, officer or employee of the Company or any of its affiliates; and (h) does not affect any claims for contribution in the event Employee and any of the Releasees are found to be jointly liable or otherwise.

Exclusions from Release of Claims and Covenant Not to Xxx. (a) Employee understands The parties understand and agrees agree that nothing in this Separation Agreement Supplemental Release limits his your right to bring an action to enforce the terms of this Supplemental Release or the Separation Agreement. (b) Employee understands The parties understand and agrees agree that the Release release contained in Section 3 1 and its subparagraphs above does not include a waiver of any claims which cannot be waived by law, or law and does not include a waiver of any accrued, vested rights he you may have in any existing Company tax-qualified 401(k) plan or Company retirement plan or other Company benefit plans in accordance with the terms of such plans and applicable law. Furthermoreplan, he understands that nothing in this Separation Agreement nor will it preclude him you from purchasing continuation health benefits coverage for yourself and/or your dependents under the Company’s group healthcare plans, continuation health benefits policies to the extent he is you and your dependents are otherwise eligible and for the period provided by law under COBRA and/or any similar state law and that he will be provided with continuation health benefits coverage information under separate cover letter following his Separation DateCOBRA. (c) Employee understands The parties understand and agrees agree that this Separation Agreement Supplemental Release does not limit his right any statutory rights you may have to bring an action to challenge the terms of this Supplemental Release or contest the validity of the release he has signed contained in this Supplemental Release under the ADEA or the OWBPA. (d) Employee understands The parties understand and agrees agree that nothing in this Separation Agreement Supplemental Release prevents him you from filing, cooperating with, or participating in any proceeding before the United States Equal Employment Opportunity Commission (“EEOC”) ), the National Labor Relations Board (“NLRB”), or any similar state or local fair employment practices agencyagency or labor board. However, Employee you understand that by signing this Supplemental Release, you are expressly waives his waiving your right to any individual monetary award, injunctive relief, or other recovery for any alleged personal injury or other harm should any federal, state or local administrative agency or labor board pursue any claims on his your behalf arising out of or relating to his your employment with and/or separation from employment from any Released Party. This means You also understand that by signing this Separation Agreement, Employee Supplemental Release you will have waived waive any right he you have or had to bring a lawsuit or obtain an individual recovery if an administrative agency or labor board pursues a claim against any of the Released Parties based on any actions taken by any of them up to the date he signs you sign this Separation Agreement Supplemental Release and, should he you be awarded money damages or any other remuneration or relief, he you agree that you are hereby unconditionally assigns assigning to the Company any right or interest he may you have to receive the same. (e) Employee understands The parties understand and agrees agree that nothing in this Separation Agreement Supplemental Release prohibits him you from filing a claim to collect any unemployment compensation benefits available to him you under the New Jersey Unemployment Compensation Law, applicable state unemployment insurance compensation law or from collecting any award of benefits granted to him you in accordance with that law, following his Separation Date.

Exclusions from Release of Claims and Covenant Not to Xxx. (a) Employee understands The parties understand and agrees agree that nothing in this Separation Agreement limits his your right to bring an action to enforce the terms of this Separation Agreement. (b) Employee understands The parties understand and agrees agree that the Release contained in Section 3 and its subparagraphs above does not include a waiver of any claims which cannot be waived by law, or law and does not include a waiver of any accrued, vested rights he you may have in any existing Company tax-qualified 401(k) plan or Company retirement plan or other Company benefit plans in accordance with the terms of such plans and applicable law. Furthermoreplan, he understands that nothing in this Separation Agreement nor will it preclude him you from purchasing continuation health benefits coverage for yourself and/or your dependents under the Company’s group healthcare plans, continuation health benefits policies to the extent he is you and your dependents are otherwise eligible and for the period provided by law under COBRA and/or any similar state law and that he will be provided with continuation health benefits coverage information under separate cover letter following his Separation DateCOBRA. (c) Employee understands The parties understand and agrees agree that this Separation Agreement does not limit his right any statutory rights you may have to bring an action to challenge the terms of this Separation Agreement or contest the validity of the release he has signed contained in this Separation Agreement under the ADEA or the OWBPA. (d) Employee understands The parties understand and agrees agree that nothing in this Separation Agreement prevents him you from filing, cooperating with, or participating in any proceeding before the United States Equal Employment Opportunity Commission (“EEOC”) ), the National Labor Relations Board (“NLRB”), or any similar state or local fair employment practices agencyagency or labor board. However, Employee you understand that by signing this Separation Agreement, you are expressly waives his waiving your right to any individual monetary award, injunctive relief, or other recovery for any alleged personal injury or other harm should any federal, state or local administrative agency or labor board pursue any claims on his your behalf arising out of or relating to his your employment with and/or separation from employment from any Released Party. This means You also understand that by signing this Separation Agreement, Employee Agreement you will have waived waive any right he you have or had to bring a lawsuit or obtain an individual recovery if an administrative agency or labor board pursues a claim against any of the Released Parties based on any actions taken by any of them up to the date he signs you sign this Separation Agreement and, should he you be awarded money damages or any other remuneration or relief, he you agree that you are hereby unconditionally assigns assigning to the Company any right or interest he may you have to receive the same. (e) Employee understands The parties understand and agrees agree that nothing in this Separation Agreement prohibits him you from filing a claim to collect any unemployment compensation benefits available to him you under the New Jersey Unemployment Compensation Law, applicable state unemployment insurance compensation law or from collecting any award of benefits granted to him you in accordance with that law, following his Separation Date.

Exclusions from Release of Claims and Covenant Not to Xxx. The release set forth in Section 3 and its subparagraphs above: (a) Employee understands and agrees that nothing in this Separation Agreement limits his does not limit Employee’s right to bring an any action to enforce the terms of this Separation Release or the Agreement. , or for to recover for breach of the foregoing; (b) Employee understands and agrees that the Release contained in Section 3 and its subparagraphs above does not include a waiver of any claims which cannot be waived by law, waive Employee’s right to purchase or any accrued, vested rights he may have in any existing Company tax-qualified retirement plan or other benefit plans in accordance with the terms of such plans and applicable law. Furthermore, he understands that nothing in this Separation Agreement will preclude him from purchasing continue to purchase continuation health benefits coverage to the extent he and his eligible dependents are eligible for such coverage under law or waive Employee’s right to continued life insurance benefits under the Company’s group healthcare plans, plan (to the extent he is otherwise eligible and for the period provided by law permitted under COBRA and/or any similar state law and that he will be provided with continuation health benefits coverage information under separate cover letter following his Separation Date. such employee benefit plan); (c) Employee understands and agrees that this Separation Agreement does not limit his right to bring an action to contest the validity of the release he has signed under the ADEA or the OWBPA. (d) Employee understands and agrees that nothing in this Separation Agreement prevents prohibit him from filing, cooperating with, with or participating in any proceeding before with the United States Equal Employment Opportunity Commission (“EEOC”) ), the National Labor Relations Board (“NLRB”), or any similar state or local fair employment practices agency. However, Employee expressly waives his right to any individual monetary award, injunctive relief, or other recovery should any federal, state or local administrative board or agency, although he does waive his right to recover any payments or other relief from the Company that any such board or agency may pursue any claims or obtain on his behalf arising out of or relating to behalf; (d) does not waive his employment with and/or separation from employment from vested rights in any Released Party. This means that by signing this Separation Agreement, Employee will have waived any right he had to bring a lawsuit or obtain an individual recovery if an administrative agency pursues a claim against any of the Released Parties based on any actions taken by any of them up to the date he signs this Separation Agreement and, should he be awarded money damages or any other remuneration or relief, he hereby unconditionally assigns to the Company any right or interest he may have to receive the same. 401(k) plan; and (e) Employee understands and agrees that nothing in this Separation Agreement prohibits does not prohibit him from filing a any claim to collect any benefits available to him under with the New Jersey Unemployment Compensation Law, Department of Labor &Workforce Development for unemployment compensation benefits or from collecting any award of unemployment compensation benefits granted to him him; (f) does not affect any of Employee’s rights with respect to Vested Options, or Employee’s ownership interests in accordance with the Company’s shares, if any, that Employee continues to hold following the Separation Date; (g) does not affect Employee’s rights to indemnification and advancement of legal fees or insurance coverage Employee may have before or after the Separation Date, including, without limitation, any rights under governing statutory law or common law, following his Separation Dateany indemnification agreement, the Company’s organizational documents, including its certificate of incorporation and bylaws, or any “D&O coverage,” that Employee may have with respect to any claims made or threatened against Employee in Employee’s capacity as a current or former director, officer or employee of the Company or any of its affiliates; and (h) does not affect any claims for contribution in the event Employee and any of the Releasees are found to be jointly liable.

Exclusions from Release of Claims and Covenant Not to Xxx. (a) Employee understands and agrees that nothing in this Separation Agreement limits his her right to bring an action to enforce the terms of this Separation Agreement. (b) Employee understands and agrees that the Release contained in Section 3 and its subparagraphs above does not include a waiver of any claims which cannot be waived by law, or any accrued, vested rights he she may have in any existing Company tax-qualified retirement plan or other benefit plans in accordance with the terms of such plans and applicable law. Furthermore, he she understands that nothing in this Separation Agreement will preclude him her from purchasing continuation health benefits coverage under the Company’s group healthcare plans, to the extent he she is otherwise eligible and for the period provided by law under COBRA and/or any similar state law and that he she will be provided with continuation health benefits coverage information under separate cover letter following his her Separation Date. (c) Employee understands and agrees that this Separation Agreement does not limit his her right to bring an action to contest the validity of the release he she has signed under the ADEA or the OWBPA. (d) Employee understands and agrees that nothing in this Separation Agreement prevents him her from filing, cooperating with, or participating in any proceeding before the United States Equal Employment Opportunity Commission (“EEOC”) or any similar state or local fair employment practices agency. However, Employee expressly waives his her right to any individual monetary award, injunctive relief, or other recovery should any federal, state or local administrative agency pursue any claims on his her behalf arising out of or relating to his her employment with and/or separation from employment from any Released Party. This means that by signing this Separation Agreement, Employee will have waived any right he she had to bring a lawsuit or obtain an individual recovery if an administrative agency pursues a claim against any of the Released Parties based on any actions taken by any of them up to the date he she signs this Separation Agreement and, should he she be awarded money damages or any other remuneration or relief, he she hereby unconditionally assigns to the Company any right or interest he she may have to receive the same. (e) Employee understands and agrees that nothing in this Separation Agreement prohibits him her from filing a claim to collect any benefits available to him her under the New Jersey Unemployment Compensation Law, or from collecting any award of benefits granted to him her in accordance with that law, following his her Separation Date.

Exclusions from Release of Claims and Covenant Not to Xxx. (a) Employee Executive understands and agrees that nothing in this Separation Agreement limits his her right to bring an action to enforce the terms of this Separation Agreement. (b) Employee Executive understands and agrees that the Release contained in Section 3 and its subparagraphs above does not include a waiver of any claims which cannot be waived by law, or law and does not include a waiver of any accrued, vested rights he she may have in any existing Company tax-qualified retirement 401(k) plan or other benefit plans in accordance with the terms of such plans and applicable law. Furthermore, he understands that nothing in this Separation Agreement nor will it preclude him her from purchasing continuation health benefits coverage for herself and/or her dependents under the Company’s group healthcare plans, continuation health benefits policies to the extent he is she and her dependents are otherwise eligible and for the period provided by law under COBRA and/or any similar state law and that he will be provided with continuation health benefits coverage information under separate cover letter following his Separation Dateapplicable mini-COBRA law. (c) Employee understands and agrees that this Separation Agreement does not limit his right to bring an action to contest the validity of the release he has signed under the ADEA or the OWBPA. (d) Employee Executive understands and agrees that nothing in this Separation Agreement prevents him from filingis intended to or shall prevent, cooperating with, impede or participating in any proceeding before interfere with her non-waivable right to file a charge or complaint with the United States Equal Employment Opportunity Commission (“EEOC”) ), the Occupational Safety and Health Review Commission (“OSH”), the National Labor Relations Board (“NLRB”), the Securities and Exchange Commission (“SEC”), any other federal agency, labor board or commission, any similar state or local fair employment practices agency. However, Employee expressly waives his right to any individual monetary award, injunctive relief, or any other recovery should any federal, state or local administrative agency pursue agency, labor board or commission (collectively, the “Government Agencies”). Executive also understands that nothing in this Agreement in any claims on his behalf arising out way limits her ability to provide information and/or documents to or otherwise communicate with any Government Agencies, participate in any investigation of any Government Agencies, testify or relating to his employment with and/or separation from employment from otherwise participate in any Released Party. This means proceeding that by signing this Separation Agreement, Employee will have waived any right he had to bring a lawsuit or obtain an individual recovery if an administrative agency pursues a claim against any of the Released Parties based on any actions taken may be conducted by any of them up to Government Agencies concerning the date he signs this Separation Agreement andCompany’s past or future conduct, should he be awarded money damages or engage in any activities now or in the future that are protected under the whistleblower statutes administered by OSH or any other remuneration or relief, he hereby unconditionally assigns Government Agencies without notice to the Company any Company. This Agreement further does not limit Executive’s right or interest he may have to receive and fully retain a monetary reward from any government-administered whistleblower award or other incentive program for providing information directly to any Government Agencies (such as those administered by the sameOSH or the SEC); however, Executive understands and agrees she is waiving her right to recover any money or share in or participate in any monetary award in connection with or resulting from the prosecution of any charge, investigation or proceeding. (ed) Employee Executive understands and agrees that nothing in this Separation Agreement prohibits him her from filing a claim to collect any unemployment compensation benefits available to him her under the New Jersey applicable state Unemployment Insurance Compensation Law, law or from collecting any award of benefits granted to him her in accordance with that law, following his Separation Date. (e) Executive understands and agrees that this Agreement does not limit any statutory rights she may have to bring an action to challenge the terms of this Agreement or contest the validity of the Release contained in this Agreement under the ADEA or the OWBPA.

Exclusions from Release of Claims and Covenant Not to Xxx. The Parties agree that the release set forth in Section 6 and its subparagraphs above: (a) Employee understands and agrees that nothing in this Separation Agreement limits his does not limit Employee’s right to bring an any action to enforce the terms of this Separation Agreement. Agreement or to recover for the breach thereof; (b) Employee understands and agrees that the Release contained in Section 3 and its subparagraphs above does not include a waiver of any claims which cannot be waived by law, waive Employee’s right to purchase or any accrued, vested rights he may have in any existing Company tax-qualified retirement plan or other benefit plans in accordance with the terms of such plans and applicable law. Furthermore, he understands that nothing in this Separation Agreement will preclude him from purchasing continue to purchase continuation health benefits coverage to the extent he and his eligible dependents are eligible for such coverage under law or waive Employee’s right to continued life insurance benefits under the Company’s group healthcare plans, plan (to the extent he is otherwise eligible and for the period provided by law permitted under COBRA and/or any similar state law and that he will be provided with continuation health benefits coverage information under separate cover letter following his Separation Date. such employee benefit plan); (c) Employee understands and agrees that this Separation Agreement does not limit his right to bring an action to contest the validity of the release he has signed under the ADEA or the OWBPA. (d) prohibit Employee understands and agrees that nothing in this Separation Agreement prevents him from filing, cooperating with, with or participating in any proceeding before with the United States Equal Employment Opportunity Commission (“EEOC”) ), the National Labor Relations Board (“NLRB”), or any similar state or local fair employment practices agency. However, Employee expressly waives his right to any individual monetary award, injunctive relief, or other recovery should any federal, state or local administrative board or agency, although he does waive his right to recover any payments or other relief from the Company that any such board or agency may pursue any claims or obtain on his behalf arising out of behalf; (d) does not waive Employee’s vested rights in any 401(k) plan or relating his right to his employment with and/or separation from employment from any Released Party. This means that by signing this Separation Agreement, Employee will have waived any right he had contribute or for firm contributions to bring a lawsuit such plan for periods worked on or obtain an individual recovery if an administrative agency pursues a claim against any of the Released Parties based on any actions taken by any of them up prior to the date he signs this Separation Agreement and, should he be awarded money damages or any other remuneration or relief, he hereby unconditionally assigns to the Company any right or interest he may have to receive the same. Date; (e) does not prohibit Employee understands and agrees that nothing in this Separation Agreement prohibits him from filing a any claim to collect any benefits available to him under with the New Jersey Unemployment Compensation Law, Department of Labor & Workforce Development for unemployment compensation benefits or from collecting any award of unemployment compensation benefits granted to him him; (f) does not affect any of Employee’s rights with respect to Vested Options, or Employee’s ownership interests in accordance with the Company’s shares, if any, that Employee continues to hold following the Effective Date; (g) does not affect Employee’s rights to indemnification and advancement of legal fees or insurance coverage Employee may have before or after the Effective Date or the Separation Date, including, without limitation, any rights under governing statutory law or common law, following his Separation Dateany indemnification agreement, the Company’s organizational documents, including its certificate of incorporation and bylaws, or any “D&O coverage,” that Employee may have with respect to any claims made or threatened against Employee in Employee’s capacity as a current or former director, officer or employee of the Company or any of its affiliates; and (h) does not affect any claims for contribution in the event Employee and any of the Releasees are found to be jointly liable or otherwise.