Release Limitations; Participation in Agency Proceedings. Notwithstanding the foregoing, this section does not: (i) release the Company from any obligation expressly set forth in this Agreement; (ii) waive or release any Claims which the Executive may not waive or release by law, including without limitation obligations under workers compensation laws; or (iii) prohibit the Executive from challenging the validity of this release under federal law, from filing a charge or complaint of employment related discrimination with the Equal Employment Opportunity Commission (“EEOC”) or similar state agency, or from participating in any investigation or proceeding conducted by the EEOC or similar state agency. The Executive’s waiver and release, however, are intended to be a complete bar to any recovery or personal benefit by or to the Executive with respect to any Claim (except those which cannot be released under law), including those raised through a charge with the EEOC. Accordingly, nothing in this section shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that the Executive’s signing of this Agreement constitutes a full release of any individual rights under federal discrimination laws, or to seek restitution to the extent permitted by law of the economic benefits provided to the Executive under this Agreement in the event the Executive successfully challenges the validity of this release and prevails in any Claim under federal discrimination laws.
Release Limitations; Participation in Agency Proceedings. Notwithstanding the foregoing, this Section does not:
i. Release the Company from any obligation expressly set forth in this Agreement.
ii. Waive or release any legal claims, which you may not waive or release by law, including claims under any workers compensation or unemployment insurance laws.
iii. Prohibit you from challenging the validity of this release under federal law.
iv. Prohibit you from filing a charge or complaint of employment-related discrimination with the Equal Employment Opportunity Commission (“EEOC”) or similar state agency, or from participating in any investigation or proceeding conducted by the EEOC or similar state agency, or from responding to a request for information or documents (or providing information or documents) to the EEOC or similar state agency. 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 (except those which cannot be released under law), including those raised through a charge with the EEOC. Accordingly, nothing in this Section shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the federal discrimination laws, or to seek restitution to the extent permitted by law of the economic benefits provided to you under this Agreement in the event you successfully challenge the validity of this release and prevail in any claim under the federal discrimination laws.
Release Limitations; Participation in Agency Proceedings. Notwithstanding the foregoing, this Section does not:
i. Release the Company from any obligation expressly set forth in this Agreement nor preclude you from filing a claim to enforce the terms of this Agreement;
ii. Prohibit you from asserting a claim arising after the Effective Date of this Agreement;
iii. Waive or release any legal claims, which you may not waive or release by law, including claims under any workers compensation or unemployment insurance laws.
iv. Prohibit you from challenging the validity of this release under federal law.
v. Prohibit you from filing a charge or complaint of employment-related discrimination with the Equal Employment Opportunity Commission (“EEOC”) or similar state agency, or from participating in any investigation or proceeding conducted by the EEOC or similar state agency, or from responding to a request for information or documents (or providing information or documents) to the EEOC or similar state agency, provided that you agree that you are not entitled to receive any payments from or on behalf of the Company in respect to the filing of such charge or complaint.
vi. Waive or release any rights to advancement, indemnification or insurance under the Company’s governing documents, any indemnification agreement or other agreement or under any directors and officers, employment practices or other insurance; and any right of contribution against any directors and officers in respect of any claims made against Executive.
Release Limitations; Participation in Agency Proceedings. Notwithstanding the foregoing, this Section does not: i. Release the Company from any obligation expressly set forth in this Agreement.
Release Limitations; Participation in Agency Proceedings. Notwithstanding the foregoing, this section does not: (i) release Company from any obligation expressly set forth in this Agreement; (ii) waive or release any legal claims which Executive may not waive or release by law, including obligations under workers’ compensation laws; (iii) prohibit Executive from challenging the validity of this release under federal law; (iv) prohibit Executive from filing a charge or complaint of employment-related discrimination with the Equal Employment Opportunity Commission (“EEOC”) or similar state agency, or from participating in any investigation or proceeding conducted by the EEOC or similar state agency, or from responding to a request for information or documents (or providing information or documents) to the EEOC or similar state agency; or (v) limit Executive’s ability to communicate with any government agencies 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 Company, or
Release Limitations; Participation in Agency Proceedings. Notwithstanding the foregoing, this section shall not: (i) release the Company from any obligation expressly set forth in this Agreement; (ii) release or waive any right that may not be released or waived by law (for instance, workers’ compensation); or (iii) prohibit you from challenging the validity of this release; or (iv) prohibit you from filing a charge or complaint with the Equal Employment Opportunity Commission (“EEOC”) or analogous state agency, or from participating in an investigation or proceeding conducted by the EEOC or analogous state agency, or from responding to a request for information or documents (or providing information or documents) to the EEOC or analogous state agency. Notwithstanding the foregoing, please note that nothing in this release or Agreement shall be deemed to limit the Company’s right to seek immediate dismissal of a charge or complaint on the basis that your signing of this Agreement constitutes a full release of any individual rights under the applicable discrimination laws, or to seek restitution to the extent permitted by law of the economic benefits provided to you under this Agreement in the event that you successfully challenge the validity of this release and prevail in any claim under the applicable law.
Release Limitations; Participation in Agency Proceedings. (i) Notwithstanding anything to the contrary contained in this Letter Agreement, this release does not include and will not preclude: (1) any claims or rights which cannot be waived by law, including you right to accrued and unused vacation pay; (2) any claims for the payments and benefits due under this Letter Agreement or claims to enforce rights that accrue under this Letter Agreement following termination of your employment; (3) any claims or rights to any vested benefits or vested rights that you may have under the express terms of any employee benefit, retirement, pension or equity plans; (4) any rights and/or claims under COBRA to elect continued group health plan coverage; (6) claims for reimbursement of approved business expenses incurred prior to the Separation Date, subject to the terms of Section 3; (7) rights, if any, to defense and indemnification from the Company or its insurers pursuant to the Company’s articles of incorporation or bylaws, applicable law or any applicable directors and officers insurance policies or indemnification agreement of the Company; and (8) any rights and/or claims you may have as a shareholder of the Company to the extent arising after the Separation Date.
(ii) This Release does not prohibit you from challenging the validity of this release under federal law, from filing a charge or complaint of employment-related discrimination with the Equal Employment Opportunity Commission (“EEOC”) or similar state agency, or from participating in any investigation or proceeding conducted by the EEOC or similar state agency. 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 such claim (except those which cannot be released under law), including those raised through a charge with the EEOC. Accordingly, nothing in this section shall be deemed to limit the Company’s right to seek immediate dismissal of such charge or complaint on the basis that your signing of this Letter Agreement constitutes a full release of any individual rights under the federal discrimination laws, or to seek restitution to the extent permitted by law of the economic benefits provided to you under this Letter Agreement in the event you successfully challenge the validity of this release and prevail in any claim under the federal discrimination laws.
