Common use of Exclusions from Release Clause in Contracts

Exclusions from Release. A. The term “Claims” does not include My rights, if any, to claim the following: unemployment insurance benefits; workers compensation benefits; claims for My vested post-termination benefits under any 401(k) or similar retirement benefit plan; My rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”); My rights to enforce the terms of this Release; or My rights to assert claims that are based on events occurring after this Release becomes effective. B. Nothing in this Release interferes with My right to file or maintain a charge with the Equal Employment Opportunity Commission or other local civil rights enforcement agency, or participate in any manner in an EEOC or other such agency investigation or proceeding. I, however, understand that I am waiving My right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agency, Me, or any other party. C. Nothing in this Release interferes with My right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. I agree that Employer reserves any and all defenses, which it has or might have against any claims brought by Me. This includes, but is not limited to, Employer’s right to seek available costs and attorneys’ fees as allowed by law, and to have any monetary award granted to Me, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 5 contracts

Samples: Employment Agreement (Xtant Medical Holdings, Inc.), Employment Agreement (Xtant Medical Holdings, Inc.), Resignation Agreement (Xtant Medical Holdings, Inc.)

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Exclusions from Release. A. The term “Claims” does not include My rights, if any, to claim the following: unemployment insurance benefits; workers compensation benefits; claims for My vested post-termination benefits under any 401(k) or similar retirement benefit plan; My rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”); My rights to enforce the terms of this Release; or My rights to assert claims that are based on events occurring after this Release becomes effective. B. Nothing in this Release interferes with My right to file or maintain a charge with the Equal Employment Opportunity Commission or other local civil rights enforcement agency, agency or participate in any manner in an EEOC or other such agency investigation or proceeding. I, however, understand that I am waiving My right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agency, Me, or any other party. C. Nothing in this Release interferes with My right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. I agree that Employer reserves any and all defenses, which it has or might have against any claims brought by Me. This includes, but is not limited to, Employer’s right to seek available costs and attorneys’ fees as allowed by law, and to have any monetary award granted to Me, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 4 contracts

Samples: Separation Agreement (DiaMedica Therapeutics Inc.), Employment Agreement (DiaMedica Therapeutics Inc.), Employment Agreement (DiaMedica Therapeutics Inc.)

Exclusions from Release. A. The term “Claims” does not include My my rights, if any, to claim the following: unemployment insurance benefits; workers compensation benefits; claims for My my vested post-termination benefits under any 401(k) or similar other qualified or non-qualified retirement benefit plan or deferred compensation plan; My my rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”); My my rights to severance benefits under the Agreement to which this Release is attached and any other rights I may have under Exhibit A thereto; my rights to enforce the terms of this Release; or My my rights to assert claims that are based on events occurring after this Release becomes effectiveis signed. B. Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission (“EEOC”) or other local civil rights enforcement agency, or participate in any manner in an EEOC or other such agency investigation or proceeding. I, however, understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agency, Meme, or any other party, arising from my termination of employment. C. Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. I agree that the Employer reserves any and all defenses, defenses which it has or might have against any claims brought by Meme. This includes, but is not limited to, the Employer’s right to seek available costs and attorneys’ fees as allowed by lawapplicable statutory law or contract, and and, solely with respect to any Claims waived by me under this Release, to have any monetary award granted to Meme, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 3 contracts

Samples: Severance Agreement (Entellus Medical Inc), Severance Agreement (Entellus Medical Inc), Change in Control Severance Agreement (Synovis Life Technologies Inc)

Exclusions from Release. A. The term “Claims” does My Claims do not include My my rights, if any, to claim the following: unemployment insurance benefits; workers compensation Unemployment Insurance benefits; claims for My my vested post-termination benefits under any 401(k) or similar retirement benefit plan; My rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”)my COBRA rights; My my rights to enforce the terms of this Release; or My my rights to assert claims that are based on events occurring after this Release becomes effective.. In addition: B. (a) Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission or other local civil rights enforcement agency(“EEOC”), or participate in any manner in an EEOC or other such agency investigation or proceedingproceeding under Title VII, the ADA, the ADEA, or the EPA. I, however, understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agencyEEOC, Meby me, or any other party. C. (b) Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. (c) Nothing in this Release limits any rights that I would otherwise have to be indemnified by the Employer, in my capacity as an officer or employee of the Employer, under the Employer’s Certificate of Incorporation, Bylaws, directors’ and officers’ insurance policy, Section 145 of the Delaware General Corporation Law or any indemnification agreement between the Company and me. (d) I agree that Employer the Company reserves any and all defenses, which it has or might have against any claims brought by Meme. This includes, but is not limited to, Employerthe Company’s right to seek available costs and attorneys’ fees as allowed by lawfees, and to have any monetary award granted to Meme, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 2 contracts

Samples: Separation Agreement (American Medical Systems Holdings Inc), Separation Agreement (American Medical Systems Holdings Inc)

Exclusions from Release. A. The term “Claims” does not include My my rights, if any, to claim the following: unemployment insurance benefits; workers compensation benefits; claims for My my vested post-termination benefits under any 401(k) or similar other qualified or non-qualified retirement benefit plan or deferred compensation plan; My any claims which cannot be waived by law; any claims which cannot be waived by law; any right that I have to a defense, payment of fees or otherwise for indemnification under the Employer’s certificate of incorporation and/or bylaws or any applicable policy of insurance, operating agreement, agreement of indemnity or any other applicable agreement or vehicle; my rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”); My my rights to severance benefits under the Agreement to which this Release is attached and any other rights I may have under Exhibit A thereto; my rights to enforce the terms of this Release; or My my rights to assert claims that are based on events occurring after this Release becomes effectiveis signed. B. Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission (“EEOC”) or other local civil rights enforcement agency, or participate in any manner in an EEOC or other such agency investigation or proceeding. I, however, understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agency, Meme, or any other party, arising from my termination of employment. C. Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. I agree that the Employer reserves any and all defenses, defenses which it has or might have against any claims brought by Meme. This includes, but is not limited to, the Employer’s right to seek available costs and attorneys’ fees as allowed by lawapplicable statutory law or contract, and and, solely with respect to any Claims waived by me under this Release, to have any monetary award granted to Meme, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 2 contracts

Samples: Change in Control Severance Agreement, Change in Control Severance Agreement (Entellus Medical Inc)

Exclusions from Release. A. The term “Claims” does not include My rights, if any, to claim the following: unemployment insurance benefits; workers compensation benefits; claims for My vested post-termination benefits under any 401(k) or similar retirement benefit plan; My rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”); My rights to enforce the terms of this Release; or My rights to assert claims that are based on events occurring after this Release becomes effective. B. Nothing in this Release interferes with My right to file or maintain a charge with the Equal Employment Opportunity Commission or other local civil rights enforcement agency, agency or participate in any manner in an EEOC or other such agency investigation or proceeding. I, however, understand that I am waiving My right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agency, Me, or any other party. C. Nothing in this Release interferes with My right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. I agree that Employer reserves any and all defenses, which it has or might have against any claims brought by Me. This includes, but is not limited to, Employer’s right to seek available costs and attorneys’ fees as allowed by law, and to have any monetary award granted to Me, if any, reduced by the amount of money that I received in consideration for this Release.. EXECUTIVE INITIALS

Appears in 2 contracts

Samples: Employment Agreement (DiaMedica Therapeutics Inc.), Employment Agreement (DiaMedica Therapeutics Inc.)

Exclusions from Release. A. The term “Claims” does My Claims do not include My my rights, if any, to claim the following: (a) unemployment insurance benefits; workers (b) workers’ compensation benefitsbenefits to the extent that such benefits are awarded by a state agency or agreed upon consistent with applicable state law; claims for My (c) vested post-termination benefits under any 401(k) employee welfare or similar retirement benefit plan, or under any stock option, restricted stock, restricted stock unit, or stock appreciation rights plan or award agreement; My (d) the enforcement of rights to group medical or group dental insurance coverage pursuant to section 4980B and benefits under the Consolidated Omnibus Reconciliation Act of the Internal Revenue Code of 19861985, as amended amended, (“COBRA”); My rights to enforce (e) the enforcement of the terms of this ReleaseAgreement; (f) defense, indemnification or My contribution, whether pursuant to the Company’s charter, bylaws, contract, applicable law or otherwise for claims brought against Employee in his or her capacity as an employee or agent of the Company; (g) the enforcement of rights to assert claims that are based on as a shareholder of the Company; (h) the enforcement of rights under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) 38 U.S.C. § 4301, et seq.; (i) events occurring after the release provided in this Release Agreement becomes effectiveeffective (including a change of control of the Company as such term is used in the Executive Severance Agreement);; and (j) the enforcement of any other rights which cannot be waived or released under applicable law. B. a. Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission or other local civil rights enforcement agency(“EEOC”), or participate in any manner in an EEOC or other such agency investigation or proceedingproceeding under Title VII, the ADA, the ADEA, or the EPA. I, however, I understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agencyEEOC, MeEmployee, or any other party. C. b. Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. c. I agree that Employer reserves Released Parties reserve any and all defenses, which it has they have or might have against any claims brought by Meme. This includes, but is not limited to, Employer’s Released Parties’ right to seek available costs and attorneys’ fees as allowed by lawfees, and to have any monetary award granted to Meme, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 2 contracts

Samples: Separation Agreement, Separation Agreement (Mocon Inc)

Exclusions from Release. A. The term “Claims” does not include My rights, if any, to claim the following: unemployment insurance benefits; workers compensation benefits; claims for My vested post-termination benefits under any 401(k) or similar retirement benefit plan; My rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”); My rights to enforce the terms of this ReleaseRelease or the related Separation Agreement; or My rights to assert claims that are based on events occurring after this Release becomes effective. B. Nothing in this Release interferes with My right to file or maintain a charge with the Equal Employment Opportunity Commission or other local civil rights enforcement agency, agency or participate in any manner in an EEOC or other such agency investigation or proceeding. I, however, understand that I am waiving My right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agency, Me, or any other party. C. Nothing in this Release interferes with My right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. I agree that Employer reserves any and all defenses, which it has or might have against any claims brought by Me. This includes, but is not limited to, Employer’s right to seek available costs and attorneys’ fees as allowed by law, and to have any monetary award granted to Me, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 1 contract

Samples: Separation Agreement (DiaMedica Therapeutics Inc.)

Exclusions from Release. A. The term “Claims” does not include My my rights, if any, to claim the following: unemployment insurance benefits; workers compensation benefits; claims for My my vested post-termination benefits under any 401(k) or similar other qualified or non­qualified retirement benefit plan or deferred compensation plan; My my rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”); My my rights to severance benefits under the Agreement to which this Release is attached and any other rights I may have under Exhibit A thereto; my rights to enforce the terms of this Release; or My my rights to assert claims that are based on events occurring after this Release becomes effectiveis signed; or the enforcement of any other rights which cannot be waived or released under applicable law. B. Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission (“EEOC”) or other local civil rights or law enforcement agency, or participate in any manner in an EEOC or other such agency investigation or proceeding. I, however, understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights or law enforcement agency, Meme, or any other party, arising from my termination of employment. C. Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. I agree that the Employer reserves any and all defenses, defenses which it has or might have against any claims brought by Meme. This includes, but is not limited to, the Employer’s right to seek available costs and attorneys’ fees as allowed by lawapplicable statutory law or contract, and and, solely with respect to any Claims waived by me under this Release, to have any monetary award granted to Meme, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 1 contract

Samples: Severance Agreement (Entellus Medical Inc)

Exclusions from Release. A. The term “Claims” does My Claims do not include My rights, if any, to claim the following: unemployment insurance Unemployment Insurance benefits; workers any claim for workers’ compensation benefitsbenefits related to any injury I have sustained in the course of My duties for the Employer, to the extent that such benefits are awarded by a state agency or agreed upon consistent with applicable state law; claims for My vested post-termination benefits under any 401(k) or similar retirement benefit plan; My rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”)COBRA rights; My rights to enforce the terms of this Release; or My rights to assert claims that are based on events occurring after this Release becomes effective. B. A. Nothing in this Release interferes with My right to file or maintain a charge with the Equal Employment Opportunity Commission or other local civil rights enforcement agency(the “EEOC”), or participate in any manner in an EEOC or other such agency investigation or proceedingproceeding under Title VII, the ADA, the ADEA, or the EPA. I, however, I understand that I am waiving My right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agencyEEOC, Me, or any other party. C. B. Nothing in this Release interferes with My right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPARelease. D. C. I agree that Employer reserves Released Parties reserve any and all defenses, which it has they have or might have against any claims brought by Me. This includes, but is not limited to, Employer’s Released Parties’ right to seek available costs and attorneys’ fees as allowed by lawfees, and to have any monetary award granted to Me, if any, reduced by the amount of money that I received in consideration Separation Payment for this Release.

Appears in 1 contract

Samples: Resignation Agreement (RestorGenex Corp)

Exclusions from Release. A. The term “Claims” does not include My my rights, if any, to claim the following: unemployment insurance benefits; workers compensation benefits; claims for My my vested post-termination benefits under any 401(k) or similar other qualified or non-qualified retirement benefit plan or deferred compensation plan; My my rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”); My my rights to severance benefits under the Agreement to which this Release is attached and any other rights I may have under Exhibit A thereto; my rights to enforce the terms of this Release; or My my rights to assert claims that are based on events occurring after this Release becomes effectiveis signed. B. Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission (“EEOC”) or other local civil rights enforcement agency, or participate in any manner in an EEOC or other such agency investigation or proceeding. I, however, understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys' fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agency, Meme, or any other party, arising from my termination of employment. C. Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. I agree that the Employer reserves any and all defenses, defenses which it has or might have against any claims brought by Meme. This includes, but is not limited to, the Employer’s 's right to seek available costs and attorneys' fees as allowed by lawapplicable statutory law or contract, and and, solely with respect to any Claims waived by me under this Release, to have any monetary award granted to Meme, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Synovis Life Technologies Inc)

Exclusions from Release. A. The term “Claims” does not include My my rights, if any, to claim the following: unemployment insurance benefits; workers compensation benefits; claims for My my vested post-termination benefits under any 401(k) or similar other qualified or non-qualified retirement benefit plan or deferred compensation plan; My my rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”); My my rights to severance benefits under the Agreement to which this Release is attached and any other rights I may have under Exhibit A thereto; my rights to enforce the terms of this Release; or My my rights to assert claims that are based on events occurring after this Release becomes effectiveis signed; or the enforcement of any other rights which cannot be waived or released under applicable law. B. Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission (“EEOC”) or other local civil rights or law enforcement agency, or participate in any manner in an EEOC or other such agency investigation or proceeding. I, however, understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights or law enforcement agency, Meme, or any other party, arising from my termination of employment. C. Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. I agree that the Employer reserves any and all defenses, defenses which it has or might have against any claims brought by Meme. This includes, but is not limited to, the Employer’s right to seek available costs and attorneys’ fees as allowed by lawapplicable statutory law or contract, and and, solely with respect to any Claims waived by me under this Release, to have any monetary award granted to Meme, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 1 contract

Samples: Severance Agreement (Entellus Medical Inc)

Exclusions from Release. A. The term “Claims” does My Claims do not include My my rights, if any, to claim the following: unemployment insurance benefitsCompensation and benefits as defined in my Separation Agreement with the Company; workers compensation Re-employment Insurance benefits; claims for My my vested post-termination benefits under any the Jostens, Inc. 401(k) or similar retirement benefit planRetirement Savings Plan and Jostens, Inc. Pension Plan D; My rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”)my COBRA rights; My my rights to enforce the terms of this Release; or My my rights to assert claims that are based on events occurring after this Release becomes effective. B. A. Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission or other local civil rights enforcement agency(“EEOC”), or participate in any manner in an EEOC or other such agency investigation or proceedingproceeding under Title VII, the ADA, the ADEA, or the EPA. I, however, understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agencyEEOC, MeYou, or any other party. C. B. Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. C. I agree that Employer Company reserves any and all defenses, which it has or might have against any claims brought by Meme. This includes, but is not limited to, EmployerCompany’s right to seek available costs and attorneys’ fees as allowed by lawfees, and to have any monetary award granted to Meme, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 1 contract

Samples: Agreement Regarding Terms of Resignation From Employment and Release (Jostens Holding Corp)

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Exclusions from Release. A. The term “Claims” does not include My my rights, if any, to claim the following: unemployment insurance benefits; workers compensation benefits; claims for My my vested post-termination benefits under any 401(k) or similar other qualified or non­qualified retirement benefit plan or deferred compensation plan; My my rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”); My my rights to severance benefits under the Agreement to which this Release is attached and any other rights I may have under Exhibit A thereto; my rights to enforce the terms of this Release; or My my rights to assert claims that are based on events occurring after this Release becomes effectiveis signed. B. Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission (“EEOC”) or other local civil rights enforcement agency, or participate in any manner in an EEOC or other such agency investigation or proceeding. I, however, understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agency, Meme, or any other party, arising from my termination of employment. C. Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. I agree that the Employer reserves any and all defenses, defenses which it has or might have against any claims brought by Meme. This includes, but is not limited to, the Employer’s right to seek available costs and attorneys’ fees as allowed by lawapplicable statutory law or contract, and and, solely with respect to any Claims waived by me under this Release, to have any monetary award granted to Meme, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Entellus Medical Inc)

Exclusions from Release. A. The term “Claims” does My Claims do not include My my rights, if any, to claim the following: unemployment insurance benefits; workers compensation Re-employment Insurance benefits; claims for My my vested post-termination benefits under any 401(k) 401K or similar retirement benefit plan; My rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”)my COBRA rights; My my rights to enforce the terms of this Release; or My my rights to assert claims that are based on events occurring after this Release becomes effective, including, but not limited to, my right to receive payment under the attached Separation Agreement or Section 6(e) of the Employment Agreement. B. (a) Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission or other local civil rights enforcement agency(“EEOC”), or participate in any manner in an EEOC or other such agency investigation or proceedingproceeding under Title VII, the ADA, the ADEA, or the EPA. I, however, understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agencyEEOC, MeEmployee, or any other party. C. (b) Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. (c) Nothing in this Release limits any rights that I would otherwise have to be indemnified by the Company, in my capacity as an officer, director or employee of the Company, under the Employer’s Certificate of Incorporation, Bylaws, directors’ and officers’ insurance policy or Section 145 of the Delaware General Corporation Law. EMPLOYEE INITIALS (d) I agree that Employer Company reserves any and all defenses, which it has or might have against any claims brought by Meme. This includes, but is not limited to, EmployerCompany’s right to seek available costs and attorneys’ fees as allowed by lawfees, and to have any monetary award granted to Meme, if any, reduced by the amount value of money the additional and valuable consideration that I received in consideration for this Release.

Appears in 1 contract

Samples: Separation Agreement (American Medical Systems Holdings Inc)

Exclusions from Release. A. The term “Claims” does not include My my rights, if any, to claim the following: unemployment insurance benefits; workers compensation benefits; claims for My my vested post-termination benefits under any 401(k) or similar retirement benefit plan; My my rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”); My my rights to enforce the terms of this Release; or My my rights to assert claims that are based on events occurring after this Release becomes effective. B. Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission (“EEOC”) or other local civil rights enforcement agency, or participate in any manner in an EEOC or other such agency investigation or proceeding. I, however, understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agency, Meme, or any other party, arising from my voluntary resignation. C. Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. I agree that the Employer reserves any and all defenses, which it has or might have against any claims brought by Meme. This includes, but is not limited to, the Employer’s right to seek available costs and attorneys’ fees as allowed by law, and to have any monetary award granted to Meme, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 1 contract

Samples: Separation Agreement (Marten Transport LTD)

Exclusions from Release. A. The term “Claims” does (a) My Claims do not include My my rights, if any, to claim the following: unemployment insurance benefits; workers compensation Re-employment Insurance benefits; claims for My my vested post-termination benefits under any 401(k) or similar retirement benefit plan; My rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”)my COBRA rights; My my rights to enforce the terms of this Release; or My my rights to assert claims that are based on events occurring after this Release becomes effective. B. (b) Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission or other local civil rights enforcement agency("EEOC"), or participate in any manner in an EEOC or other such agency investigation or proceedingproceeding under Title VII, the ADA, the ADEA, or the EPA. I, however, understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys' fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agencyEEOC, MeEmployee, or any other party. C. (c) Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. (d) Nothing in this Release limits any rights that I would otherwise have to be indemnified by the Employer, in my capacity as an officer or employee of the Employer, under the Employer's Certificate of Incorporation, Bylaws, directors' and officers' insurance policy or Section 145 of the Delaware General Corporation Law. (e) I agree that Employer reserves any and all defenses, which it has or might have against any claims brought by Meme. This includes, but is not limited to, Employer’s 's right to seek available costs and attorneys’ fees as allowed by law' fees, and to have any monetary award granted to Meme, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 1 contract

Samples: Separation Agreement (American Medical Systems Holdings Inc)

Exclusions from Release. A. The term “Claims” does My Claims do not include My my rights, if any, to claim the following: payments required to be made under the Employment Agreement between Executive and the Corporation dated as of December 11, 2018; unemployment insurance benefits; or workers compensation benefits; claims for My my vested post-termination benefits under any 401(k) or similar tax-qualified retirement benefit plan; My rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”)my COBRA rights; My and my rights to enforce the terms of this Release; or My rights to assert claims that are based on events occurring after this Release becomes effective. B. A. Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission (“EEOC”) or other local civil rights enforcement agency, or participate in any manner in an EEOC or other such agency investigation or proceedingproceeding under Title VII, the ADA, the ADEA, or the EPA. I, however, understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agency, Me, me or any other party. C. B. Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA, if I have rights under such laws. D. C. I agree that the Employer reserves and the Released Parties reserve any and all defenses, which it any of them has or might have against any claims brought by Meme. This includes, but is not limited to, the Employer’s or other Released Party’s right to seek available costs and attorneys’ fees as allowed by lawfees, and to have any monetary award granted to Meme, if any, reduced by the amount of money that I received in consideration for this Release. D. Nothing in this Release releases any claims for indemnification by Executive pursuant to any indemnification agreement, statute or otherwise or claims for coverage under any D&O or other similar insurance policy.

Appears in 1 contract

Samples: Employment Agreement (Sonoma Pharmaceuticals, Inc.)

Exclusions from Release. A. The term “Claims” does My Claims do not include My my rights, if any, to claim the following: unemployment re-employment insurance benefits; workers compensation benefits; claims for My my vested post-termination benefits under any 401(k) or similar retirement benefit plan; My rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”)my COBRA rights; My my rights to enforce the terms of this ReleaseRelease and the Separation Agreement of even date herewith; or My my rights to assert claims that are based on events occurring after this Release becomes effective. B. (a) Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission or other local civil rights enforcement agency, (“EEOC”) or participate in any manner in an EEOC or other such agency investigation or proceedingproceeding under Title VII, the ADA, the ADEA, or the EPA. II do, however, understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ fees, and/or punitive damages, in any administrative or legal action whether brought by me, the EEOC or other civil rights enforcement agency, MeEEOC, or any other party. C. (b) Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. (c) Nothing in this Release limits any rights that I would otherwise have to be indemnified by the Employer, in my capacity as an officer, director or employee of the Company, under the Company’s Certificate of Incorporation, Bylaws, directors’ and officers’ insurance policy or Section 145 of the Delaware General Corporation Law. (d) I agree that Employer Company reserves any and all defenses, which it has or might have against any unreleased claims brought by Meme. This includes, but is not limited to, EmployerCompany’s right to seek available costs and attorneys’ fees as allowed by lawfees, and to have any monetary award granted to Meme, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 1 contract

Samples: Separation Agreement (Plato Learning Inc)

Exclusions from Release. A. The term “Claims” does My Claims do not include My my rights, if any, to claim the following: unemployment insurance benefits; workers compensation Unemployment Insurance benefits; claims for My my vested post-termination benefits under any 401(k) or similar retirement benefit plan; My rights to group medical or group dental insurance coverage pursuant to section 4980B of the Internal Revenue Code of 1986, as amended (“COBRA”)my COBRA rights; My my rights to enforce the terms of this Release; or My my rights to assert claims that are based on events occurring after this Release becomes effective.. In addition: B. (a) Nothing in this Release interferes with My my right to file or maintain a charge with the Equal Employment Opportunity Commission or other local civil rights enforcement agency(“EEOC”), or participate in any manner in an EEOC or other such agency investigation or proceedingproceeding under Title VII, the ADA, the ADEA, or the EPA. I, however, understand that I am waiving My my right to recover individual relief including, but not limited to, back pay, front pay, reinstatement, attorneys’ attorneys fees, and/or punitive damages, in any administrative or legal action whether brought by the EEOC or other civil rights enforcement agencyEEOC, Meby me, or any other party. C. (b) Nothing in this Release interferes with My my right to challenge the knowing and voluntary nature of this Release under the ADEA and/or OWBPA. D. (c) Nothing in this Release limits any rights that I would otherwise have to be indemnified by the Employer, in my capacity as an officer or employee of the Employer, under the Employer’s Certificate of Incorporation, Bylaws, directors’ and officers’ insurance policy, Section 145 of the Delaware General Corporation Law or any indemnification agreement between the Company and me. (d) I agree that Employer the Company reserves any and all defenses, which it has or might have against any claims brought by Meme. This includes, but is not limited to, Employerthe Company’s right to seek available costs and attorneys’ fees as allowed by lawfees, and to have any monetary award granted to Meme, if any, reduced by the amount of money that I received in consideration for this Release.

Appears in 1 contract

Samples: Separation Agreement (American Medical Systems Holdings Inc)

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