No Interference with Rights. Nothing in this Agreement is intended to waive claims (i) arising under unemployment insurance or workers’ compensation laws, (ii) for vested rights under ERISA-covered employee benefit plans as applicable on the date Employee executes this Agreement, (iii) that may arise after Employee executes this Agreement, or (iv) which cannot be released by private release as a matter of law, such as claims under USSERA and California Labor Code section 2804. In addition, nothing in this Agreement, including the Release and the proprietary information, confidentiality, cooperation, covenant not to xxx, and non-disparagement provisions, prevent Employee from filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, or any other any federal, state or local agency charged with the enforcement of any laws, or from exercising rights under Section 7 of the NLRA to engage in joint activity with other employees, although by signing this release Employee is waiving rights to individual relief based on claims asserted in such a charge or complaint, or asserted by any third-party on Employee’s behalf, except where such a waiver of individual relief is prohibited. Employee is also not releasing the Company hereby from any indemnification obligations pursuant to the certificate of incorporation and bylaws of the Company, applicable law, and any current indemnification agreements between Employee and the Company.
Appears in 3 contracts
Samples: Severance Buy Out Agreement, Compromise and Release (Stemcells Inc), Severance Buy Out Agreement, Compromise and Release (Stemcells Inc), Severance Buy Out Agreement, Compromise and Release (Stemcells Inc)
No Interference with Rights. Nothing in this Agreement is intended to waive claims (i) arising under for unemployment insurance or workers’ compensation laws, benefits; (ii) for vested rights under ERISA-covered employee benefit plans as applicable on the date Employee executes Individual signs this Agreement, ; (iii) for vested rights under ERISA-covered employee benefit plans that may arise after Employee executes Individual signs this Agreement, ; (iv) for reimbursement of expenses under the Company’s expense reimbursement policies; or (ivv) which cannot be released by private release as a matter of law, such as claims under USSERA and California Labor Code section 2804agreement. In addition, nothing in this AgreementAgreement including but not limited to the acknowledgments, including the Release and the release of claims, proprietary information, confidentiality, cooperation, covenant not to xxx, and non-disparagement provisionsprovisions (i) limits or affects Individual’s right to challenge the validity of this Agreement under the ADEA or the OWBPA, prevent Employee (ii) prevents Individual from filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, National Labor Relations Board, the Securities and Exchange Commission, or any other any federal, state or local agency charged with the enforcement of any laws, including providing documents or any other information, without notice to the Company or (iii) limits Individual from exercising rights under Section 7 of the NLRA to engage in joint protected, concerted activity with other employees, although by signing this release Employee Agreement Individual is waiving rights to individual relief based on claims asserted (including backpay, frontpay, reinstatement or other legal or equitable relief) in such a charge or any charge, complaint, or asserted lawsuit or other proceeding brought by Individual or on Individual’s behalf by any third-party on Employee’s behalfthird party, except where such for any right Individual may have to receive a waiver of individual relief is prohibited. Employee is also payment from a government agency (and not releasing the Company hereby from any indemnification obligations pursuant Company) for information provided to the certificate of incorporation and bylaws of the Company, applicable law, and any current indemnification agreements between Employee and the Companygovernment agency.
Appears in 2 contracts
Samples: Separation Agreement (Ocwen Financial Corp), Separation Agreement (Ocwen Financial Corp)
No Interference with Rights. Nothing in this Agreement is intended to waive claims (i) arising under for unemployment insurance or workers’ compensation laws, benefits; (ii) for vested rights under ERISA-covered employee benefit plans as applicable on the date Employee executes Individual signs this Agreement, ; (iii) that may arise after Employee executes Individual signs this Agreement, Agreement;(iv) for reimbursement of expenses under the Company’s expense reimbursement policies; or (ivv) which cannot be released by private release as a matter of law, such as claims under USSERA and California Labor Code section 2804agreement. In addition, nothing in this AgreementAgreement including but not limited to the acknowledgments, including the Release and the release of claims, proprietary information, confidentiality, cooperation, covenant not to xxx, and non-disparagement provisions, prevent Employee (i) limits or affects Individual’s right to challenge the validity of this Agreement under the ADEA or the OWBPA, (ii) prevents Individual from filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, National Labor Relations Board, the Securities and Exchange Commission, or any other any federal, state or local agency charged with the enforcement of any laws, including providing documents or any other information, without notice to the Company or (iii) limits Individual from exercising rights under Section 7 of the NLRA to engage in joint protected, concerted activity with other employees, although by signing this release Employee Agreement Individual is waiving rights to individual relief based on claims asserted (including backpay, frontpay, reinstatement or other legal or equitable relief) in such a charge or any charge, complaint, or asserted lawsuit or other proceeding brought by Individual or on Individual’s behalf by any third-party on Employee’s behalfthird party, except where such for any right Individual may have to receive a waiver of individual relief is prohibited. Employee is also payment from a government agency (and not releasing the Company hereby from any indemnification obligations pursuant Company) for information provided to the certificate of incorporation and bylaws of the Company, applicable law, and any current indemnification agreements between Employee and the Companygovernment agency.
Appears in 2 contracts
Samples: Separation Agreement (Ocwen Financial Corp), Separation Agreement (Ocwen Financial Corp)