Common use of Exceptions to Release Clause in Contracts

Exceptions to Release. Notwithstanding the foregoing, Executive does not waive any rights Executive may have (i) under COBRA; (ii) to Executive’s currently vested rights under the Company’s benefit plans; (iii) to benefits and/or the right to seek benefits under applicable workers’ compensation and/or unemployment compensation statutes; to pursue claims which by law cannot be waived; (iv) for any claims arising after the date Executive signs this General Release; and (v) to his rights to indemnification from the Company as an officer or director whether pursuant to any agreement or by operation of law, including, without limitation, pursuant to the Employment Agreement. This General Release does not limit Executive’s ability to bring an administrative charge with an administrative agency, including the Equal Employment Opportunity Commission or a similar state or local agency, or with the National Labor Relations Board, but Executive expressly waives and releases any right to recover any type of personal relief from the Company, including monetary damages or reinstatement, in any administrative action or proceeding, whether federal, state, or local, and whether brought by Executive or on Executive’s behalf by an administrative agency, related in any way to the matters released in this General Release. Nothing in this Agreement is intended to or shall prevent, impede, or interfere with Executive’s 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 the Company’s, P10’s, or Released Parties’ past or future conduct, or engage in any future activities protected under the whistleblower statutes, or to receive and fully retain a monetary award from a government-administered whistleblower award program for providing information directly to a government agency.

Exceptions to Release. (a) Notwithstanding the foregoingforegoing Release in Section 6(a), Executive does not waive any rights Executive may have (i) under COBRA; (ii) to Executive’s currently vested rights under the Company’s benefit plans; (iii) to benefits and/or the right to seek benefits under applicable workers’ compensation and/or unemployment compensation statutes; (iv) to pursue claims which by law cannot be waived; (iv) for any claims arising after the date Executive signs this General Release; and (v) to his Executive’s rights to indemnification from the Company as an officer or director whether pursuant to any agreement or by operation of law, including, without limitation, pursuant to the Employment Agreement. This General Release Agreement does not limit Executive’s ability to bring an administrative charge with an administrative agency, including the Equal Employment Opportunity Commission or a similar state or local agency, or with the National Labor Relations Board, but Executive expressly waives and releases any right to recover any type of personal relief from the Company, including monetary damages or reinstatement, in any administrative action or proceeding, whether federal, state, or local, and whether brought by Executive or on Executive’s behalf by an administrative agency, related in any way to the matters released in this General ReleaseAgreement. Nothing in this Agreement is intended to or shall prevent, impede, or interfere with Executive’s 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 the Company’s, P10’s, or Company Released Parties’ past or future conduct, or engage in any future activities protected under the whistleblower statutes, or to receive and fully retain a monetary award from a government-administered whistleblower award program for providing information directly to a government agency. (b) Notwithstanding the foregoing Release in Section 6(b), in the event Executive is found guilty of or enters a plea of nolo contendere to any criminal action based upon conduct occurring during the Term of the Employment Agreement or Transition Period, the Company, P10, and Company Released Parties do not waive any rights they may have to assert claims for civil damages or injunctive relief arising out of the same conduct or actions forming the basis of the criminal conviction. 4894-4074-7657.1