Example ContractsClausesno assignment of claims releasedVariants
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Claims Not Released. Executive is not waiving any rights he may have to: # his own vested accrued employee benefits under the Company’s health, welfare, or retirement benefit plans (including the Company’s 401(k) plan) as of the date of Executive’s execution of this Agreement, including any rights to continue group health plan coverage under the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended (“COBRA”); # 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; # enforce this Agreement; # challenge the validity of this Agreement; or # any rights to be indemnified by the Company pursuant to the Company’s Articles of Organization or bylaws and any rights under the Company’s applicable directors and officers insurance policy.

Claims Not Released.Notwithstanding anything to the contrary in this Agreement, Executive is not waiving (a) any rights heclaim or right under state workers’ compensation or unemployment laws; (b) any claim or right to vested benefits, including under any pension, supplemental retirement or savings plan; (c) any claim or right to continued benefits in accordance with COBRA; (d) any claim or right to enforce the terms of this Agreement; (e) any right to indemnification (and related advancement of expenses) Executive may have to: # his own vested accrued employee benefits under applicable laws, the Company’s health, welfare, or retirement benefit plansapplicable constituent documents (including the Company’s 401(k) plan) asbylaws and certificates of incorporation) of the date of Executive’s execution of this Agreement, includingCompany or its subsidiaries, or any rights to continue group health plan coverage underapplicable D&O insurance policy that the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended (“COBRA”); # benefits and/Company may maintain; and (f) any other claim 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; # enforce this Agreement; # challenge the validityas a matter of this Agreement; or # any rights to be indemnified by the Company pursuant to the Company’s Articles of Organization or bylaws and any rights under the Company’s applicable directors and officers insurance policy.law.

Claims Not Released.By signing this Agreement, Executive is not waivinggives up and discharges any rights he may have to:such issues, disputes, allegations and claims described above, except for: # his own vested accrued employeeclaims for breach of this Agreement; # claims for health insurance benefits under COBRA or any vested benefits under a retirement plan governed by ERISA; # statutory claims for unemployment or workers’ compensation benefits that are not waivable as a matter of law; # equity awards which by their terms survive the Company’s health, welfare, or retirement benefit plans (including the Company’s 401(k) plan) as of the datetermination of Executive’s employment; and # rights to indemnification and reimbursement and advancement of expenses under any charter, bylaw, other organization document, agreement, vote of shareholders or directors or otherwise. The parties further agree that no future claims based on facts or circumstances arising after the execution of this Agreement are waived. Notwithstanding any other provision in this Agreement, includingnothing in this Agreement precludes or limits in any rightsway Executive’s right to continue group health plan coverage underfile a charge or participate or cooperate in any proceeding conducted by the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended (“COBRA”); # benefits and/EEOC or comparable state or local fair employment agency. Executive has 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; # enforce this Agreement; # challengehave a court determine the validity of this Agreement; or # any rights to be indemnified by the Company pursuant to the Company’s Articlesabove waiver and release of Organization or bylaws and any rights under the Company’s applicable directors and officers insurance policy.ADEA claims.

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