Common use of RIGHTS NOT WAIVED Clause in Contracts

RIGHTS NOT WAIVED. The Executive represents that he has not filed any charges, complaints, or other proceedings against the Company or any of the Company Released Parties that are presently pending with any federal, state, or local court or administrative or governmental agency. Notwithstanding this release of liability, nothing in this Agreement prevents the Executive from filing any non-legally waivable claim (including a challenge to the validity of this Agreement) with the Equal Employment Opportunity Commission ("EEOC"), National Labor Relations Board ("NLRB"), or comparable state or local agency or participating in any investigation or proceeding conducted by the EEOC, NLRB, or comparable state or local agency; however, the Executive understands and agrees that the Executive is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOC, NLRB, or comparable state or local agency proceeding or subsequent legal actions. In addition, nothing in this Agreement prohibits the Executive from reporting possible violations of federal law or regulation to any government agency or entity, making other disclosures that are protected under whistleblower provisions of law, or receiving an award or monetary recovery pursuant to the Securities and Exchange Commission's whistleblower program. The Executive does not need prior authorization to make such reports or disclosures and is not required to notify the Company that he has made any such report or disclosure. Notwithstanding anything contained in this Agreement to the contrary, this Agreement does not constitute a release nor a waiver of any of the following claims: (i) claims pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended or similar state law; (ii) indemnification rights the Executive may have in accordance with the Company's governance instruments or under any director and officer liability insurance maintained by the Company with respect to liabilities arising as a result of the Executive's service as an officer, director, or employee of the Company; and (iii) claims the Executive may have as an employee participating in a Company-sponsored employee benefit plan qualified under Section 401(a) of the Internal Revenue Code of 1986, as amended.

RIGHTS NOT WAIVED. The Executive represents Regardless of any term stated in any other section of this Agreement: a. This Agreement does not waive Employee’s rights, if any, to receive ERISA-covered benefits (e.g., pension or medical benefits) that he has are vested pursuant to a formally-adopted and properly-authorized written benefit plan. b. This Agreement does not filed any chargeswaive unemployment compensation benefits, complaints, or other proceedings against the Company workers’ compensation benefits or any of the Company Released Parties other rights that are presently pending with any federal, state, or local court or administrative or governmental agency. Notwithstanding this release of liability, nothing may not lawfully be released by a private agreement. c. Nothing in this Agreement prevents the Executive Employee from filing any non-legally waivable claim (including a challenge to the validity of this Agreement) with charge or complaint with, or from participating in an investigation or proceeding conducted by, the Equal Employment Opportunity Commission ("“EEOC"”), United States Securities and Exchange Commission (the “SEC”), National Labor Relations Board ("the “NLRB"”), United States Department of Labor (the “DOL”), or comparable state any other governmental agency; but as to all of the claims that Employee has released as provided in this Agreement, Employee is waiving your right to receive any individual relief in any such investigation or local agency proceeding. d. Nothing in this Agreement prevents Employee from (a) providing truthful testimony in any legal proceeding to which he is a party, (b) providing truthful testimony or information if he is legally compelled or required to do so, (c) providing truthful information in any charge or complaint with the EEOC, SEC, NLRB, DOL or other governmental agency, or (d) providing truthful information in the course of participating in any an investigation or proceeding conducted by the EEOC, NLRB, or comparable state or local agency; however, the Executive understands and agrees that the Executive is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOCSEC, NLRB, DOL, or comparable state any other governmental agency. e. Nothing in this Agreement prevents Employee from taking any action to challenge the knowing and voluntary nature of this Agreement under the Older Workers Benefit Protection Act (OWBPA). This includes, without limitation, that this Agreement does not prevent Employee from filing or local agency proceeding pursuing a charge of discrimination, lawsuit or subsequent legal actionsarbitration to the extent it is brought under the federal Age Discrimination in Employment Act of 1967 (ADEA) and challenges the knowing and voluntary nature of this Agreement under the OWBPA. In additionFurther, nothing in this Agreement prohibits the Executive from reporting possible violations shall cause Employee to be liable for damages, attorneys’ fees, costs or disbursements in connection with any such charge of federal law discrimination, lawsuit or regulation to any government agency or entity, making other disclosures that are protected under whistleblower provisions of law, or receiving an award or monetary recovery pursuant arbitration to the Securities extent it is so brought. However, if this Agreement is found to be knowing and Exchange Commission's whistleblower program. The Executive does not need prior authorization to make such reports or disclosures voluntary under the OWBPA, Employee’s release and is not required to notify waiver of claims under the Company that he has made any such report or disclosure. Notwithstanding anything contained ADEA, as provided in this Agreement to the contraryAgreement, this Agreement does not constitute a release nor a waiver of any of the following claims: (i) claims pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended or similar state law; (ii) indemnification rights the Executive may have in accordance with the Company's governance instruments or under any director and officer liability insurance maintained by the Company with respect to liabilities arising as a result of the Executive's service as an officer, director, or employee of the Company; and (iii) claims the Executive may have as an employee participating in a Company-sponsored employee benefit plan qualified under Section 401(a) of the Internal Revenue Code of 1986, as amendedshall be fully effective.

RIGHTS NOT WAIVED. The Executive represents Regardless of any term stated in any other section of this agreement: a. This agreement does not waive employee’s rights, if any, to receive ERISA-covered benefits (e.g., pension or medical benefits) that he has are vested pursuant to a formally-adopted and properly-authorized written benefit plan. b. This agreement does not filed waive unemployment compensation benefits, workers’ compensation benefits or any charges, complaintsother rights that may not lawfully be released by a private agreement. c. Nothing in this agreement prevents employee from filing a charge or complaint with, or other proceedings against from participating in an investigation or proceeding conducted by, the Company EEOC, SEC, NLRB, DOL, or any other governmental agency; but as to all of the Company Released Parties claims that are presently pending employee has released as provided in this agreement, employee is waiving his right to receive any individual relief in any such investigation or proceeding. d. Nothing in this agreement prevents employee from (a) providing truthful testimony in any legal proceeding to which he is a party, (b) providing truthful testimony or information if he is legally compelled or required to do so, (c) providing truthful information in any charge or complaint with any federalthe EEOC, stateSEC, NLRB, DOL or other governmental agency, or local court or administrative or governmental agency. Notwithstanding this release (d) providing truthful information in the course of liability, nothing in this Agreement prevents the Executive from filing any non-legally waivable claim (including a challenge to the validity of this Agreement) with the Equal Employment Opportunity Commission ("EEOC"), National Labor Relations Board ("NLRB"), or comparable state or local agency or participating in any an investigation or proceeding conducted by the EEOC, NLRB, or comparable state or local agency; however, the Executive understands and agrees that the Executive is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOCSEC, NLRB, DOL, or comparable state any other governmental agency. e. Nothing in this agreement prevents employee from taking any action to challenge the knowing and voluntary nature of this agreement under the Older Workers Benefit Protection Act (OWBPA). This includes, without limitation, that this agreement does not prevent employee from filing or local agency proceeding pursuing a charge of discrimination, lawsuit or subsequent legal actionsarbitration to the extent it is brought under the federal Age Discrimination in Employment Act of 1967 (ADEA) and challenges the knowing and voluntary nature of this agreement under the OWBPA. In additionFurther, nothing in this Agreement prohibits the Executive from reporting possible violations agreement shall cause employee to be liable for damages, attorneys’ fees, costs or disbursements in connection with any such charge of federal law discrimination, lawsuit or regulation to any government agency or entity, making other disclosures that are protected under whistleblower provisions of law, or receiving an award or monetary recovery pursuant arbitration to the Securities extent it is so brought. However, if this agreement is found to be knowing and Exchange Commission's whistleblower program. The Executive does not need prior authorization to make such reports or disclosures voluntary under the OWBPA, employee’s release and is not required to notify waiver of claims under the Company that he has made any such report or disclosure. Notwithstanding anything contained ADEA, as provided in this Agreement to the contraryagreement, this Agreement does not constitute a release nor a waiver of any of the following claims: (i) claims pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended or similar state law; (ii) indemnification rights the Executive may have in accordance with the Company's governance instruments or under any director and officer liability insurance maintained by the Company with respect to liabilities arising as a result of the Executive's service as an officer, director, or employee of the Company; and (iii) claims the Executive may have as an employee participating in a Company-sponsored employee benefit plan qualified under Section 401(a) of the Internal Revenue Code of 1986, as amendedshall be fully effective.

RIGHTS NOT WAIVED. The Executive represents Regardless of any term stated in any other section of this agreement: i. This Agreement does not waive your rights, if any, to receive ERISA-covered benefits (e.g., pension or medical benefits) that he has are vested pursuant to a formally-adopted and properly-authorized written benefit plan. ii. This Agreement does not filed any chargeswaive unemployment compensation benefits, complaints, or other proceedings against the Company workers’ compensation benefits or any of the Company Released Parties other rights that are presently pending with any federal, state, or local court or administrative or governmental agencymay not lawfully be released by a private agreement. iii. Notwithstanding this release of liability, nothing Nothing in this Agreement prevents the Executive you from filing a charge or complaint with, or from participating in an investigation or proceeding conducted by, the EEOC, NLRB, DOL, SEC, or any non-legally waivable claim (including a challenge other governmental agency; but as to all of the validity of claims that you have released as provided in this Agreement, you are waiving your right to receive any individual relief in any such investigation or proceeding. iv. Nothing in this Agreement prevents you from (a) providing truthful testimony in any legal proceeding to which you are a party, (b) providing truthful testimony or information if you are legally compelled or required to do so, (c) providing truthful information in any charge or complaint with the Equal Employment Opportunity Commission ("EEOC"), National Labor Relations Board ("NLRB"), DOL SEC, or comparable state other governmental agency, or local agency or (d) providing truthful information in the course of participating in any an investigation or proceeding conducted by the EEOC, NLRB, or comparable state or local agency; howeverDOL, the Executive understands and agrees that the Executive is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOC, NLRBSEC, or comparable state any other governmental agency. v. Nothing in this Agreement prevents you from taking any action to challenge the knowing and voluntary nature of this Agreement under the Older Workers Benefit Protection Act (OWBPA). This includes, without limitation, that this Agreement does not prevent you from filing or local agency proceeding pursuing a charge of discrimination, lawsuit or subsequent legal actionsarbitration to the extent it is brought under the federal Age Discrimination in Employment Act of 1967 (ADEA) and challenges the knowing and voluntary nature of this Agreement under the OWBPA. In additionFurther, nothing in this Agreement prohibits the Executive from reporting possible violations shall cause you to be liable for damages, attorneys’ fees, costs or disbursements in connection with any such charge of federal law discrimination, lawsuit or regulation to any government agency or entity, making other disclosures that are protected under whistleblower provisions of law, or receiving an award or monetary recovery pursuant arbitration to the Securities extent it is so brought. However, if this Agreement is found to be knowing and Exchange Commission's whistleblower program. The Executive does not need prior authorization to make such reports or disclosures voluntary under the OWBPA, your release and is not required to notify waiver of claims under the Company that he has made any such report or disclosure. Notwithstanding anything contained ADEA, as provided in this Agreement to the contraryAgreement, this Agreement does not constitute a release nor a waiver of any of the following claims: (i) claims pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended or similar state law; (ii) indemnification rights the Executive may have in accordance with the Company's governance instruments or under any director and officer liability insurance maintained by the Company with respect to liabilities arising as a result of the Executive's service as an officer, director, or employee of the Company; and (iii) claims the Executive may have as an employee participating in a Company-sponsored employee benefit plan qualified under Section 401(a) of the Internal Revenue Code of 1986, as amendedshall be fully effective.

RIGHTS NOT WAIVED. The Executive represents You understand this Agreement does not apply to (a) any claims or rights that he has may arise after the date that you signed this Agreement, (b) Employer’s expense reimbursement policies, (c) any vested rights under Employer’s ERISA-covered employee benefit plans as applicable on the date you sign this Agreement, and (d) any claims that the controlling law clearly states may not filed any chargesbe released by private agreement. Moreover, complaintsnothing in this Agreement (including but not limited to the release of claims, the promise not to xxx, the confidentiality obligations, and the return of property provision) (e) prevents you from communicating with or filing a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Securities and Exchange Commission, law enforcement, or any other proceedings against federal, state or local agency charged with the Company enforcement of any laws, or any from responding to a subpoena or discovery request in court litigation or arbitration, or (f) precludes you from exercising your rights under Section 7 of the Company Released Parties that NLRA or similar state law, to engage in protected, concerted activity with other employees, although by signing this Agreement you are presently pending with waiving your right to recover any federalindividual relief (including any backpay, statefront pay, reinstatement or other legal or equitable relief) in any charge, complaint, or local court lawsuit or administrative other proceeding brought by you or governmental on your behalf by any third party, except for any right you may have to receive a payment or award from a government agency (and not Employer) for information provided to the government agency. Notwithstanding this release of liabilityFurther, nothing in this Agreement prevents you from challenging the Executive from filing any non-legally waivable claim (including a challenge to the validity knowing and voluntary nature of this Agreement) with Agreement under the Equal Employment Opportunity Commission Older Workers Benefit Protection Act ("EEOC"“OWBPA”), National Labor Relations Board ("NLRB"), or comparable state or local agency or participating in any investigation or proceeding conducted by the EEOC, NLRB, or comparable state or local agency; however, the Executive understands and agrees that the Executive is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOC, NLRB, or comparable state or local agency proceeding or subsequent legal actions. In additionFor New Jersey employees, nothing in this Agreement prohibits (including but not limited to the Executive from reporting possible violations release of federal law claims, the promise not to xxx, the confidentiality obligations, and the return of property provision) shall have the purpose or regulation effect of requiring you to conceal the details relating to any government agency or entityclaim of discrimination, making other disclosures that are protected under whistleblower provisions of lawharassment, or receiving an award or monetary recovery pursuant to the Securities retaliation, provided that you do not reveal proprietary information consisting of non-public trade secrets, business plans, and Exchange Commission's whistleblower programcustomer information. The Executive does not need prior authorization to make such reports or disclosures and is not required to notify the Company that he has made any such report or disclosure. Notwithstanding anything contained For California employees, nothing in this Agreement (including but not limited to the contraryrelease of claims, the promise not to xxx, the confidentiality obligations, and the return of property provision) waives your right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of Employer, or on the part of the agents or employees of Employer, when you have been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature; or prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful. For Illinois and Nevada employees, nothing in this Agreement does (including but not constitute a limited to the release nor a waiver of any claims, the promise not to xxx, the confidentiality obligations, and the return of property provision) precludes you from testifying in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged unlawful employment practices regarding the following claims: (i) claims Employer, its agents, or employees, when you have been required or requested to do so pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconciliation Act of 1986a court order, as amended or similar state law; (ii) indemnification rights the Executive may have in accordance with the Company's governance instruments or under any director and officer liability insurance maintained by the Company with respect to liabilities arising as a result of the Executive's service as an officer, directorsubpoena, or employee written request from an administrative agency or the legislature. For Oregon employees, nothing in this Agreement (including but not limited to the release of claims, the Companypromise not to xxx, the confidentiality obligations, and the return of property provision) (w) has the purpose or effect of preventing you from disclosing factual information or discussing conduct that constitutes unlawful discrimination; and (iii) claims the Executive may have as an employee participating in a Company-sponsored employee benefit plan qualified under Section 401(a) of the Internal Revenue Code of 1986harassment; sexual harassment, as amendedabuse, assault, or other criminal conduct; or retaliation.