Common use of Claims Excluded Clause in Contracts

Claims Excluded. Notwithstanding any other provision of this Agreement, this release does not: (i) waive or release any Claim for breach or enforcement of this Agreement or the Continuing Obligations, including the right to retain the Time-Based Vested Restricted Shares and the Performance-Based Vested Restricted Shares in accordance with the terms and conditions of this Agreement, the Plan, and the Award Agreement; (ii) waive or release any right or Claim that may not be waived or released by applicable law; (iii) waive or release any right or Claim under the ADEA or otherwise that may arise after the date this Agreement is signed by Executive; (iv) prevent Executive from pursuing any administrative Claim for unemployment compensation or workers’ compensation benefits; or (v) waive or release any right or Claim Executive may have for indemnification as part of the Continuing Obligations (including, without limitation, Section 16(b)(iii) of the Employment Agreement), under applicable state or other law or the charter, articles of incorporation, or by-laws of the Employer or the Company, or under any insurance policy of the Employer or the Company providing directors’ and officers’ coverage for any lawsuit or claim relating to the period when Executive was a director, officer, or employee of the Employer or the Company; provided, however, that (x) Executive’s execution of this Agreement is not a concession or guaranty that Executive has any such right or Claim to indemnification, (y) this Agreement does not create any additional rights to indemnification, and (z) the Employer and the Company retain any and all defenses they may have to such indemnification or coverage.

Claims Excluded. Notwithstanding any other provision of this Agreement, this release does not: not (i) waive or release any Claim for breach or enforcement of this Agreement or the Continuing Obligations, including the right to retain the Time-Based Vested Restricted Shares and the Performance-Based Vested Restricted Shares in accordance with the terms and conditions of this Agreement, the Plan, and the Award Agreement; ; (ii) waive or release any right or Claim that may not be waived or released by applicable law; ; (iii) waive or release any right or Claim under the ADEA or otherwise that may arise after the date this Agreement is signed by Executive; the Individual; (iv) prevent Executive the Individual from pursuing any administrative Claim for unemployment compensation or workers’ compensation benefits; or (v) waive or release any Claim related to the accelerated vesting of the Equity Awards as provided for in this Agreement; or (vi) waive or release any right or Claim Executive the Individual may have for indemnification as part of the Continuing Obligations (including, without limitation, Section 16(b)(iii) of the Employment Agreement), under applicable state or other law or the charter, bylaws or articles of incorporation, or by-laws incorporation of the Employer or the Company, Company or under any insurance policy of the Employer or the Company providing directors’ and officers’ coverage for any lawsuit or claim Claim relating to the period when Executive the Individual was a director, officer, or employee of the Employer or the CompanyCompany (if any); provided, however, that (xA) Executivethe Individual’s execution of this Agreement is not a concession or guaranty that Executive the Individual has any such right or Claim to indemnification, (yB) this Agreement does not create any additional rights to indemnification, and (zC) the Employer Company and the Company its affiliates retain any and all defenses they may have to such indemnification or coverage.

Claims Excluded. Notwithstanding any other provision of this Agreement, this release does not: not (i) waive or release any Claim for breach or enforcement of this Agreement or the Continuing Obligations, including the right to retain the Time-Based Vested Restricted Shares and the Performance-Based Vested Restricted Shares in accordance with the terms and conditions of this Agreement, the Plan, and the Award Agreement; ; (ii) waive or release any right or Claim that may not be waived or released by applicable law; ; (iii) waive or release any right or Claim under the ADEA or otherwise that may arise after the date this Agreement is signed by Executive; the Individual; (iv) prevent Executive the Individual from pursuing any administrative Claim for unemployment compensation or workers’ compensation benefits; or or (v) waive or release any right or Claim Executive the Individual may have for indemnification as part of the Continuing Obligations (including, without limitation, Section 16(b)(iii) of the Employment Agreement), under applicable state or other law or the charter, articles of incorporation, or by-laws of the Employer Company or the CompanyCEI, or under any insurance policy of the Employer Company or the Company CEI providing directors’ and officers’ coverage for any lawsuit or claim relating to the period when Executive the Individual was a director, officer, or employee of the Employer Company or the CompanyCEI; provided, however, that (xi) Executivethe Individual’s execution of this Agreement is not a concession or guaranty that Executive the Individual has any such right or Claim to indemnification, (yii) this Agreement does not create any additional rights to indemnification, and (ziii) the Employer Company and the Company CEI retain any and all defenses they may have to such indemnification or coverage.

Claims Excluded. Notwithstanding any other provision of this Agreement, this release does not: not (i) waive or release any Claim for breach or enforcement of this Agreement or the Continuing Obligations, including the right to retain the Time-Based Vested Restricted Shares and the Performance-Based Vested Restricted Shares in accordance with the terms and conditions of this Agreement, the Plan, and the Award Agreement; ; (ii) waive or release any right or Claim that may not be waived or released by applicable law; ; (iii) waive or release any right or Claim that may arise under the ADEA or otherwise that may arise after the date this Agreement is signed by Executive; the Individual; (iv) prevent Executive the Individual from pursuing any administrative Claim for unemployment compensation or workers’ compensation benefits; or or (v) waive or release any right or Claim Executive the Individual may have for indemnification as part of under that certain Indemnity Agreement with the Continuing Obligations (includingCompany dated August 31, without limitation, Section 16(b)(iii) of the Employment Agreement)2021, under any applicable state or other law or the charter, articles of incorporationlaw, or by-laws under the bylaws or other governing documents of the Employer or the Company, or under any insurance policy of the Employer or the Company providing directors’ and officers’ coverage for any lawsuit or claim relating to the period when Executive the Individual was a director, officer, or employee of the Employer Company, REP, RPC, or the Companytheir affiliates (if any); provided, however, that (xA) Executivethe Individual’s execution of this Agreement is not a concession or guaranty that Executive the Individual has any such right or Claim to indemnification, (yB) this Agreement does not create any additional rights to indemnification, and (zC) the Employer Company, REP, RPC, and the Company their affiliates retain any and all defenses they it may have to such indemnification or coverage. To the extent any Claim arising under applicable federal or state wage and hour law is not waivable, the Individual assigns any such Claim to the Company, and Individual acknowledges that the Company has no obligation to pursue such Claim unless it desires to do so in its sole discretion.

Claims Excluded. Notwithstanding any other provision of this Agreement, this release does not: not (i) waive or release any Claim for breach or enforcement of this Agreement or the Continuing Obligations, including the right to retain the Time-Based Vested Restricted Shares and the Performance-Based Vested Restricted Shares in accordance with the terms and conditions of this Agreement, the Plan, and the Award Agreement; ; (ii) waive or release any right or Claim that may not be waived or released by applicable law; ; (iii) waive or release any right or Claim that may arise under the ADEA or otherwise that may arise after the date this Agreement is signed by Executive; the Individual; (iv) prevent Executive the Individual from pursuing any administrative Claim for unemployment compensation or workers’ compensation benefits; or or (v) waive or release any right or Claim Executive the Individual may have for indemnification as part of the Continuing Obligations (includingunder that certain Indemnity Agreement with REPX dated February 26, without limitation, Section 16(b)(iii) of the Employment Agreement)2021, under any applicable state or other law or the charter, articles of incorporationlaw, or by-laws under the bylaws or other governing documents of the Employer or the CompanyREPX, or under any insurance policy of the Employer or the Company providing directors’ and officers’ coverage for any lawsuit or claim relating to the period when Executive the Individual was a director, officer, or employee of the Employer Company, REPX, RPC, or the Companytheir affiliates (if any); provided, however, that (xA) Executivethe Individual’s execution of this Agreement is not a concession or guaranty that Executive the Individual has any such right or Claim to indemnification, (yB) this Agreement does not create any additional rights to indemnification, and (zC) the Employer Company, REPX, RPC, and the Company their affiliates retain any and all defenses they it may have to such indemnification or coverage. To the extent any Claim arising under applicable federal or state wage and hour law is not waivable, the Individual assigns any such Claim to the Company, and Individual acknowledges that the Company has no obligation to pursue such Claim unless it desires to do so in its sole discretion.