Exclusion for Certain Claims. Notwithstanding the foregoing, Executive and the Company agree that the release in Paragraphs 3(a) and 3(b) shall not apply to any equity awards under Paragraph 2(d) or any claims arising after the date Executive signs this Agreement, nor shall anything herein prevent Executive from instituting any action to enforce the terms of this Agreement. Executive and the Company further agree that the release in this Paragraph 3 shall not apply to any claims Executive may have to indemnification as an officer, director or employee under applicable law or the governing documents of the Company or any insurance policies of the Company, or any claims which may not, as a matter of law, be released. In addition, Executive and the Company agree that nothing herein shall be construed to prevent Employee from enforcing rights, if any, under ERISA to recover any vested benefits.
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Exclusion for Certain Claims. Notwithstanding the foregoing, Executive and the Company agree that the release in Paragraphs 3(a) and 3(b) shall not apply to any equity awards under Paragraph 2(d) or any claims arising after the date Executive signs this Agreement, nor shall anything herein prevent Executive from instituting any action to enforce the terms of this Agreement. Executive and the Company further agree that the release in this Paragraph 3 shall not apply to any claims Executive may have to indemnification as an officer, director or employee under applicable law or the governing documents of the Company or any insurance policies of the Company, or any claims which may not, as a matter of law, be released. In addition, Executive and the Company agree that nothing herein shall be construed to prevent Employee from enforcing rights, if any, under ERISA to recover any vested benefits.
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