Common use of Exclusions from Release Clause in Contracts

Exclusions from Release. This release does not apply to (a) any right to the Retention Bonus; (b) any right to the payments and benefits (if any) required by Section 9 of your Employment Agreement (as defined in, and amended by, the Letter) which right arises based on events that occur separate and independent from, and subsequent to, the Merger and the Closing (each as defined in the Letter); (c) any other claims arising out of any acts or omissions that occur after you sign this release; (d) any claims or rights that cannot be waived by law, including your rights (if any) to workers’ compensation or unemployment compensation benefits; or (e) any claims or right for indemnification or defense pursuant to the Merger or under the Company’s certificate of incorporation or bylaws or any other agreement between you and the Company. [In addition, this release does not affect your ability to challenge the validity of this release under the Older Workers Benefit Protection Act of 1990 (29 U.S.C. §§ 621 et seq.).]1 This release does not prohibit you from making a good faith report to governmental authorities of suspected violations of law and/or cooperating with any governmental investigation or inquiry. Furthermore, nothing in this release affects your right to file a charge with an administrative agency (such as the Equal Employment Opportunity Commission or any state law equivalent) or to participate in any investigation by such agency. You understand, however, that you are waiving, to the fullest extent permitted by law, any right to recover any money or other personal relief in connection with any claim, charge, or investigation brought on your behalf or for your benefit.

Exclusions from Release. This release does not apply to (a) any right to the Retention Bonus; (b) any right to the payments and benefits (if any) required by Section 9 of your Employment Agreement (as defined in, and amended by, the Letter) which right arises based on events that occur separate and independent from, and subsequent to, the Merger and the Closing (each as defined in the Letter); (c) any other claims arising out of any acts or omissions that occur after you sign this release; (d) any claims or rights that cannot be waived by law, including your rights (if any) to workers’ compensation or unemployment compensation benefits; or (e) any claims or right for indemnification or defense pursuant to the Merger or under the Company’s certificate of incorporation or bylaws or any other agreement between you and the Company. [In addition, this release does not affect your ability to challenge the validity of this release under the Older Workers Benefit Protection Act of 1990 (29 U.S.C. §§ 621 et seq.).]1 seq.). This release does not prohibit you from making a good faith report to governmental authorities of suspected violations of law and/or cooperating with any governmental investigation or inquiry. Furthermore, nothing in this release affects your right to file a charge with an administrative agency (such as the Equal Employment Opportunity Commission or any state law equivalent) or to participate in any investigation by such agency. You understand, however, that you are waiving, to the fullest extent permitted by law, any right to recover any money or other personal relief in connection with any claim, charge, or investigation brought on your behalf or for your benefit.