Common use of Claims Not Covered By this Agreement Clause in Contracts

Claims Not Covered By this Agreement. This Agreement does not apply to claims for workers compensation benefits, state disability insurance and unemployment insurance benefits. This Agreement does not apply to claims for employee benefits under any benefit plan sponsored by the Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance, which include their own dispute resolution procedure; however, this Agreement does apply to any claims for breach of fiduciary duty, for penalties, or alleging any other violation of the Employment Retirement Income Security Act of 1974, as amended, even if such claim is combined with a claim for benefits. This Agreement does not apply to claims for employee benefits under any benefit plan sponsored by the Company which includes its own arbitration procedure; however, if such arbitration procedure is held to be not binding or unenforceable, then this Agreement does apply. The Company and Employee may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Disputes that may not be subject to pre-dispute arbitration as provided by the ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇ Street Reform and Consumer Protection Act are excluded from the coverage of this Agreement. This Agreement also shall not be construed to require the arbitration of any claims against a defense contractor that may not be the subject of a mandatory arbitration agreement as provided by any Department of Defense Appropriations Act and their implementing regulations.

Claims Not Covered By this Agreement. This Claims not covered by this Agreement does not apply to include: (i) claims for workers workers’ compensation benefits (not including claims for workers’ compensation retaliation); (ii) claims for unemployment compensation benefits; (iii) claims based upon the Company’s current (successor or future) stock option plans, state disability insurance and unemployment insurance benefits. This Agreement does not apply to employee pension and/or welfare benefit plans if those plans contain some form of a grievance or other express procedure for the resolution of disputes under the plan; (iv) claims for employee benefits under any benefit plan sponsored by filed with a federal, state, or local administrative agency (e.g., the Company and Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB”), etc.); (v) claims covered by the Employee Retirement Income Security Act a written employment contract signed by both parties which expressly provides for resolution of 1974 or funded disputes in accordance with that contract’s terms; (vi) claims by insurance, law which include their own dispute resolution procedure; however, this Agreement does apply to any claims for breach of fiduciary duty, for penalties, or alleging any other violation of the Employment Retirement Income Security Act of 1974, as amended, even if such claim is combined with a claim for benefits. This Agreement does are not apply to claims for employee benefits under any benefit plan sponsored by the Company which includes its own arbitration procedure; however, if such arbitration procedure is held to be not binding or unenforceable, then this Agreement does apply. The Company and Employee may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Disputes that may not be subject to mandatory binding pre-dispute arbitration pursuant to the Federal Arbitration Act, such as provided by claims under the ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇ Street Reform Act; (vii) claims that are not causes of action in court, e.g., disputes over performance reviews, disciplinary actions, compensation and Consumer Protection Act are excluded from other employment actions which when standing alone do not constitute a violation of any applicable law; and (viii) any claims arising under a restrictive covenant agreement (including but not limited to, non-solicitation, non-competition, confidentiality, etc.) between the coverage Company and you as such restrictive covenant agreements will be adjudicated in a court of this Agreementcompetent jurisdiction in accordance with its terms. This Agreement also does not prohibit the filing of an administrative charge with a federal, state, or local administrative agency such as the EEOC, NLRB or the Department of Labor (DOL). Similarly, this Agreement shall not be construed have any effect on any third parties non-signatories to require this Agreement, including governmental agencies such as the arbitration EEOC, the DOL and the NLRB which by operation of any claims against a defense contractor that law may not be the subject of a mandatory arbitration agreement as provided by any Department of Defense Appropriations Act and file lawsuits in their implementing regulationsown name notwithstanding this Agreement.

Claims Not Covered By this Agreement. This Claims not covered by this Agreement are: (i) claims for workers’ compensation benefits [However, this does not apply to include claims for workers compensation benefits, state disability insurance and unemployment insurance benefits. This Agreement does not apply to retaliation]; (ii) claims for unemployment compensation benefits; (iii) claims based upon the Company’s current (successor or future) stock option plans, employee benefits pension and/or welfare benefit plans if those plans contain some form of a grievance or other express procedure for the resolution of disputes under any benefit plan sponsored by the Company and plan; (iv) claims filed with a federal, state, or local administrative agency (e.g., the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB”), etc.); (v) claims covered by the Employee Retirement Income Security Act a written employment contract signed by both parties which expressly provides for resolution of 1974 or funded disputes in accordance with that contract’s terms; (vi) claims by insurance, law which include their own dispute resolution procedure; however, this Agreement does apply to any claims for breach of fiduciary duty, for penalties, or alleging any other violation of the Employment Retirement Income Security Act of 1974, as amended, even if such claim is combined with a claim for benefits. This Agreement does are not apply to claims for employee benefits under any benefit plan sponsored by the Company which includes its own arbitration procedure; however, if such arbitration procedure is held to be not binding or unenforceable, then this Agreement does apply. The Company and Employee may pursue temporary and/or preliminary injunctive relief in a court of competent jurisdiction for tortious interference with prospective employment and/or the protection of confidential information and/or trade secrets, prevention of unfair competition, or enforcement of post-employment contractual restrictions related to same; provided, however, that all issues of final relief shall continue to be decided through arbitration, and the pursuit of the temporary and/or preliminary injunctive relief described herein shall not constitute a waiver of the parties’ agreement to arbitrate by any party. Disputes that may not be subject to mandatory binding pre-dispute arbitration pursuant to the Federal Arbitration Act, such as provided by claims under the ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇ Street Reform Act; (vii) claims that are not causes of action in court, e.g., disputes over performance reviews, disciplinary actions, compensation and Consumer Protection Act are excluded from other employment actions which when standing alone do not constitute a violation of any applicable law; and (viii) any claims arising under a restrictive covenant agreement (including but not limited to, non-solicitation, non-competition, confidentiality, etc.) between the coverage Company and you as such restrictive covenant agreements will be adjudicated in a court of competent jurisdiction in accordance with its terms. Further, this Agreement does not prohibit the filing of an administrative charge with a federal, state, or local administrative agency such as the EEOC, NLRB or the Department of Labor (DOL). Similarly, this Agreement shall not have any effect on any third parties non-signatories to this Agreement. This , including governmental agencies such as the EEOC, the DOL and the NLRB which by operation of law may file lawsuits in their own name notwithstanding this Agreement also shall not be construed to require the arbitration of any claims against a defense contractor that may not be the subject of a mandatory arbitration agreement as provided by any Department of Defense Appropriations Act and their implementing regulationsarbitrate.