Claims Not Released. Notwithstanding the foregoing release of all claims, it is understood and agreed that the following claims, if any, are not released: # claims for unemployment compensation; # claims for workers’ compensation benefits; # claims for continuing health insurance coverage under COBRA; # claims pertaining to vested benefits under any retirement plan governed by the Employee Retirement Income Security Act (ERISA); and # claims that cannot be waived as a matter of law.

Unreleased Claims. Notwithstanding the generality of the foregoing, Employee does not release # Claims for unemployment compensation or any state disability insurance benefits pursuant to the terms of applicable state law; # Claims for workers’ compensation insurance benefits under the terms of any worker’s compensation insurance policy or fund of the Company; # Claims pursuant to the terms and conditions of COBRA; # any other Claims that cannot be released as a matter of law; # Claims for indemnity under the bylaws of the Company, as provided for by California law or under any applicable insurance policy with respect to Employee’s liability as an employee, director or officer of the Company, and under the Indemnity Agreement; # rights to any vested benefits under any stock, compensation or other employee benefit plan or agreement with the Company, and any rights Employee may have as a shareholder; # any Claims that may arise after Employee's signature of this Agreement or for enforcement of this Agreement; # Employee’s right to communicate directly with, cooperate with, or provide information to, any federal, state or local government regulator; and # Employee’s right to bring to the attention of the Equal Employment Opportunity or California Department of Fair Employment and Housing claims of discrimination, harassment, interference with leave rights, and retaliation; provided, however, that Employee does release the right to secure damages for any such alleged treatment.