Common use of Surviving Claims Clause in Contracts

Surviving Claims. Notwithstanding anything herein to the contrary, this Release shall not: (a) release any Claims relating to the payments and benefits set forth in the Transition Agreement; (b) release any Claims arising after the date of this Release; (c) limit or prohibit in any way your (or your beneficiaries’ or legal representatives’) ability to bring an action to enforce the terms of this Release; (d) release the Company’s obligations to you as a past, present, or future customer or client of the Company or its affiliates; (e) release any claim for employee benefits under plans covered by the Employee Retirement Income Security Act of 1974, as amended, or other vested benefits to the extent that such claims may not lawfully be waived or for any payments or benefits under any plans of the Company that have vested according to the terms of those plans; (f) release any claims for indemnification in accordance with applicable laws and the corporate governance documents of the Company including any right to contribution, in accordance with their terms as in effect from time to time or pursuant to any applicable directors and officers insurance policy with respect to any liability incurred by you as an officer or director of the Company or any right you may have to obtain contribution as permitted by law in the event of entry of judgment. The Claims that are not released pursuant to this Section 2 are collectively referred to as the “Surviving Claims.”

Appears in 6 contracts

Samples: Transition Agreement (Bank of New York Mellon CORP), Transition Agreement (Bank of New York Co Inc), Transition Agreement (Bank of New York Co Inc)

AutoNDA by SimpleDocs

Surviving Claims. Notwithstanding anything herein to the contrary, this Release shall not: (a) release any Claims relating to the payments and benefits set forth in Section 2 of the Transition Agreement; (b) release any Claims arising after the date of this Release; (c) limit or prohibit in any way your Executive’s (or your his beneficiaries’ or legal representatives’) ability to bring an action to enforce the terms of this Release; (d) release the Company’s obligations to you as a past, present, or future customer or client of the Company or its affiliates; (e) release any claim for employee Executive benefits under plans covered by the Employee Retirement Income Security Act of 1974, as amended, or other vested benefits to the extent that such claims may not lawfully be waived or for any payments or benefits under any plans of the Company Popular that have vested according to the terms of those plans; (fe) release any claims for indemnification in accordance with applicable laws and the corporate governance documents of the Company Popular, including any right to contribution, in accordance with their terms as in effect from time to time or pursuant to any applicable directors and officers insurance policy with respect to any liability incurred by you Executive as an officer or director of the Company Popular or any member of Popular or any right you Executive may have to obtain contribution as permitted by law in the event of entry of judgment. The Claims that are not released pursuant to this Section 2 are collectively referred to as ; or f) release any obligations from any individual who is a Released Party arising from any personal business relationship with Executive outside of the “Surviving Claimsemployment relationship, including, without limitation, any mortgages or loans.

Appears in 1 contract

Samples: Severance Agreement (Popular Inc)

AutoNDA by SimpleDocs

Surviving Claims. Notwithstanding anything herein to the contrary, this Release shall not: (a) release any Claims relating to the payments and benefits set forth in the Transition Service Agreement; (b) release any Claims arising after the date of this Release; (c) limit or prohibit in any way your (or your beneficiaries’ or legal representatives’) ability to bring an action to enforce the terms of this Release; (d) release the Company’s obligations to you as a past, present, or future customer or client of the Company or its affiliates; (e) release any claim for employee benefits under plans covered by the Employee Retirement Income Security Act of 1974, as amended, or other vested benefits to the extent that such claims may not lawfully be waived or for any payments or benefits under any plans of the Company that have vested according to the terms of those plans;; or (f) release any claims for indemnification in accordance with applicable laws and the corporate governance documents of the Company including any right to contribution, in accordance with their terms as in effect from time to time or pursuant to any applicable directors and officers insurance policy with respect to any liability incurred by you as an officer or director of the Company or any right you may have to obtain contribution as permitted by law in the event of entry of judgment. The Claims that are not released pursuant to this Section 2 are collectively referred to as the “Surviving Claims.

Appears in 1 contract

Samples: Merger Agreement (Bank of New York Co Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!