Common use of Exceptions to Release Clause in Contracts

Exceptions to Release. a. Executive 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 Executive 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 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 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; (vi) 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; 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 Executive 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 Executive's right to engage in such conduct.

Appears in 1 contract

Sources: Separation Agreement (Hertz Global Holdings Inc)

Exceptions to Release. a. Executive ▇▇▇▇▇▇▇▇ 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 PlanEmployment Agreement, including any right to enforce any of the terms thereof; (iv) any vested rights to payments, benefits or other entitlements, to which Executive F▇▇▇▇▇▇▇ 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 Executive F▇▇▇▇▇▇▇ 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 Executive F▇▇▇▇▇▇▇ incurs or has incurred as a director, officer or employee of any of the Companies; (vi) any Claim Executive F▇▇▇▇▇▇▇ may have to obtain contribution as permitted by law in the event of entry of judgment against Executive F▇▇▇▇▇▇▇ as a result of any act or failure to act for which Executive F▇▇▇▇▇▇▇ and any of the Companies are jointly liable; and (vii) any Claim that arises after the Effective Date (as defined in Section 1817); and (viii) any Claim F▇▇▇▇▇▇▇ has against any of the Released Parties solely in his capacity as a shareholder of Holdings. b. Nothing in this Agreement shall be construed to prohibit Executive F▇▇▇▇▇▇▇ 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 Executive's F▇▇▇▇▇▇▇’▇ right to engage in such conduct.

Appears in 1 contract

Sources: Separation Agreement (Hertz Corp)

Exceptions to Release. a. Executive ▇. ▇▇▇▇▇▇▇▇▇ 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 Executive ▇▇▇▇▇▇▇▇▇ 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 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 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; (vi) 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; 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 Executive ▇▇▇▇▇▇▇▇▇ 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 Executive's ▇▇▇▇▇▇▇▇▇'▇ right to engage in such conduct.

Appears in 1 contract

Sources: Separation Agreement (Hertz Corp)