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Excluded Claims. Notwithstanding anything to the contrary in this Agreement, the waiver and release contained in this Agreement shall exclude awards to Executive from or by a government agency for providing information, as well as any rights or claims that # may arise after the date on which Executive executes this Agreement; or # cannot be released under applicable law (such as worker’s compensation and unemployment insurance claims). In addition, the Parties agree that this Agreement shall not adversely affect, alter, or extinguish any vested right that Executive may have with respect to any pension or other retirement benefits to which Executive is or will be entitled by virtue of Executive’s employment with the Company, and nothing in this Agreement shall prohibit Executive from enforcing such rights. Moreover, nothing in this Agreement shall prevent or preclude Executive from challenging in good faith the validity of this Agreement, nor does it impose any conditions precedent, penalties, or costs for doing so, unless specifically authorized by applicable law.

Excluded Claims. Notwithstanding anything toIn no event shall the contrary in this Agreement, the waiver and release contained in this Agreement shall exclude awards to Executive from or by a government agency for providing information, as well asReleased Claims include # any rights or claimsclaim that # may arisearises after the date on whichthat Executive executessigns this Agreement; # any claim to vested benefits under an employee benefit plan that is subject to ERISA; # any claim for breach of, or otherwise arising out of, this Agreement; or # cannot be releasedany claim for indemnification, advancement of expenses or D&O liability insurance coverage under applicable law (such as worker’s compensation and unemployment insurance claims). In addition, the Parties agree that this Agreement shall not adversely affect, alter, or extinguish any vested right that Executive may have with respect to any pension or other retirement benefits to which Executive is or will be entitled by virtue of Executive’s employmentindemnification agreement with the Company, andCompany or the Company’s governing documents or the Company’s D&O insurance policies. Further notwithstanding this release of liability, nothing in this Agreement shall prohibitprevents Executive from enforcingfiling any non-legally waivable claim (including a challenge to the validity of this Agreement) with the Equal Employment Opportunity Commission (“EEOC”) or comparable state or local agency or participating in (or cooperating with) any investigation or proceeding conducted by the EEOC or comparable state or local agency or cooperating in any such rights. Moreover,investigation or proceeding; however, Executive understands and agrees that Executive is waiving any and all rights to recover any monetary or personal relief from a Company Party as a result of such EEOC or comparable state or local agency or proceeding or subsequent legal actions. Further, nothing in this Agreement shall preventprohibits or precluderestricts Executive from challengingfiling a charge or complaint with, or cooperating in good faithany investigation with, the validity of this Agreement, norSecurities and Exchange Commission, the Financial Industry Regulatory Authority, or any other governmental agency, entity or authority (each, a “Government Agency”). This Agreement does it impose any conditions precedent, penalties, or costsnot limit Executive’s right to receive an award for doing so, unless specifically authorized by applicable law.information provided to a Government Agency.

Excluded Claims. Notwithstanding anythingExceptions to the contrary in this Agreement, the waiver andRelease. Executive does not waive or release contained in this Agreement shall exclude awards to Executive from# any Claims under applicable workers' compensation or by a government agency for providing information, as well asunemployment laws; # any rights or claims thatwhich cannot be waived as a matter of law; # may arise after the date on which Executive executesrights to enforce the terms of this Agreement; or # cannot be releasedany Claim for indemnification Executive may have under applicable law (such as worker’s compensationlaws, under the applicable constituent documents (including bylaws and unemploymentcertificates of incorporation) of any of the Companies, under any applicable insurance claims). In addition,policy any of the Parties agree that this Agreement shall not adversely affect, alter,Companies may maintain, or extinguish any vested right that Executiveunder any other agreement he may have with any of the Companies, with respect to any pensionliability, costs or other retirement benefitsexpenses Executive incurs or has incurred as a director, officer or employee of any of the Companies; # any Claim Executive may have to obtain contribution as permitted by law in the event of entry of judgment against Executive as a result of any act or failure to act for which Executive isand any of the Companies are jointly liable; # any Claim to his vested account balance under Income Savings Plan or will be entitled by virtue of Executive’ Supplemental Income Savings Plan or to coverage under the Company's employmenthealth and welfare plans in accordance with the Company, and nothing interms thereof through the Termination Date or # any Claim that arises after the date this Agreement shall prohibit Executive from enforcing such rights. Moreover, nothing in this Agreement shall prevent or preclude Executive from challenging in good faith the validity of this Agreement, nor does it impose any conditions precedent, penalties, or costs for doing so, unless specifically authorized by applicable law.is executed.

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