Non-Released Claims Contract Clauses (12)

Grouped Into 3 Collections of Similar Clauses From Business Contracts

This page contains Non-Released Claims clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Non-Released Claims. (a) Employee Non-Released Claims. It is explicitly agreed, understood and intended that the general release of claims provided for in this Agreement shall not include or constitute a waiver of the Company's, its agents', representatives or designees', obligations to Employee (i) that arise out of or from Employee's severance payment or other benefits as described above or the treatment of Employee's Restricted Shares as provided above, (ii) that are specified in the Employment Agreement as survi...ving the termination of Employee's employment, (iii) that arise out of or from respondeat superior principles, (iv) for claims for indemnification and defense under any organizational documents, agreement, insurance policy, or at law or in equity concerning either the Company, its subsidiaries, affiliates, directors, officers or employees, (v) concerning any deferred compensation plan, 401(k) plan, equity plan or retirement plan, (vi) that arise out of or from Employee's engagement by the Company as a Board member after the Separation Date, (vii) any claims that arise after the Effective Date, (viii) any claims to enforce this Agreement and (ix) any claims not waivable under applicable law (collectively, the "Employee Non-Released Company Claims"). (b) Company Non-Released Claims. It is explicitly agreed, understood and intended that the general release of claims provided for in this Agreement shall not include or constitute a waiver of (i) the Employee's obligations to the Company concerning the Company's confidential information and proprietary rights that survive Employee's termination of employment, including those specified in that certain Proprietary Rights Agreement, dated as of September 14, 2018, by and between Employee and the Company (the "Proprietary Rights Agreement") (ii) any claim of the Company for fraud based on willful and intentional acts or omissions of Employee, other than those taken in good faith and in a manner that Employee believed to be in or not opposed to the interests of the Company, proximately causing a financial restatement by the Company, (iii) any claims arising in connection with Employee's engagement by the Company as a Board member after the Separation Date, (iv) any claims that arise after the Effective Date, (v) any claims to enforce this Agreement and (vi) any claims not waivable by the Company under applicable law (collectively, the "Company Non-Released Employee Claims"). View More
Found in KLX Energy Services Holdings, Inc. contract
Non-Released Claims. (a) Employee Non-Released Claims. It is explicitly agreed, understood and intended that the general release of claims provided for in this Agreement shall not include or constitute a waiver of the Company's, its agents', representatives or designees', obligations to Employee (i) that arise out of or from Employee's severance payment or other benefits as described above or the treatment of Employee's Restricted Shares as provided above, (ii) that are specified in the Employment Agreement as survi...ving the termination of Employee's employment, (iii) that arise out of or from respondeat superior principles, (iv) for claims for indemnification and defense under any organizational documents, agreement, insurance policy, or at law or in equity concerning either the Company, its subsidiaries, affiliates, directors, officers or employees, (v) concerning any deferred compensation plan, 401(k) plan, equity plan or retirement plan, (vi) that arise out of or from Employee's engagement by the Company as a Board member consultant after the Separation Date, including in connection with that certain Independent Contractor Services Agreement, by and between the KLX Energy Services LLC and Employee, dated July 28, 2020, (vii) any claims that arise after the Effective Date, (viii) any claims to enforce this Agreement and (ix) any claims not waivable under applicable law (collectively, the "Employee Non-Released Company Claims"). (b) Company Non-Released Claims. It is explicitly agreed, understood and intended that the general release of claims provided for in this Agreement shall not include or constitute a waiver of (i) the Employee's obligations to the Company concerning the Company's confidential information and proprietary rights that survive Employee's termination of employment, including those specified in that certain Proprietary Rights Agreement, dated as of September August 14, 2018, 2019, by and between Employee and the Company (the "Proprietary Rights Agreement") (ii) any claim of the Company for fraud based on willful and intentional acts or omissions of Employee, other than those taken in good faith and in a manner that Employee believed to be in or not opposed to the interests of the Company, proximately causing a financial restatement by the Company, (iii) any claims arising in connection with Employee's engagement by the Company as a Board member consultant after the Separation Date, including in connection with that certain Independent Contractor Services Agreement, by and between the KLX Energy Services LLC and Employee, dated July 28, 2020, (iv) any claims that arise after the Effective Date, (v) any claims to enforce this Agreement and (vi) any claims not waivable by the Company under applicable law (collectively, the "Company Non-Released Employee Claims"). View More
Found in KLX Energy Services Holdings, Inc. contract
View Variations (2)
Non-Released Claims. The General Release in Paragraph 3 above does not apply to: (a) any Claims for vested benefits under any 401(k) plan; (b) any Claims to require the Company to honor its commitments set forth in this Release Agreement and in the Supplemental Release Agreement; (c) any Claims to interpret or to determine the scope, meaning, enforceability or effect of this Release Agreement or the Supplemental Release Agreement; (d) any Claims that arise after you have signed this Release Agreement; (e) any Claims... for worker's compensation benefits, any Claims for unemployment compensation benefits and any other Claims that cannot be waived by a private agreement, and/or (f) any Claim for coverage under director and officer liability insurance or for your contractual rights to indemnification per Section 25 of the Employment Agreement. The General Release is subject to and limited by your Retained Rights in Paragraph 5. View More
Found in Adtalem Global Education contract
Non-Released Claims. The General Release in Paragraph 3 4 above does not apply to: (a) any Any Claims for vested benefits under any Company retirement or 401(k) plan or other benefit plan; (b) any Any Claims to require enforce the Company to honor its commitments set forth in this Release Agreement and in the Supplemental Release Agreement; (c) any Any Claims to interpret or to determine the scope, meaning, enforceability or effect of this Release Agreement or the Supplemental Release Agreement; (d) any Any Claims t...hat arise after you have signed this Release Agreement; (e) any Any Claims for worker's compensation benefits, any Claims for unemployment compensation benefits benefits, and any other Claims that cannot be waived by a private agreement, and/or General Release; (f) any Any Claim for coverage under director the Company's Directors and officer liability Officers insurance policy or for your contractual rights to any applicable indemnification per Section 25 of agreement or policy. In addition, the Employment Agreement. The General Release in Paragraph 4 is subject to and limited by your Retained Rights retained rights in Paragraph 5. 14 below. View More
Found in Unilife Corp contract
View Variation
Non-Released Claims. The General Release in Paragraph 3 above does not apply to: any Claims for vested benefits under any Company benefits plan; any Claims to require the Company to honor its commitments in this Agreement; any Claims to interpret or to determine the scope, meaning, enforceability or effect of this Agreement; any Claims that arise after you have signed this Agreement; any other Claims that cannot be waived by a private agreement; and any Claims for defense or indemnification under any insurance polic...ies or Company by-laws. The General Release is subject to and restricted by your Retained Rights in Paragraph 5. View More
Found in STONEMOR PARTNERS LP contract
Non-Released Claims. The General Release in Paragraph 3 4 above does not apply to: any Claims for vested benefits under any Company benefits plan; any vested rights or vested interests you have under any Company benefit, retirement, or equity plans; any Claims to require the Company to honor its commitments in this Agreement; any Claims to interpret or to determine the scope, meaning, enforceability or effect of this Agreement; any Claims that arise after you have signed this Agreement; any other Claims that cannot ...be waived by a private agreement; and any Claims for defense or indemnification under the Employment Agreement, any insurance 4 policies or Company by-laws. The General Release is subject to and restricted by your Retained Rights in Paragraph 5. 6. View More
Found in STONEMOR PARTNERS LP contract
View Variation