Common use of Exclusion for Certain Claims Clause in Contracts

Exclusion for Certain Claims. Notwithstanding the foregoing, Employee and Company agree that the release set forth in Paragraph 6 shall not apply to (i) any claims arising after the date Employee signs this Agreement, (ii) any claims under the Eligible Equity Awards and (iii) any claims under the Company’s Directors and Officers insurance policy (“D&O Policy”), nor shall anything herein prevent Employee or Company from instituting any action to enforce the terms of this Agreement. The Parties agree and acknowledge that the release and waiver set forth in Paragraph 6(a) shall not prevent Employee from filing a charge or complaint with the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB”), the Occupational Safety and Health Administration (“OSHA”), the Securities and Exchange Commission (“SEC”), or the Pennsylvania Human Relations Commission (“PHRC”). The Parties further agree that nothing in this Agreement, including any confidentiality or non-disparagement provisions, prevents Employee from making truthful reports or disclosures to any Government Agency, which includes any agency or entity of federal, state, or local government, or otherwise participating in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information. Employee, however, understands that by signing this Agreement, Employee waives the right to recover any damages or to receive other relief in any claim or suit brought by or through the EEOC, NLRB, PHRC or any other state or local deferral agency on Employee’s behalf, to the fullest extent permitted by law. This release does not extend to claims that are non-waivable under the law. Upon Employee’s Reaffirmation of this Agreement following the Separation Date, Employee specifically acknowledges and agrees that Employee has been paid all wages and other compensation, including but not limited to commission, bonuses, incentive pay, medical expenses, or other benefits owed as of the Separation Date, and that Employee has no further or additional compensation claims against Company. Employee further specifically acknowledges and agrees that Employee is waiving, on behalf of Employee and Employee’s attorneys, all claims for fees and expenses and court costs, to the fullest extent permitted by law.

Exclusion for Certain Claims. Notwithstanding the foregoing, Kellogg and Employee and Company agree that the release set forth in Paragraph 6 given above shall not apply to (i) any claims arising after the date Employee signs this Agreement, (ii) any claims under the Eligible Equity Awards . Kellogg and (iii) any claims under Employee also agree that nothing in this Agreement prevents Employee or the Company, Global Snack Co or Employee’s Directors and Officers insurance policy (“D&O Policy”)Post-Transaction Employer, nor shall anything herein prevent Employee or Company if different, from instituting any action to enforce the terms of this Agreement or challenge the Agreement. The Parties agree ’s validity under the Age Discrimination in Employment Act, as amended, or any other right or recovery that cannot by express and acknowledge that the release and waiver set forth unequivocal terms of law, be limited, waived or extinguished or released (such as claims for workers’ compensation, statutory unemployment benefits, or statutory disability benefits), including those claims referred to in Paragraph 6(a) 7 of Exhibit A. In addition, Employee and Kellogg agree that nothing in this Agreement shall not be construed to prevent Employee from enforcing any rights Employee may have under the Employee Retirement Income Security Act of 1974 to recover vested benefits or to prohibit Employee from filing a charge or complaint with the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB”), the Occupational Safety and Health Administration (“OSHA”), the Securities and Exchange Commission (“SEC”), otherwise cooperating or the Pennsylvania Human Relations Commission (“PHRC”). The Parties further agree that nothing in this Agreement, including any confidentiality or non-disparagement provisions, prevents Employee from making truthful reports or disclosures to any Government Agency, which includes any agency or entity of federal, state, or local government, or otherwise participating in any an investigation or proceeding that may be conducted by any Government Agencyfederal, including providing documents or other information. Employee, however, understands that by signing this Agreement, Employee waives the right to recover any damages or to receive other relief in any claim or suit brought by or through the EEOC, NLRB, PHRC or any other state or local deferral agency on Employee’s behalf, to the fullest extent permitted by law. This release does not extend to claims that are non-waivable under the law. Upon Employee’s Reaffirmation of this Agreement following the Separation Date, Employee specifically acknowledges and agrees that Employee has been paid all wages and other compensation, including but not limited to commission, bonuses, incentive pay, medical expenses, or other benefits owed as of the Separation Date, and that Employee has no further or additional compensation claims against Companyagency. Employee further specifically acknowledges understands and agrees that Employee is waivingwaiving the right to recover monetary damages or other individual relief in connection with any such charge, or investigation or in any proceeding brought by Employee or on behalf of Employee and Employee’s attorneysbehalf; provided, all claims for fees that nothing in this Agreement shall prohibit Employee from receiving any monetary award to which Employee becomes entitled pursuant to Section 922 of the ▇▇▇▇- ▇▇▇▇▇ ▇▇▇▇ Street Reform and expenses and court costs, to the fullest extent permitted by lawConsumer Protection Act.

Exclusion for Certain Claims. Notwithstanding the foregoing, Kellogg and Employee and Company agree that the release set forth in Paragraph 6 given above shall not apply to (i) any claims arising after the date Employee signs this Agreement, (ii) any claims under the Eligible Equity Awards . Kellogg and (iii) any claims under Employee also agree that nothing in this Agreement prevents Employee or the Company, Global Snack Co or Employee’s Directors and Officers insurance policy (“D&O Policy”)Post-Transaction Employer, nor shall anything herein prevent Employee or Company if different, from instituting any action to enforce the terms of this Agreement or challenge the Agreement. The Parties agree ’s validity under the Age Discrimination in Employment Act, as amended, or any other right or recovery that cannot by express and acknowledge that the release and waiver set forth unequivocal terms of law, be limited, waived or extinguished or released (such as claims for workers’ {{Int_es_:signer1:initials}} 493423 SREV compensation, statutory unemployment benefits, or statutory disability benefits), including those claims referred to in Paragraph 6(a) 7 of Exhibit A. In addition, Employee and Kellogg agree that nothing in this Agreement shall not be construed to prevent Employee from enforcing any rights Employee may have under the Employee Retirement Income Security Act of 1974 to recover vested benefits or to prohibit Employee from filing a charge or complaint with the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB”), the Occupational Safety and Health Administration (“OSHA”), the Securities and Exchange Commission (“SEC”), otherwise cooperating or the Pennsylvania Human Relations Commission (“PHRC”). The Parties further agree that nothing in this Agreement, including any confidentiality or non-disparagement provisions, prevents Employee from making truthful reports or disclosures to any Government Agency, which includes any agency or entity of federal, state, or local government, or otherwise participating in any an investigation or proceeding that may be conducted by any Government Agencyfederal, including providing documents or other information. Employee, however, understands that by signing this Agreement, Employee waives the right to recover any damages or to receive other relief in any claim or suit brought by or through the EEOC, NLRB, PHRC or any other state or local deferral agency on Employee’s behalf, to the fullest extent permitted by law. This release does not extend to claims that are non-waivable under the law. Upon Employee’s Reaffirmation of this Agreement following the Separation Date, Employee specifically acknowledges and agrees that Employee has been paid all wages and other compensation, including but not limited to commission, bonuses, incentive pay, medical expenses, or other benefits owed as of the Separation Date, and that Employee has no further or additional compensation claims against Companyagency. Employee further specifically acknowledges understands and agrees that Employee is waivingwaiving the right to recover monetary damages or other individual relief in connection with any such charge, or investigation or in any proceeding brought by Employee or on behalf of Employee and Employee’s attorneysbehalf; provided, all claims for fees that nothing in this Agreement shall prohibit Employee from receiving any monetary award to which Employee becomes entitled pursuant to Section 922 of the ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇ Street Reform and expenses and court costs, to the fullest extent permitted by lawConsumer Protection Act.