Claims Not Waived and Cooperation with Governmental Entities. This Agreement does not waive any claim for breach of this Agreement or claims that Employee may have that by law cannot be waived or released. Employee is not waiving any rights he may have to: # his own vested or accrued employee benefits under Employer's health, welfare, or retirement plans as of the Separation Date; # benefits and/or the right to seek benefits under applicable workers' compensation and/or unemployment compensation statutes; # any bounty that may be recoverable as a result of participating in the Securities and Exchange Commission's whistleblower program, or any other bounty program for which recovery cannot be waived as a matter of law; # pursue claims which by law cannot be waived by signing this Agreement; # enforce this Agreement; and/or # challenge the validity of this Agreement. Further, notwithstanding any other provision of this Agreement (including the non­ disparagement provision and confidentiality provision), Employee may file a charge, or cooperate with any government agency (including but not limited to the Equal Employment Opportunity Commission ("EEOC")) for claims not covered in this release, although this Agreement does prohibit Employee from obtaining any personal or monetary relief for Employee based on such a charge or based on Employee's providing information to or cooperating with the EEOC or any other governmental agency or demands of any kind whatsoever currently pending against Employer with any local, state, or federal court or any governmental, administrative, investigative, civil rights or other agency or board.

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 Waived. Pennypacker understands that this Agreement does not waive any claims that he 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 or under the Company’s Deferred Compensation Plan (however, Pennypacker agrees and acknowledges that the payment(s) and benefits provided in paragraphs 3.a., thru 3.f. above 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; # any claims for coverage under officers or directors insurance maintained by the Company for conduct or action that occurred prior to the Separation Date; # any claim for breach of this Agreement; or # any claim that by law cannot be released or waived.

No course of dealing between the Company and the Holder or any delay on the part of the Holder in exercising any rights hereunder shall operate as a waiver of any right.

No Governmental Entities. Neither Party nor its Affiliates or Sales Agents will solicit any orders for any Licenses of the other Party’s Products or Services from any governmental or quasi-governmental entities (including without limitation any state or federal departments, agencies, administrations, bureaus, branches, or any subdivisions of any of the foregoing but excluding companies owned by government entities or quasi-governmental entities outside of the United States (e.g., state-owned enterprises), without prior written consent of the other Party, which will not be unreasonably withheld.

Not For Profit Entities. Neither Party shall, in relation to any Independent Study, enter into any agreement with any not-for-profit Third Party (including academic institutions) that either # does not provide for, or in any way prevents, the ownership of BMS Asset Inventions as set forth in [Section 11.5(b)], Nektar Asset Inventions as set forth in [Section 11.5(a)], the Joint Collaboration Inventions as set forth in [Section 11.5(c)], Joint Third Party Inventions as set forth in [Section 11.5(d)], as applicable, or # does not at least provide the other Party with a non-exclusive, perpetual, irrevocable, worldwide, fully paid-up, royalty-free, sublicensable and transferable (sub)license to the applicable BMS Inventions, Nektar Inventions, Joint Collaboration Inventions, Joint Third Party Inventions, as applicable.

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. 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. 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.

Cooperation. Fartaj agrees to provide such reasonable cooperation and assistance as may be requested in good faith from time to time by the PennyMac Entities with respect to the investigation and handling of any threatened, pending or future litigation, regulatory proceeding, investigation, administrative or other hearing, trial or proceeding, initiated by the PennyMac Entities or any other person, entity or governmental body against the PennyMac Entities. Such reasonable cooperation shall be at mutually agreed times, and the Parties shall mutually agree on an hourly rate to be paid to Fartaj for his time.