Non-Released Claims. Notwithstanding the foregoing or anything in the definition of Released Claims, this Agreement does not waive, release or limit any criminal liability, Claims for liability under tax law, Claims under securities law by a State Releasor as investor, Claims against parties who are not Released Entities, Claims by private individuals, and any claims arising under this Agreement for enforcement of this Agreement.
Non-Released Claims. Notwithstanding the foregoing or anything in the definition of Released Claims, the Agreement does not waive, release or limit any criminal liability, Claims for any outstanding liability under any tax or securities law, Claims against parties who are not Released Entities, Claims by private individuals, Claims for Medicaid rebates, Claims asserted, or that could be asserted, by any State, Subdivision, or Special District related to the causes of action in In re: Generic Pharmaceuticals Pricing Antitrust Litigation, in the United States District court for the District of Pennsylvania, MDL No. 2724, and any related action (such excluded claims include, but are not limited to, all antitrust claims and any claims related to any non-opioid generic drugs), and any claims arising under the Agreement for enforcement of the Agreement.
Non-Released Claims. The Release in Paragraph 3 above does not apply to: any Claims for Accrued Obligations (as defined in the Employment Agreement); any Claims to require the Company to honor its commitments in this Agreement; any Claims as an equity holder in the common units of the Partnership (as your holdings in such common units are limited and/or restricted by the terms of the Employment Agreement or any exhibits thereto); any Claims to interpret or to determine the scope, meaning, enforceability or effect of this Agreement; any Claims that arise after you have signed this Agreement; any other Claims that cannot be waived by a private agreement; and any Claims for indemnification under the Employment Agreement, the Company’s operating agreement and/or the Indemnification Agreement between you and the Company. The Release is subject to and restricted by your Retained Rights in Paragraph 5.
Non-Released Claims. Notwithstanding anything in this Agreement to the contrary, the General Release in Paragraph 3 above does not apply to:
(a) Any Claims for vested benefits under any retirement, 401(k), profit-sharing, deferred compensation or stock option plan or other plan or arrangement;
(b) Any Claims to enforce the commitments set forth in this Agreement or the applicable provisions of the Employment Agreement that survive termination of your employment;
(c) Any Claims to interpret or to determine the scope, meaning or effect of this Agreement or the applicable provisions of the Employment Agreement that survive termination of your employment;
(d) Any Claims arising out of any conduct, matter, event or omission existing or occurring after the Separation Date;
(e) Any Claim that can not be waived as a matter of law; or
(f) Any Claim arising under or otherwise having anything to do with Sections 5.3 or 5.6 of the Employment Agreement to survive termination of your employment thereunder. Further, the General Release does not prevent you from contacting or filing a charge with any federal, state or local government agency or commission. However, the General Release does prevent you, to the maximum extent permitted by law, from obtaining any monetary or other personal relief for any of the Claims you have released in Paragraph 3.
Non-Released Claims. This Agreement excludes, and you are not waiving, (i) any right to file, testify or otherwise cooperate in the investigation of an administrative charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board or other appropriate federal, state or local administrative or law enforcement agency, although you are waiving any right to monetary recovery related to such a charge or administrative complaint; (ii) any right to report conduct that is allegedly unlawful under federal securities laws to any government body or agency, including the right to receive awards pursuant to Section 21F of the Securities Exchange Act; (iii) claims which cannot be waived by law, such as claims for unemployment benefits; (iv) any indemnification rights you may have against ClearSign; and (v) any rights to vested benefits, such as pension or retirement benefits.
Non-Released Claims. The General Release in Paragraph 4 above does not apply to:
(a) Any Claims for vested benefits under any Company retirement or 401(k) plan or other benefit plan;
(b) Any Claims to enforce the commitments set forth in this Agreement;
(c) Any Claims to interpret or to determine the scope, meaning, enforceability or effect of this Agreement;
(d) Any Claims that arise after you have signed this Agreement;
(e) Any Claims for worker’s compensation benefits, any Claims for unemployment compensation benefits, and any other Claims that cannot be waived by a General Release;
(f) Any Claim for coverage under the Company’s Directors and Officers insurance policy or any applicable indemnification agreement or policy. In addition, the General Release in Paragraph 4 is subject to and limited by your retained rights in Paragraph 14 below.
Non-Released Claims. Notwithstanding the foregoing or any other language in this Settlement Agreement, the Settling Parties are not releasing Claims to enforce this Settlement Agreement.
Non-Released Claims. The General Release in Paragraph 3 above does not apply to:
(a) Any Claims for vested benefits under any Company retirement, 401(k), profit-sharing or other deferred compensation plan;
(b) Any Claims to require the Company to honor its commitments set forth in this Agreement;
(c) Any Claims to interpret or to determine the scope, meaning, enforceability or effect of this Agreement;
(d) Any Claims that arise after you have signed this Agreement;
(e) Any Claims for worker’s compensation benefits, any Claims for unemployment compensation benefits, any Claims for statutory indemnity, and any other Claims that cannot be waived by a private agreement. The General Release is subject to and restricted by your Retained Rights in Paragraph 5.
Non-Released Claims. The General Release by you in Paragraph 3 above does not apply to:
(a) Any Claims for vested benefits under any Company qualified and/or non-qualified retirement, savings or other benefit plans in which you participate, for example, any claims under the Xxxxxxxx Soup Company Retirement and Pension Plan, the Xxxxxxxx Soup Company 401(k) Retirement Plan, the Supplemental Retirement Plan, the Mid-Career Hire Pension Plan and/or the Deferred Compensation Plan.
(b) Any Claims to require the Company to honor its commitments set forth in this Agreement or to interpret or determine the enforceability, scope, meaning, or effect of this Agreement;
(c) Any Claims arising after you have signed this Agreement; and
(d) Any Claims for workers’ compensation benefits, any Claims for unemployment compensation benefits, and any other Claims that cannot be waived by a General Release.
(e) Your right to be indemnified for third-party claims pursuant to the Company’s bylaws or applicable law (including advancement of expenses) and/or to be covered under any applicable directors’ and officers’ liability insurance policies.
Non-Released Claims. Notwithstanding any other provision of this Release, the Employee does not waive or release any Claims for vested benefits under any Company retirement plan in which the Employee participates; any Claims that arise after the Employee signs this Release; any Claims for worker’s compensation benefits, any Claims for unemployment compensation benefits, and any other Claims that cannot be waived by a release as a matter of law.
