Common use of Non-released matters Clause in Contracts

Non-released matters. Notwithstanding the foregoing Section 3.01 of this Separation Agreement, the release set forth therein shall not apply to (1) any severance or other benefits due Executive under this Separation Agreement or the Employment Agreement for which Executive has not expressly acknowledged receipt or satisfaction in Section 2.01 of this Separation Agreement or otherwise; (2) any right of Executive to receive workers’ compensation benefits; (3) any right to continue Executive’s group health benefits in accordance with the Consolidated Omnibus Budget Reconciliation Act; (4) any right of Executive to indemnification pursuant to the Company’s Bylaws, its articles of incorporation (as may be amended from time to time), the Employment Agreement and any other agreement to which Executive is a party entered into in connection with the Employment Agreement (collectively, the “Transaction Documents”); (5) any other right of Executive under any of the Transaction Documents; or (6) any rights of Executive under any written equity-based award agreement entered into by and between any member of the Company Group and Executive in effect at the Separation Date.

Non-released matters. Notwithstanding the foregoing Section 3.01 of this Separation Agreement, the release set forth therein shall not apply to (1) any severance or other benefits due Executive under this Separation Agreement or the Employment Second Amended Agreement for which Executive has not expressly acknowledged receipt or satisfaction in Section 2.01 of this Separation Agreement or otherwise; (2) any right of Executive to receive workers’ compensation benefits; (3) any right to continue Executive’s group health benefits in accordance with the Consolidated Omnibus Budget Reconciliation Act; (4) any right of Executive to indemnification pursuant to the Company’s Bylaws, its articles of incorporation (as may be amended from time to time), the Employment Second Amended Agreement and any other agreement to which Executive is a party entered into in connection with the Employment Second Amended Agreement (collectively, the “Transaction Documents”); (5) any other right of Executive under any of the Transaction Documents; or (6) any rights of Executive under any written equity-based award agreement entered into by and between any member of the Company Group and Executive in effect at the Separation Date.

Non-released matters. Notwithstanding the foregoing Section 3.01 of this Separation Agreement, the release set forth therein shall not apply to (1) any severance or other benefits due Executive under this Separation Agreement or the Employment Agreement for which Executive has not expressly acknowledged receipt or satisfaction in Section 2.01 of this Separation Agreement or otherwise; (2) any right of Executive to receive workers’ compensation benefits; (3) any right to continue Executive’s group health benefits in accordance with the Consolidated Omnibus Budget Reconciliation Act; (4) any right of Executive to indemnification pursuant to the Company’s Bylaws, its articles of incorporation (as may be amended from time to time), the Employment Agreement and any other agreement to which Executive is a party entered into in connection with the Employment Agreement (collectively, the “Transaction Documents”); (5) any other right of Executive under any of the Transaction Documents; or (6) any rights of Executive under any written equity-based award agreement entered into by and between any member of the Company Group and Executive in effect at the Separation Date. ______________________ 1Bracketed language to be included in Release in the event Executive is to receive payments under Section 4.02(c) of the Employment Agreement.

Non-released matters. Notwithstanding the foregoing Section 3.01 of this Separation Agreement, the release set forth therein shall not apply to (1) any severance or other benefits due Executive under this Separation Agreement or the Employment Agreement for which Executive has not expressly acknowledged receipt or satisfaction in Section 2.01 of this Separation Agreement or otherwise; (2) any right of Executive to receive workers’ compensation benefits; (3) any right to continue Executive’s group health benefits in accordance with the Consolidated Omnibus Budget Reconciliation Act; (4) any right of Executive to indemnification pursuant to the Company’s Bylaws, its articles of incorporation (as may be amended from time to time), the Employment Agreement and any other agreement to which Executive is a party entered into in connection with the Employment Agreement (collectively, the “Transaction Documents”); (5) any other right of Executive under any of the Transaction Documents; or (6) any rights of Executive under any written equity-based award agreement entered into by and between any member of the Company Group and Executive in effect at the Separation Date.