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. The Parties agree that the release set forth in Section 6 and its subparagraphs above: (a) does not limit Employee’s right to bring any action to enforce the terms of this Agreement or to recover for the breach thereof; (b) does not waive Employee’s right to purchase or 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 plan (to the extent permitted under such employee benefit plan); (c) does not prohibit Employee from filing, cooperating with or participating in any proceeding with the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB”), or any similar federal, state or local 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 or obtain on his behalf; (d) does not waive Employee’s vested rights in any 401(k) plan or his right to contribute or for firm contributions to such plan for periods worked on or prior to the Separation Date; (e) does not prohibit Employee from filing any claim with the New Jersey Department of Labor &Workforce Development for unemployment compensation benefits or from collecting any award of unemployment compensation benefits granted to him; (f) does not affect any of Employee’s rights with respect to Vested Options, or Employee’s ownership interests in 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, any 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. The Parties agree that the release set forth in Section 6 3 and its subparagraphs above: (a) does not limit Employee’s right to bring any action to enforce the terms of this Agreement Release or the Agreement, or for to recover for breach of the breach thereofforegoing; (b) does not waive Employee’s right to purchase or 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 plan (to the extent permitted under such employee benefit plan); (c) does not prohibit Employee him from filing, cooperating with or participating in any proceeding with the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB”), or any similar federal, state or local 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 or obtain on his behalf; (d) does not waive Employee’s his vested rights in any 401(k) plan or his right to contribute or for firm contributions to such plan for periods worked on or prior to the Separation Dateplan; and (e) does not prohibit Employee him from filing any claim with the New Jersey Department of Labor &Workforce Development for unemployment compensation benefits or from collecting any award of unemployment compensation benefits granted to him; (f) does not affect any of Employee’s rights with respect to Vested Options, or Employee’s ownership interests in the Company’s shares, if any, that Employee continues to hold following the Effective 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 Effective Date or the Separation Date, including, without limitation, any rights under governing statutory law or common law, any 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 otherwiseliable.

Exclusions from Release of Claims and Covenant Not to Xxx. The Parties agree that the release set forth in Section 6 3 and its subparagraphs above: (a) does not limit Employee’s right to bring any action to enforce the terms of this Agreement Release or the Agreement, or for to recover for breach of the breach thereofforegoing; (b) does not waive Employee’s right to purchase or 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 plan (to the extent permitted under such employee benefit plan); (c) does not prohibit Employee him from filing, cooperating with or participating in any proceeding with the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB”), or any similar federal, state or local 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 or obtain on his behalf; (d) does not waive Employee’s his vested rights in any 401(k) plan or his right to contribute or for firm contributions to such plan for periods worked on or prior to the Separation Dateplan; and (e) does not prohibit Employee him from filing any claim with the New Jersey Department of Labor && Workforce Development for unemployment compensation benefits or from collecting any award of unemployment compensation benefits granted to him; (f) does not affect any of Employee’s rights with respect to Vested Options, or Employee’s ownership interests in the Company’s shares, if any, that Employee continues to hold following the Effective 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 Effective Date or the Separation Date, including, without limitation, any rights under governing statutory law or common law, any 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 otherwiseliable.

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) does not limit Employee’s right to bring any action to enforce the terms of this Agreement or to recover for the breach thereof; (b) does not waive Employee’s right to purchase or 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 plan (to the extent permitted under such employee benefit plan); (c) does not prohibit Employee from filing, cooperating with or participating in any proceeding with the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB”), or any similar federal, state or local 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 or obtain on his behalf; (d) does not waive Employee’s vested rights in any 401(k) plan or his right to contribute or for firm contributions to such plan for periods worked on or prior to the Separation Date; (e) does not prohibit Employee from filing any claim with the New Jersey Department of Labor && Workforce Development for unemployment compensation benefits or from collecting any award of unemployment compensation benefits granted to him; (f) does not affect any of Employee’s rights with respect to Vested Options, or Employee’s ownership interests in 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, any 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.