Claims Not Released. Notwithstanding the above, pursuant to this Amendment, Employee is not waiving claims filed under any state workers’ compensation or unemployment law or challenges to the validity of this Amendment under the Older Workers Benefits Protection Act. Employee is also not waiving any claim for pension benefits or worker’s compensation benefits, which may arise in the future.

Claims Not Released. Employee is not waiving any rights Employee may have to: # Employee’s own vested accrued employee benefits under the [[Employer:Organization]] health, welfare or retirement benefit plans as of the Separation Date; # benefits or rights to seek benefits under applicable workers’ compensation (except as to claims under Labor Code sections 132a and 4553) or unemployment insurance or indemnification statutes; # pursue claims which by law cannot be waived by signing this Separation Agreement; # enforce this Separation Agreement; or # challenge the validity of this Separation Agreement.

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 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; # any right to challenge the validity or 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.

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).

Claims Not Released. Notwithstanding Section 2.1, the forgoing release of any Claim does not release the Company or the Executive from claims: # to enforce this Release, # claims to enforce the Executive’s rights under any employee benefit plan in accordance with the terms of the applicable plan(s), or # for indemnification under the Company’s By-Laws, under applicable law, or under any indemnification agreement between the Company and the Executive. Additionally, the foregoing does not release the Executive from claims the Company may have arising out of or related to: # any obligation the Company may have under applicable law or an exchange listing requirement to pursue the recoupment of compensation or other payments made to the Executive, # Executive’s criminal or other serious misconduct related to the Company, # Executive’s breach of fiduciary duty to the Company, or # Executive’s material breach of any agreement with the Company.

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. 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. 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 Released. Notwithstanding the above, pursuant to this Agreement, Employee is not waiving claims filed under any state workers’ compensation or unemployment law or challenges to the validity of this Agreement under the Older Workers Benefits Protection Act. Employee is also not waiving any claim for pension benefits or worker’s compensation benefits, which may arise in the future.