Release Exclusions Clause Samples

Release Exclusions. You further understand that nothing in this release generally prevents You from filing a charge or complaint with or from participating in an investigation or proceedings conducted by the Equal Employment Opportunity Commission or any other federal, state, or local agency charged with the enforcement of any laws. You agree that by signing this Agreement, You are waiving Your right to individual, monetary and/or other relief from the Company or any other Released Party based on claims asserted in such a charge or complaint. Finally, You understand this does not include government awards that may be given for providing information to a government agency, nor does it limit your ability to communicate with any government agency or otherwise participate in any investigation or proceeding that may be conducted by any government agency, including providing documents or other information, without notice to the Company. Nothing in this release of claims shall be construed to waive any right that is not subject to waiver by private agreement or that may not be waived by law such as claims for workers’ compensation and unemployment benefits.

Release Exclusions. Notwithstanding the foregoing, this Section 8 does not: (i) waive or release the Company from any obligation expressly set forth in this Agreement; (ii) waive or release the Company from any obligation which as a matter of law cannot be released (including without limitation, any other workers’ compensation Claims based on any alleged willfulness, malice or intentional conduct by the Company which are released by this Agreement); (iii) prohibit or restrict you from filing, or limit your ability to file, a charge or complaint with a Government Agency; (iv) prohibit or restrict you from participating in an investigation or proceeding by a Government Agency, communicating with a Government Agency, or providing information or documents to a Government Agency; or (v) prohibit you from challenging or seeking a determination in good faith of the validity of this release or waiver under applicable state or federal law, or impose any condition precedent, penalty, or costs for doing so unless specifically authorized by state or federal law. Your waiver and release, however, are intended to be a complete bar to any recovery or personal benefit by or to you with respect to any claim whatsoever, including those raised through a charge with a Government Agency, except those which, as a matter of law, cannot be released.

Release Exclusions. Notwithstanding the foregoing, this Section 7 does not: (i) release the Company from any obligation expressly set forth in this Agreement or from any obligation, including without limitation obligations under the Workers Compensation laws, which as a matter of law cannot be released; (ii) prohibit you from filing a charge with the Equal Employment Opportunity Commission (“EEOC”) or any comparable state or local agency; (iii) prohibit you from participating in an investigation or proceeding by the EEOC or any comparable state or local agency; or (iv) prohibit you from challenging or seeking a determination in good faith of the validity of this release or waiver under applicable state or federal law, or impose any condition precedent, penalty, or costs for doing so unless specifically authorized by state or federal law. Your waiver and release, however, are intended to be a complete bar to any recovery or personal benefit by or to you with respect to any claim whatsoever, including those raised through a charge with the EEOC, except those which, as a matter of law, cannot be released.

Release Exclusions. This Settlement Agreement and Release’s Release sections exclude any claims arising out of incidents that occur after the date you sign this Settlement Agreement and Release, such as for breach of this Settlement Agreement and Release or for vested benefits; and any claims this Settlement Agreement and Release can’t waive, such as for unemployment/worker compensation.

Release Exclusions. Notwithstanding the foregoing, this Section 7 does not: (i) release the Company from any obligation expressly set forth in this Agreement; (ii) release the Company from any obligation which cannot be released as a matter of law (including obligations under workers’ compensation laws); (iii) prohibit you from filing a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission, or any other federal, state or local governmental agency or commission (a “Government Agency”); (iv) limit your ability to communicate with a Government Agency, or to report information or alleged violations to a Government Agency and/or receive an award for information provided to a Government Agency, or to participate in any investigation or proceeding conducted by a Government Agency, including providing documents or other information to a Government Agency (which you may do, without notice to the Company); (v) prohibit you from challenging or seeking a determination in good faith of the validity of this waiver or release under applicable state or federal law, or impose any condition precedent, penalty, or costs for doing so unless specifically authorized by state or federal law. Notwithstanding the above-described exceptions, you understand and agree that your waiver and release are intended to be a complete bar to your financial recovery against the Company with respect to any Claims that may have been available to you up to and through the Effective Date, except those which cannot be released as a matter of law. Accordingly, nothing herein shall be deemed to limit the Company’s right to seek dismissal of any such Claims on the basis that the signing of this Agreement constitutes a full release of individual rights and you hereby waive your right to recover any legal or equitable remedies, including reinstatement or monetary damages, in the case of any administrative claim that you file or in which you participate after this Agreement becomes enforceable. However, nothing herein should be construed as a limitation to your financial recovery by and through other third parties through other means, including any applicable whistleblower law or regulation.

Release Exclusions. Excluded from the release in Section 2 above are any claims arising after execution of this General Release, and any claims this General Release cannot waive such as for unemployment or worker’s compensation; any right to COBRA benefits or vested retirement benefits; any existing rights of defense and indemnity or liability insurance coverage; and the right to enforce this General Release. Nothing in this General Release limits FORMER EMPLOYEE’s right to initiate, testify, assist, comply with a subpoena from, or participate in any manner with an investigation conducted by a local, state, or federal government agency or authority or a regulatory authority, including the Securities and Exchange Commission, the Financial Industry Regulatory Authority, or the Equal Employment Opportunity Commission. But FORMER EMPLOYEE does give up, however, any money or other personal benefit he or she might receive from Equitable (not a government agency) for any such claim or litigation, unless prohibited by law. In addition, nothing in this General Release prohibits or limits FORMER EMPLOYEE from filing or disclosing any facts necessary to receive unemployment insurance, Medicaid, or other public benefits to which you are entitled.

Release Exclusions. This Release Agreement does not affect any claim which, by operation of law, may not be waived or which arises after the date on which this Release becomes effective. Nothing in this Release limits Employees rights to file a charge with or participate in an investigation conducted by a federal, state or local government or administrative agency, except that Employee acknowledges and agrees that she hereby waives to the fullest extent permitted by law her right to seek, accept or recover money damages or any other individual relief in connection with any such proceeding. In addition, and notwithstanding anything in this Release to the contrary, this Release does not affect, and the releases of claims provided for herein do not extend to, the following: (a) any rights or claims for indemnification Employee may have pursuant to any written indemnification agreement with the Company or its affiliates to which Employee is a party; (b) the charter, bylaws, operating agreements or similar organizing documents of the Company or its affiliates or any other policy, practice or obligation of the Company with respect to the defense or indemnification of officers or employees or under applicable law; (c) any rights under any liability insurance policy (including directors’ and officers’ liability) of the Company or any of its affiliates; (d) Employee’s rights to enforce or receive benefits under the Agreement; (e) Employee’s rights following the date hereof with respect to any vested equity interests Employee holds in the Company or any of its affiliates; (f) Employee’s rights to any vested benefits to which Employee is entitled under the terms of any of the Company’s or its affiliates’ benefit plans, programs, or policies; or (g) any claim that arises after Employee signs the Release.

Release Exclusions. (a) Notwithstanding anything to the contrary contained in this Agreement, this Agreement does not release, and the Released Claims do not include, and this Agreement shall not be construed as attempting to release: a. any Employee claims that cannot be legally released by an agreement between the Company and Employee, including but not limited to, New Jersey workers’ compensation claims, unemployment claims, violations of the federal Fair Labor Standards Act, or the Uniformed Services Employment and Reemployment Rights Act; b. any obligations of the Company to continue to provide indemnification to Employee as provided in the Company’s by-laws, articles of incorporation or other governing documents or any other agreement, any rights of Employee under Section 6.10 of the Merger Agreement, or Employee’s rights (if any) to be covered under any applicable insurance policy with respect to any liability Employee incurs as a result of Employee’s status as an employee, officer or director of the Company or any affiliate of the Company; c. any rights to vested or accrued benefits under any applicable employee benefit plan (within the meaning of Section 3(3) of ERISA) of the Company or any of its affiliates, the rights to which are governed by the terms of the applicable plan documents; d. any rights of Employee to the payments provided under Annex A of this Agreement (which payments are, among other good and valuable consideration, provided to Employee in exchange for Employee executing and not revoking this Agreement); e. [any rights of Employee to the payments he is entitled to receive under Section 2.8 of the Merger Agreement;]1 f. any rights of Employee in connection with any equity-based, equity-related or other long-term incentive awards granted to Employee by the Company or any affiliate following the Closing, solely to extent that Employee’s rights thereunder survive termination of employment pursuant to the applicable plan or agreement; and/or g. any obligation of the Company to reimburse Employee for business expenses ______________ 1 To be included only if termination occurs before payment under Section 2.8. properly incurred on or prior to the Separation Date in accordance with the Company’s expense reimbursement policy.

Release Exclusions. For the avoidance of doubt, none of the releases herein shall be interpreted to affect claims arising out of the failure of any Party to perform in conformity with the terms of this Settlement Agreement.