Common use of Surviving Claims Clause in Contracts

Surviving Claims. Notwithstanding anything herein to the contrary, this Release shall not: (a) limit or prohibit in any way Executive’s (or Executive’s beneficiaries’ or legal representatives’) rights to bring an action to enforce the terms of the Employment Agreement or this Release; (b) release any claim for employee benefits under plans covered by the Employee Retirement Income Security Act of 1974, as amended, to the extent that such claims may not lawfully be waived, or for any payments or benefits under any benefit plans of the Company and its affiliates in which Executive was a participant as of the date of termination of Executive’s employment that have accrued or vested in accordance with and pursuant to the terms of those plans; (c) release any claims in respect of Executive’s equity interests (including equity incentive awards) in the Company or its affiliates, in each case, in accordance with their terms and any applicable plan, subscription and/or contribution agreement, award agreement, the Employment Agreement, shareholders agreement and/or corporate governance documents; or (d) release any claims for indemnification or recovery (i) in accordance with applicable laws or the corporate governance documents of the Company or its affiliates in accordance with their terms as in effect from time to time, (ii) pursuant to any applicable directors and officers insurance policy with respect to any liability incurred by Executive as an officer or director of the Company or its affiliates in accordance with the terms thereof or (iii) pursuant to the terms of the Employment Agreement.