Release Exclusions. Notwithstanding the foregoing, this Section 7 does not: (i) release the Company from any obligation expressly set forth in this Agreement or from any obligation, including without limitation obligations under the Workers Compensation laws, which as a matter of law cannot be released; (ii) prohibit you from filing a charge with the Equal Employment Opportunity Commission (“EEOC”) or any comparable state or local agency; (iii) prohibit you from participating in an investigation or proceeding by the EEOC or any comparable state or local agency; or (iv) prohibit you from challenging or seeking a determination in good faith of the validity of this release or waiver under applicable state or federal law, or impose any condition precedent, penalty, or costs for doing so unless specifically authorized by state or federal law. Your waiver and release, however, are intended to be a complete bar to any recovery or personal benefit by or to you with respect to any claim whatsoever, including those raised through a charge with the EEOC, except those which, as a matter of law, cannot be released.
Release Exclusions. Notwithstanding the foregoing, this Section 5 does not: (i) release the Company from any obligation expressly set forth in this Agreement or from any obligation, including without limitation obligations under the Workers Compensation laws, which as a matter of law cannot be released or any applicable option agreement; (ii) release any right to indemnification under the Company’s Bylaws, Articles of Incorporation, and/or directors’ and officers’ liability insurance policies as of the Separation Date, subject to the terms and conditions of same (iii) prohibit you from filing a charge with the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission, or any other federal, state or local governmental agency or commission (a “Government Agency”); (iv) prohibit you from participating in an investigation or proceeding by a Government Agency, communicating with a Government Agency, or providing information or documents to a Government Agency; or (v) prohibit you from challenging or seeking a determination in good faith of the validity of this release or waiver under applicable state or federal law, or impose any condition precedent, penalty, or costs for doing so unless specifically authorized by state or federal law. Your waiver and release, however, are intended to be a complete bar to any recovery or personal benefit by or to you with respect to any claim whatsoever, including those raised through a charge with the EEOC or comparable federal, state or local governmental agency, except those which, as a matter of law, cannot be released. (c)
Release Exclusions. Excluded from the release in Section 2 above are (a) any claims arising after execution of this General Release, (b) any claims that cannot be waived as a matter of law (such as for unemployment or worker’s compensation benefits); and (c) any right to COBRA benefits. Nothing in this General Release limits my right to file a claim, give information, or participate in an investigation or proceeding with a government agency such as the EEOC, SEC or OSHA under any law protecting such rights. But I do give up, however, any money or other personal benefit I might receive from Valley Proteins (not a government agency) for any such claim, litigation, or proceeding, unless prohibited by law.
Release Exclusions. For the avoidance of doubt, none of the releases herein shall be interpreted to affect claims arising out of the failure of any Party to perform in conformity with the terms of this Settlement Agreement.
Release Exclusions. This Agreement does not affect any rights you may have to receive unemployment compensation benefits, workers’ compensation benefits, or any claim which, by operation of law, may not be waived or which arises after the date on which this Agreement becomes effective. Nothing contained in this Agreement limits your ability to file a charge or complaint with any government agencies or limits your ability to provide information to or communicate with any government agencies or otherwise participate in any investigation or proceeding that may be conducted by any government agencies in connection with any charge or complaint, whether filed by you, on your behalf, or by any other individual. However, to the maximum extent permitted by law, you agree that if such a charge or complaint is made, you shall not be entitled to recover any individual monetary relief or other individual remedies. This Agreement does not limit or prohibit your right to receive an award for information provided to any government agency to the extent that such limitation or prohibition is a violation of law.
Release Exclusions. Notwithstanding the foregoing, this Section 7 does not: (i) release the Company from any obligation expressly set forth in this Agreement; (ii) release the Company from any obligation which cannot be released as a matter of law (including obligations under workers’ compensation laws); (iii) prohibit you from filing a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission, or any other federal, state or local governmental agency or commission (a “Government Agency”); (iv) limit your ability to communicate with a Government Agency, or to report information or alleged violations to a Government Agency and/or receive an award for information provided to a Government Agency, or to participate in any investigation or proceeding conducted by a Government Agency, including providing documents or other information to a Government Agency (which you may do, without notice to the Company); (v) prohibit you from challenging or seeking a determination in good faith of the validity of this waiver or release under applicable state or federal law, or impose any condition precedent, penalty, or costs for doing so unless specifically authorized by state or federal law. Notwithstanding the above-described exceptions, you understand and agree that your waiver and release are intended to be a complete bar to your financial recovery against the Company with respect to any Claims that may have been available to you up to and through the Effective Date, except those which cannot be released as a matter of law. Accordingly, nothing herein shall be deemed to limit the Company’s right to seek dismissal of any such Claims on the basis that the signing of this Agreement constitutes a full release of individual rights and you hereby waive your right to recover any legal or equitable remedies, including reinstatement or monetary damages, in the case of any administrative claim that you file or in which you participate after this Agreement becomes enforceable. However, nothing herein should be construed as a limitation to your financial recovery by and through other third parties through other means, including any applicable whistleblower law or regulation.
Release Exclusions. This Release shall not apply to any rights or Claims that Executive has or may have (I) to receive the benefits to which he is entitled under the Amendment, (II) arising under Paragraphs 7 through 9 and 13 through 20 of the Employment Agreement, (III) to indemnification pursuant to Nevada Revised Statutes, Title 7, Chapter 78.751 and Article IX of the Company's By-Laws, (IV) to seek coverage under directors' and officers' liability insurance policies maintained or required to be maintained by the Company and (V) to assert affirmative defenses, other defenses, rights of contribution, and other rights he may have in respect of claims asserted by any Releasee or any other person or entity against Executive (the matters referenced in this Paragraph 3 are referred to in Paragraph 2 as the "Release Exclusions").
Release Exclusions. You represent and warrant that you have not filed any complaints or charges with any court or administrative agency against the Company or any of the Releasees, which have not been dismissed, closed, withdrawn or otherwise terminated on or before the date of this Release. You further represent and agree that you have not assigned nor transferred or attempted to assign or transfer, nor will you attempt to assign or transfer, to any person or entity not a party to this Release, any of the claims you are releasing in this Release. Furthermore, by signing this Release, you (i) represent and agree that you will not be entitled to any personal recovery in any action or proceeding that may be commenced on your behalf arising out of the matters released herein and (ii) covenant and agree to refrain from directly or indirectly asserting any claim, or commencing, instituting or causing to be commenced, any proceeding of any kind against any of the Releasees, based upon any claim released or purported to be released hereby. Notwithstanding anything to the contrary herein, nothing in this Release shall (A) limit your rights to communicate directly with, cooperate with, or provide information to any federal, state or local governmental regulatory agencies that are protected under the whistleblower provisions of applicable law, or (B) prevent you from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that you acknowledge and agree that any claim by you, or brought on your behalf, for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be and hereby is barred.
Release Exclusions. You further understand that nothing in this release generally prevents You from filing a charge or complaint with or from participating in an investigation or proceedings conducted by the Equal Employment Opportunity Commission or any other federal, state, or local agency charged with the enforcement of any laws. You agree that by signing this Agreement, You are waiving Your right to individual, monetary and/or other relief from the Company or any other Released Party based on claims asserted in such a charge or complaint. Finally, You understand this does not include government awards that may be given for providing information to a government agency, nor does it limit your ability to communicate with any government agency or otherwise participate in any investigation or proceeding that may be conducted by any government agency, including providing documents or other information, without notice to the Company. Nothing in this release of claims shall be construed to waive any right that is not subject to waiver by private agreement or that may not be waived by law such as claims for workers’ compensation and unemployment benefits.
Release Exclusions. This Release Agreement does not affect any claim which, by operation of law, may not be waived or which arises after the date on which this Release becomes effective. Nothing in this Release limits Employees rights to file a charge with or participate in an investigation conducted by a federal, state or local government or administrative agency, except that Employee acknowledges and agrees that she hereby waives to the fullest extent permitted by law her right to seek, accept or recover money damages or any other individual relief in connection with any such proceeding. In addition, and notwithstanding anything in this Release to the contrary, this Release does not affect, and the releases of claims provided for herein do not extend to, the following: (a) any rights or claims for indemnification Employee may have pursuant to any written indemnification agreement with the Company or its affiliates to which Employee is a party; (b) the charter, bylaws, operating agreements or similar organizing documents of the Company or its affiliates or any other policy, practice or obligation of the Company with respect to the defense or indemnification of officers or employees or under applicable law; (c) any rights under any liability insurance policy (including directors’ and officers’ liability) of the Company or any of its affiliates; (d) Employee’s rights to enforce or receive benefits under the Agreement; (e) Employee’s rights following the date hereof with respect to any vested equity interests Employee holds in the Company or any of its affiliates; (f) Employee’s rights to any vested benefits to which Employee is entitled under the terms of any of the Company’s or its affiliates’ benefit plans, programs, or policies; or (g) any claim that arises after Employee signs the Release.
