Common use of Surviving Claims Clause in Contracts

Surviving Claims. On the Payment Date (as defined in the PSA), QCP shall pay or cause to be paid to Employee the amounts required to be paid to Employee pursuant to Section 1.5 of the PSA. Notwithstanding anything herein to the contrary, Employee’s Release set forth in Section 1 above shall not: (i) waive or release any Claims for payment of amounts or benefits payable as set forth on Schedule 1 hereto; (ii) waive or release any Claim to enforce this Release; (iii) waive or release any Claim for vested employee benefits under plans covered by ERISA; (iv) waive or release any Claim that may not lawfully be waived; (v) waive or release Claims described in Section 4(a) of this Release; (vi) waive or release any Claim for indemnification, advancement, and D&O insurance, including Claims provided for pursuant to Section 4.7 of the PSA; or (vii) limit Employee’s rights under applicable law to provide truthful information to any governmental or regulatory entity or to file a charge with or participate in an investigation conducted by any governmental or regulatory entity. Notwithstanding the foregoing, Employee agrees to waive Employee’s right to recover monetary damages in connection with any charge, complaint or lawsuit unrelated to any Claim described in clauses (i), (ii) and (iv) of the immediately preceding sentence filed by Employee or anyone else on Employee’s behalf (whether involving a governmental entity or not) with respect to Released Matters; provided that Employee is not agreeing to waive, and this Release shall not be read as requiring Employee to waive, any right Employee may have to receive an award for information provided to any governmental or regulatory entity or respond to a subpoena or other legal requirement.

Surviving Claims. On the Payment Date (as defined in the PSA), QCP shall pay or cause to be paid to Employee the amounts required to be paid to Employee pursuant to Section 1.5 of the PSA. Notwithstanding anything herein to the contrary, Employee’s this Release set forth in Section 1 above shall not: (i) waive or release any Claims for payment of amounts or benefits payable as set forth on Schedule 1 heretounder the Employment Agreement (including, without limitation, under Section 6.3 thereof); (ii) waive or release any Claim to enforce this Release; (iii) waive or release any Claim for vested employee benefits under plans covered by ERISAERISA to the extent any such Claim may not lawfully be waived or for any payments or benefits under any Employer plans that have vested (including any 401(k) plan) according to the terms of those plans; (iii) release any Claim or right Releasor may have pursuant to indemnification, advancement, defense, or reimbursement pursuant to any applicable D&O policies, any similar insurance policies, applicable law or otherwise; (iv) waive or release any Claim that may not lawfully be waived;waived in a private agreement between the parties; or (v) waive or release Claims described in Section 4(a) of this Release; (vi) waive or release any Claim for indemnification, advancement, and D&O insurance, including Claims provided for pursuant to Section 4.7 of the PSA; or (vii) limit EmployeeReleasor’s rights under applicable law to provide truthful information to any governmental or regulatory entity or to file a charge with or participate in an investigation conducted by any governmental or regulatory entity. Notwithstanding the foregoing, Employee Xxxxxxxx agrees to waive EmployeeReleasor’s right to recover monetary damages in connection with any charge, complaint or lawsuit unrelated to any Claim described in clauses (i), (ii) and (iv) of the immediately preceding sentence filed by Employee Releasor or anyone else on EmployeeReleasor’s behalf (whether involving a governmental entity or not) with respect to Released Matters); provided that Employee Releasor is not agreeing to waive, and this Release shall not be read as requiring Employee Releasor to waive, any right Employee Releasor may have to receive an award for information provided to any governmental or regulatory entity or respond to a subpoena or other legal requiremententity.

Surviving Claims. On the Payment Date (as defined in the PSA), QCP shall pay or cause to be paid to Employee the amounts required to be paid to Employee pursuant to Section 1.5 of the PSA. Notwithstanding anything herein to the contrary, Employee’s this Release set forth in Section 1 above shall not: (i) waive or release any Claims for payment of cash or equity amounts or benefits payable as set forth on Schedule 1 heretounder the Letter Agreement; (ii) waive or release any Claim to enforce this Release; (iii) waive or release any Claim for vested employee benefits under plans covered by ERISAERISA to the extent any such Claim may not lawfully be waived or for any payments or benefits under any Employer plans that have vested (including any 401(k) plan) according to the terms of those plans; (iii) release any Claim or right Releasor may have pursuant to indemnification, advancement, defense, or reimbursement pursuant to any applicable D&O policies, any similar insurance policies, applicable law or otherwise; (iv) waive or release any Claim that may not lawfully be waived;waived in a private agreement between the parties; or (v) waive or release Claims described in Section 4(a) of this Release; (vi) waive or release any Claim for indemnification, advancement, and D&O insurance, including Claims provided for pursuant to Section 4.7 of the PSA; or (vii) limit EmployeeReleasor’s rights under applicable law to provide truthful information to any governmental or regulatory entity or to file a charge with or participate in an investigation conducted by any governmental or regulatory entity. Notwithstanding the foregoing, Employee Xxxxxxxx agrees to waive EmployeeReleasor’s right to recover monetary damages in connection with any charge, complaint or lawsuit unrelated to any Claim described in clauses (i), (ii) and (iv) of the immediately preceding sentence filed by Employee Releasor or anyone else on EmployeeReleasor’s behalf (whether involving a governmental entity or not) with respect to Released Matters); provided that Employee Releasor is not agreeing to waive, and this Release shall not be read as requiring Employee Releasor to waive, any right Employee Releasor may have to receive an award for information provided to any governmental or regulatory entity or respond to a subpoena or other legal requiremententity.

Surviving Claims. On the Payment Date (as defined in the PSA), QCP shall pay or cause to be paid to Employee the amounts required to be paid to Employee pursuant to Section 1.5 of the PSA. Notwithstanding anything herein to the contrary, Employee’s this Release set forth in Section 1 above shall not: (i) waive or release any Claims for payment of amounts or benefits payable as set forth on Schedule 1 heretounder the Letter Agreement (including, without limitation, under Section 3 thereof); (ii) waive or release any Claim to enforce this Release; (iii) waive or release any Claim for vested employee benefits under plans covered by ERISAERISA to the extent any such Claim may not lawfully be waived or for any payments or benefits under any Employer plans that have vested (including any 401(k) plan) according to the terms of those plans; (iii) release any Claim or right Releasor may have pursuant to indemnification, advancement, defense, or reimbursement pursuant to any applicable D&O policies, any similar insurance policies, applicable law or otherwise; (iv) waive or release any Claim that may not lawfully be waived;waived in a private agreement between the parties; or (v) waive or release Claims described in Section 4(a) of this Release; (vi) waive or release any Claim for indemnification, advancement, and D&O insurance, including Claims provided for pursuant to Section 4.7 of the PSA; or (vii) limit EmployeeReleasor’s rights under applicable law to provide truthful information to any governmental or regulatory entity or to file a charge with or participate in an investigation conducted by any governmental or regulatory entity. Notwithstanding the foregoing, Employee Xxxxxxxx agrees to waive EmployeeReleasor’s right to recover monetary damages in connection with any charge, complaint or lawsuit unrelated to any Claim described in clauses (i), (ii) and (iv) of the immediately preceding sentence filed by Employee Releasor or anyone else on EmployeeReleasor’s behalf (whether involving a governmental entity or not) with respect to Released Matters); provided that Employee Releasor is not agreeing to waive, and this Release shall not be read as requiring Employee Releasor to waive, any right Employee Releasor may have to receive an award for information provided to any governmental or regulatory entity or respond to a subpoena or other legal requiremententity.

Surviving Claims. On the Payment Date (as defined in the PSA), QCP shall pay or cause to be paid to Employee the amounts required to be paid to Employee pursuant to Section 1.5 of the PSA. Notwithstanding anything herein to the contrary, Employee’s this Release set forth in Section 1 above shall not: (i) waive or release any Claims for payment of amounts or benefits payable as set forth on Schedule 1 heretounder the Employment Agreement (including, without limitation, under Section 5.3 thereof); (ii) waive or release any Claim to enforce this Release; (iii) waive or release any Claim for vested employee benefits under plans covered by ERISAERISA to the extent any such Claim may not lawfully be waived or for any payments or benefits under any Employer plans that have vested (including any 401(k) plan) according to the terms of those plans; (iii) release any Claim or right Executive Releasor may have pursuant to indemnification, advancement, defense, or reimbursement pursuant to any applicable D&O policies, any similar insurance policies, applicable law or otherwise; (iv) waive or release any Claim that may not lawfully be waivedwaived in a private agreement between the parties; (v) waive or release Claims described in Section 4(a) of this Releaseany Claim under the Restrictive Covenant Agreement; (vi) waive or release any Claim for indemnificationunder, advancementor arising in connection with the transactions contemplated by, and D&O insurance, including Claims provided for pursuant to Section 4.7 of the PSAMIPA or the Lockup Agreement (as defined therein); or (vii) limit EmployeeExecutive Releasor’s rights under applicable law to provide truthful information to any governmental or regulatory entity or to file a charge with or participate in an investigation conducted by any governmental or regulatory entity. Notwithstanding the foregoing, Employee Executive Releasor agrees to waive EmployeeExecutive Releasor’s right to recover monetary damages in connection with any charge, complaint or lawsuit unrelated to any Claim described in clauses (i), (ii) and (iv) of the immediately preceding sentence filed by Employee Executive Releasor or anyone else on EmployeeExecutive Releasor’s behalf (whether involving a governmental entity or not) with respect to Released Matters); provided that Employee Executive Releasor is not agreeing to waive, and this Release shall not be read as requiring Employee Executive Releasor to waive, any right Employee Executive Releasor may have to receive an award for information provided to any governmental or regulatory entity or respond to a subpoena or other legal requiremententity.

Surviving Claims. On the Payment Date (as defined in the PSA), QCP shall pay or cause to be paid to Employee the amounts required to be paid to Employee pursuant to Section 1.5 of the PSA. Notwithstanding anything herein to the contrary, Employee’s this Release set forth in Section 1 above shall not: (i) waive or release any Claims for payment of amounts payable under the Employment Agreement (including under Section 6[•] thereof) or benefits payable as set forth on Schedule 1 heretoany rights or obligations imposed by the surviving Sections of the Employment Agreement, which include but are not limited to Sections 9, 10, 11, 12, 13, 14 and 15; (ii) waive or release any Claim to enforce this Release; (iii) waive or release any Claim for vested employee benefits under plans covered by ERISAERISA to the extent any such Claim may not lawfully be waived or for any payments or benefits under any Employer plans that have vested according to the terms of those plans; (iviii) waive or release any Claim that may not lawfully be waived; (viv) waive or release Claims described in Section 4(a) of this Release; (vi) waive or release any Claim for indemnification, advancement, indemnification and D&O insurance, including Claims provided for pursuant to Section 4.7 insurance in accordance with the Employment Agreement and with applicable laws and the corporate governance documents of the PSAEmployer; or (viiv) limit Employee’s 's rights under applicable law to provide truthful information to any governmental or regulatory entity or to file a charge with or participate in an investigation conducted by any governmental or regulatory entity. Notwithstanding the foregoing, Employee agrees to waive Employee’s 's right to recover monetary damages in connection with any charge, complaint or lawsuit unrelated to any Claim described in clauses (i), (ii) and (iv) of the immediately preceding sentence filed by Employee or anyone else on Employee’s 's behalf (whether involving a governmental entity or not) with respect to Released Matters); provided that Employee is not agreeing to waive, and this Release shall not be read as requiring Employee to waive, any right Employee may have to receive an award for information provided to any governmental or regulatory entity or respond to a subpoena or other legal requiremententity.