Exceptions to Release Clause Samples

Exceptions to Release. Executive does not waive or release (a) any Claims under applicable workers' compensation or unemployment laws; (b) any rights which cannot be waived as a matter of law; (c) the rights to enforce the terms of this Release; (d) any Claim for indemnification Executive may have under applicable laws, under the applicable constituent documents (including bylaws and certificates of incorporation) of any of the Companies, under any applicable insurance policy any of the Companies may maintain, or any under any other agreement he may have with any of the Companies, with respect to any liability, costs or expenses Executive incurs or has incurred as a director, officer or employee of any of the Companies; (e) 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 and any of the Companies are jointly liable; (f) any Claim to his vested account balance under The Hertz Corporation Income Savings Plan or The Hertz Corporation Supplemental Income Savings Plan or to coverage under the Company's health and welfare plans in accordance with the terms thereof through the Termination Date or (g) any Claim that arises after the date this Release is executed.

Exceptions to Release. The foregoing release does not release or impair: (i) the Company’s promises and obligations under this Agreement; (ii) any rights Employee has under any grants of stock options, restricted stock, or other forms of equity that may have been provided to Employee during his/her employment (such grants to be governed by the applicable equity plan and grant agreement(s)); (iii) any rights Employee has under applicable workers compensation laws; (iv) any vested rights under a qualified retirement plan; (v) any other Claims that cannot lawfully be released; (vi) Employee’s ability to respond truthfully to a valid subpoena issued by, file a charge with, or participate in any investigation conducted by, a governmental agency; (vii) any Claims arising for actions or omissions occurring, and any ADEA Claims that may arise, after the date of Employee’s execution of this Agreement; (viii) any rights to insurance benefits under any Directors & Officers liability insurance policy maintained by the Company; or (ix) any indemnification rights or rights to the advancement of expenses which Employee may have (in the absence of this Agreement and independent of the Employment Agreement) as an employee, officer or director of the Company under applicable law or in accordance with the Company’s Articles of Incorporation or Bylaws, or under any contractual arrangements concerning such indemnification or rights or clauses governing the Company’s insurance policies or applicable law.

Exceptions to Release. The only claims that this release does not include are claims related to: 1. Claims for benefits to which I am entitled under this special severance offer; 2. Any applicable worker’s compensation or unemployment compensation laws; 3. My rights under the employee benefit plans of the Company that are governed by the Employee Retirement Income Security Act of 1974, as amended (ERISA), in effect as of my Release Date; and 4. Any claims that the law states may not be waived.

Exceptions to Release. The only claims that this release does not include, are claims related to: (a) The consideration offered for this release; (b) Any claims that controlling law clearly states may not be released by settlement; and 1 To be 45 days (and subject to other modifications) if the termination is a “group termination”. (c) Any claims that may arise after the date this release is signed; and (d) Any claim or right relating to indemnification, exculpation, duty to defend or hold harmless provisions owed to me by the Company by virtue of any employment agreement, organizational document of the Company, policy of the Company or through any other source. By executing this Release, I in no way waive or give up any rights I may have and relating to the foregoing obligations of the Company,

Exceptions to Release. The only claims against Releasees that this release does not include are claims related to: 1. Claims for benefits to which I am entitled under this special severance offer; 2. Any applicable worker’s compensation or unemployment compensation laws; 3. Any rights I have under those benefit plans offered to employees of the Company that are governed by the Employee Retirement Income Security Act of 1974, as amended (ERISA), in effect as of my Termination Date; and 4. Any claims that the law states may not be waived. I further understand that nothing in this Separation Agreement is intended to or shall prevent, impede, or interfere with my non-waivable right, without prior notice to the Company, to provide information to the government, participate in investigations, file a complaint, testify in proceedings regarding past or future conduct of Releasees, or engage in any future activities protected under the whistleblower statutes of other government agency, or the right to receive payment from a government agency for information provided directly to the government agency pursuant to a government-administered whistleblower award program.

Exceptions to Release. ▇▇▇▇▇ does not waive or release (a) any Claims under applicable workers' compensation or unemployment laws; (b) any rights which cannot be waived as a matter of law; (c) the rights to enforce the terms of this Agreement; (d) any Claim for indemnification ▇▇▇▇▇ may have under applicable laws, under the applicable constituent documents (including bylaws and certificates of incorporation) of any of the Companies, under any applicable insurance policy any of the Companies may maintain, or any under any other agreement he may have with any of the Companies, with respect to any liability, costs or expenses ▇▇▇▇▇ incurs or has incurred as a director, officer or employee of any of the Companies; (e) any Claim ▇▇▇▇▇ may have to obtain contribution as permitted by law in the event of entry of judgment against ▇▇▇▇▇ as a result of any act or failure to act for which ▇▇▇▇▇ and any of the Companies are jointly liable; (f) any Claim to his vested account balance under The Hertz Corporation Income Savings Plan or The Hertz Corporation Supplemental Income Savings Plan or to coverage under the Company's health and welfare plans in accordance with the terms thereof through the Date of Termination or (g) any Claim that arises after the Effective Date (as defined in Section 17).

Exceptions to Release. You are not releasing any claim that cannot be waived under applicable state or federal law or any rights you have to file or pursue a claim for workers’ compensation or unemployment insurance, and you are not releasing any rights that you have to be indemnified (including any right to reimbursement of expenses) arising under applicable law, the certificate of incorporation or by-laws (or similar constituent documents of the Company), any indemnification agreement between you and the Company, or any directors’ and officers’ liability insurance policy of the Company. The foregoing notwithstanding, nothing in this Agreement shall prevent you from filing, cooperating with, or participating in any proceeding before the Equal Employment Opportunity Commission, the Department of Labor, or the California Department of Fair Employment and Housing, except that you acknowledge and agree that you shall not recover any monetary benefits in connection with any such claim, charge or proceeding with regard to any claim released herein. Nothing in this Agreement shall prevent you from challenging the validity of the release in a legal or administrative proceeding.

Exceptions to Release. Notwithstanding the foregoing, I do not waive (i) any rights and obligations under this Release or the Employment Agreement, (ii) any claim to enforce my non-forfeitable rights to accrued benefits (within the meaning of Sections 203 and 204 of the Employee Retirement Income Security Act of 1974, as amended), as of the date of termination of my employment, under applicable retirement or pension plans; (iii) any rights, if any, to a defense or indemnification from the Company or its insurers for actions I took or failed to take during my employment with the Company; (iv) any claims to enforce rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to continue group health coverage; (v) any rights, if any, as an owner of equity in the Company or as a holder of any stock options, restricted stock units or performance stock units previously granted to me by the Company; (vii) claims based on events which occur after the date on which I sign this Release or (vi) any claims that cannot be waived by law or private agreement. In addition, nothing in this Release prevents me from filing a charge or complaint, reporting to, cooperating with, communicating with, or participating in any proceeding before the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, the United States Department of Labor, the National Labor Relations Board, or other similar federal, state or local agency (the “Government Agencies”), or from taking any action protected under the whistleblower provisions of any federal or state law (“Protected Activities”), none of which activities shall constitute a breach of the release or any other non-disparagement or confidentiality clauses to which I may have agreed to comply. I acknowledge and agree, however, that I am waiving my right to seek or accept any damages, relief, monetary recovery or award in any proceeding before any of the Government Agencies as that term is defined herein, and in any proceeding involving any alleged Protected Activities as that term is defined herein. I understand that in connection with any Protected Activity, I am permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, the Company. Notwithstanding the foregoing, I agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute confidential information to any parties oth...

Exceptions to Release. ▇. ▇▇▇▇▇▇▇▇▇ does not waive or release (i) any Claims under applicable workers' compensation or unemployment laws; (ii) any rights which cannot be waived as a matter of law; (iii) any rights he has under this Agreement or, solely to the extent incorporated herein, under the Severance Plan, including any right to enforce any of the terms thereof; (iv) any vested rights to payments, benefits or other entitlements, to which ▇▇▇▇▇▇▇▇▇ is or will be entitled under the terms of any deferred compensation plan, any pension plan or benefits under any medical, dental, vision, life insurance, disability insurance or other welfare benefit plan; (v) any Claim for indemnification ▇▇▇▇▇▇▇▇▇ may have under applicable laws, under the applicable constituent documents (including bylaws and certificates of incorporation) of any of the Companies, under any applicable insurance policy any of the Companies may maintain, or any under any other agreement with any of the Companies, with respect to any liability, costs or expenses ▇▇▇▇▇▇▇▇▇ incurs or has incurred as a director, officer or employee of any of the Companies; (vi) any Claim ▇▇▇▇▇▇▇▇▇ may have to obtain contribution as permitted by law in the event of entry of judgment against ▇▇▇▇▇▇▇▇▇ as a result of any act or failure to act for which ▇▇▇▇▇▇▇▇▇ and any of the Companies are jointly liable; and (vii) any Claim that arises after the Effective Date (as defined in Section 18). b. Nothing in this Agreement shall be construed to prohibit ▇▇▇▇▇▇▇▇▇ from filing a charge with the EEOC or participating in any investigation or proceeding conducted by the EEOC, nor shall any provision of this Agreement adversely affect ▇▇▇▇▇▇▇▇▇'▇ right to engage in such conduct.