Example ContractsClausesClaims Not Covered
Claims Not Covered
Claims Not Covered contract clause examples

Claims Covered. Associate and the Company agree to arbitrate any and all existing or future disputes or claims between them whether the disputes or claims arise under common law, or in tort, contract, or pursuant to a statute, regulation, or ordinance now in existence or which may in the future be enacted or recognized including, but not limited to, the following claims ("Covered Claims"):

Claims Not Covered. This agreement to arbitrate does not prevent Employee from filing a complaint or charge with the National Relations Labor Board, the Equal Employment Opportunity Commission, or any similar federal or state administrative agency, including claims for workers’ compensation or unemployment insurance benefits, nor does it require Employee to arbitrate any claim that cannot be required to be arbitrated as a matter of law. Also excluded from this agreement to arbitrate is any claim for recoupment of any compensation pursuant to any recoupment policy maintained by the Company under Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act or any Securities and Exchange Commission Rules, as such policy is amended from time to time.

Claims Not Released. This Agreement does not release: # any claims for reimbursement of business expenses owed to Employee pursuant to California Labor Code § 2802, provided, however, that Employee hereby represents that all necessary expenditures or losses covered by § 2802 have been submitted in accordance with Employer’s policy prior to the date Employee signs this Agreement; # any pending claims for workers’ compensation benefits that have been submitted in writing to Employer prior to November 30, 2020; # any claim for unemployment compensation; and # Employee’s right to enforce this Agreement. This Agreement also does not release any other claim or abridge any legal right that as a matter of law cannot be released or abridged by private agreement between Employer and Employee.

Claims Not Waived. [[Person A:Person]] understands, and the Company acknowledges, that this Agreement does not waive any claims or rights that [[Person A:Person]] may have: # arising from acts or conduct occurring after the date that he signs the Agreement; # for compensation for illness or injury or medical expenses under any worker's compensation statute; # for benefits under any plan currently maintained by the Company that provides for retirement benefits including, without limitation, the [[MEC:Organization]] Deferred Compensation Plan, the [[MEC:Organization]], Inc. Employee Stock Ownership Plan, the [[MEC:Organization]], Inc. 401(k) Plan, and the [[MEC:Organization]] 2019 Omnibus Incentive Plan (including any Award Agreements or Restricted Stock Units outstanding thereunder) (however, [[Person A:Person]] agrees and acknowledges that any payment(s) and benefits provided in paragraph 3 and its subparagraphs after the Retirement Date shall not be considered or included for purposes of any retirement benefit contribution or plan); # under any law or any policy or plan currently maintained by the Company that provides health insurance continuation or conversion rights; # with respect to any claim for breach of this Agreement; # with respect to indemnification to the fullest extent provided for in any insurance contract, Company document, or statute; # with respect to any company insurance policy, including without limitation, any right to coverage, indemnification, or defense under any applicable policy; or # with respect to any claim that by law cannot be released or waived.

Claims Not Released. This Agreement does not release: # Employee’s claims for reimbursement of business expenses owed to Employee, provided, however, that Employee represents that all expenditures have been submitted in accordance with Company policy prior to the date Employee signs this Agreement; # Employee’s right, if any, to claim government-provided unemployment benefits or workers compensation benefits; # any claims Employee may now have to vested benefits in any 401(k), pension plan, stock plan or other employee benefits; and # Employee’s right to enforce this Agreement. This Agreement also does not release any other claim or abridge any legal right that as a matter of law cannot be released or abridged by private agreement between the Company and Employee.

Claims Not Covered. Notwithstanding the above, Associate and the Company agree that the following disputes and claims are not covered by this Arbitration Agreement and shall therefore be resolved in any appropriate forum as required by the laws then in effect:

Claims Not Released. This Agreement does not release: # Employee’s claims for reimbursement of business expenses owed to Employee pursuant to California Labor Code § 2802, provided, however, that Employee represents that all necessary expenditures or losses covered by § 2802 have been submitted in accordance with Company policy prior to the date Employee signs this Agreement; # Employee’s right, if any, to claim government-provided unemployment benefits or workers compensation benefits; # any claims Employee may now have to vested benefits in any 401(k), pension plan or other employee benefits or stock plans; and # Employee’s right to enforce this Agreement. This Agreement also does not release any other claim or abridge any legal right that as a matter of law cannot be released or abridged by private agreement between the Company and Employee.

Claims Not Released. Employee is not waiving any rights Employee may have to: # Employee’s own vested or accrued employee benefits under Employer’s qualified retirement benefit plans as of the Separation Date, including any 2021 401(k) match required under the terms of Employer’s 401(k) plan; # benefits and/or the right to seek benefits under applicable workers’ compensation and/or unemployment compensation statutes; # pursue claims which by law cannot be waived by signing this Agreement; and # enforce this Agreement.

Claims Not Released. The claims released in Section 4(a) of this Agreement do not include any claim or cause of action based on any of the following: # the right to vested benefits under any retirement plan; # the right to continued benefits as required by COBRA; # any right to receive workers’ compensation benefits or unemployment insurance as required by applicable law; # the right to challenge the validity or enforceability of this Agreement under the Older Workers Benefit Protection Act; # any claim to enforce the terms of this Agreement; or # any claim which cannot be waived as a matter of law. For the avoidance of doubt, nothing herein waives or releases any claim that may arise after the Effective Date (as defined below).

Covered Claims. Any dispute, claim, or controversy between the Company and Employee, arising from or relating to Employee’s employment with the Company or termination of employment, including but not limited to claims arising under or related to this Agreement or any breach of this Agreement, and any alleged violation of any federal, state, or local statute, regulation, common law, or public policy (“Covered Claim(s)”), shall be submitted to and decided by confidential, final, and binding arbitration. By agreeing to submit any and all Covered Claims to arbitration (except as set forth in Section 8.17(g) below), the Parties expressly waive any right they may have to resolve any Covered Claims through any other means, including a jury trial or bench trial.

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