CLAIMS NOT RELEASED BY EMPLOYEE. In signing the Agreement, Employee is not releasing any claims that may arise under the terms of the Agreement or which may arise out of events occurring after the date Employee executes the Agreement. Employee also is not releasing claims to benefits that he is already entitled to receive as a retiree under The Southern Company Pension Plan, The Southern Company Employee Savings Plan or under any of the Company's other employee compensation or benefit plans or under any workers' compensation laws. However, Employee understands and acknowledges that nothing herein is intended to or shall be construed to require the Company to institute or continue in effect any particular plan or benefit sponsored by the Company and the Company hereby reserves the right to amend or terminate any of its compensation or benefit programs at any time in accordance with the procedures set forth in such plans or programs.
CLAIMS NOT RELEASED BY EMPLOYEE. Notwithstanding the foregoing, “Employee Released Claims” released hereunder do not include (i) claims for unemployment benefits or workers’ compensation benefits; (ii) continuation of group health plan benefits under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); (iii) claims with respect to benefits, including short- and long-term disability benefits, under any welfare benefit plan governed by the Employee Retirement Income Security Act (“ERISA”); (iv) claims with respect to vested benefits under a retirement plan governed by ERISA; (v) claims for the exclusive purpose of enforcing the Employee’s rights under the Employment Agreement or this Release Agreement; (vi) rights that cannot be waived as a matter of law or that cannot be released by an individual without court or government approval (unless such approval has been obtained); (vii) indemnification or for coverage under officer and director liability policies, if applicable; (viii) claims with respect to benefits which are to continue in effect after termination of the Employment Agreement, in accordance with the terms of the Employment Agreement; (ix) claims with respect to the reimbursement of business expenses incurred in accordance with the Company’s business expense reimbursement policy, so long as the Employee submits requests for such reimbursement within thirty (30) days after the date of termination of employment (and provides reasonable supporting documentation as may be reasonably requested by the Company); (x) claims that the Employee may have as a holder of options to acquire equity securities of the Company (which shall be governed by the documents by which the Employee was granted such options); or (xi) claims that the Employee may have as a stockholder of the Company. Furthermore, nothing in this Release Agreement prevents the Employee from (xii) reporting possible violations of federal or state laws or regulations to any “Government Agency” (defined below); (xiii) participating in any investigation, hearing, or proceeding conducted by a Government Agency; (xiv) making disclosures to a Government Agency that are protected under the whistleblower provisions of federal and state laws or regulations, or (xv) receiving an award for information provided to a Government Agency. “Government Agency” means any federal, state, or local government agency or entity, including, but not limited to, the following: the Equal Employment Opportunity Commission or a comparable state or ...
CLAIMS NOT RELEASED BY EMPLOYEE. Notwithstanding the foregoing, Employee is not releasing claims for any of the following:
CLAIMS NOT RELEASED BY EMPLOYEE. In signing this Agreement, Employee is not releasing any claims that may arise under the terms of the Agreement or which may arise out of events occurring after the date Employee executes the Agreement. Employee also is not releasing claims to benefits that he is already entitled to receive under The Southern Company Pension Plan, The Southern Company Employee Savings Plan or under any of the Company’s other employee compensation or benefit plans or under any workers’ compensation laws. However, Employee understands and acknowledges that nothing herein is intended to or shall be construed to require the Company to institute or continue in effect any particular plan or benefit sponsored by the Company and the Company hereby reserves the right to amend or terminate any of its compensation or benefit programs at any time in accordance with the procedures set forth in such plans or programs. Notwithstanding the release granted by Employee in Section 3 hereof, Employee is not releasing any claims for indemnification he may have against Company by virtue of his status as an officer or director of the Company or any of the Southern Entities, whether arising before or after the effective date of the Agreement. Any such rights to indemnification shall remain subject to the terms, conditions and requirements of: (1) common law and applicable statutes and regulations and (2) the Company's articles of incorporation and bylaws.
CLAIMS NOT RELEASED BY EMPLOYEE. The general release and waiver of claims in paragraph 6 does not require Employee to waive, release, or discharge any claims that Employee cannot lawfully waive, including without limitation claims for unemployment benefits, or workers’ compensation benefits, and Employee represents that to the extent Employee has suffered a work-related injury in the course of Employee’s employment with BBSI, Employee has already reported such injury to BBSI. Employee’s release does not prohibit Employee from filing with a charge with the Equal Employment Opportunity Commission, or other similar federal or state administrative agencies, although Employee waives any right to monetary relief related to such an administrative charge or complaint or in an associated lawsuit. Employee’s release does not waive any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of applicable plan documents. Employee does not release existing rights to indemnification pursuant to the certificate of incorporation and/or by-laws or otherwise, and shall continue to benefit from D&O and other insurance coverages to the same extent as other former BBSI executives generally.
CLAIMS NOT RELEASED BY EMPLOYEE. The general release and waiver of claims in paragraph 6 does not require Employee to waive, release, or discharge any claims that Employee cannot lawfully waive, including without limitation claims for unemployment benefits or workers’ compensation benefits, and Employee represents that to the extent Employee has suffered a work-related injury in the course of Employee’s employment with BBSI, Employee has already reported such injury to BBSI. Employee’s release does not prohibit Employee from filing a charge with the Equal Employment Opportunity Commission or other similar federal or state administrative agencies, although Employee waives any right to monetary relief related to such an administrative charge or complaint or in an associated lawsuit. Employee’s release does not waive any rights to vested benefits, such as pension or retirement benefits, the rights to which are governed by the terms of applicable plan documents.
CLAIMS NOT RELEASED BY EMPLOYEE. Employee is not waiving any rights Employee may have to (a) Employee’s own vested accrued employee benefits under Amerant’s health, welfare, or retirement benefit plans as of the Separation Date; (b) benefits and/or the right to seek benefits under applicable workers’ compensation and/or unemployment compensation statutes; (c) pursue claims which by law cannot be waived by signing this Agreement; (d) enforce this Agreement; and/or (e) challenge the validity of this Agreement. c.
