constitutional, contractual, statutory or other of any jurisdiction, foreign or domestic, whether known or unknown, whether in law or in equity, which Employee had or may claim to have against any of them and Employee specifically releases claims under all applicable state, federal, and local laws, including but not limited to, Title VII of the Civil Rights Act of 1964 as amended, the Fair Labor Standards Act, the Rehabilitation Act of 1973, the Family and Medical Leave Act, the Pregnancy Discrimination Act, the Employee Retirement Income Security Act, the Consolidated Omnibus Reconciliation Act of 1986, the Equal Pay Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, as well as all common law claims, whether arising in tort or contract, including tortious conduct, wrongful discharge and wrongful discharge in violation of public policy (collectively referred to as “Released Matters”).
6.2Notwithstanding the foregoing, the Company and Employee expressly agree and acknowledge that nothing in this Agreement releases or waives any rights or claims Employee may have with respect to any vested retirement savings accounts, if any, claims for health insurance coverage or reimbursements through the Company’s plans for treatment occurring before the Effective Date of this Agreement, for workers’ compensation and unemployment compensation benefits, or to other rights and claims that cannot be waived as a matter of law or public policy. Such reserved rights and claims are not “Released Matters” as defined in this Agreement.
6.3Employee, for and on behalf of herself and Employee’s beneficiaries, executors, administrators, successors, assigns, and anyone claiming through or under any of the foregoing, agrees that Employee will not file or otherwise submit any charge, claim, complaint, arbitration request, or action to any agency, court, organization, or judicial forum, including, but not limited to, all federal, state, and local forums against the Company, nor will Employee permit any person, group of persons, or organization to take such action on his behalf against Released Parties arising out of any actions or non-actions on the part of Released Parties arising before execution of this Agreement. Employee further agrees that in the event that any person or entity should bring such a charge, claim, complaint, or action on their behalf, Employee hereby waives and forfeits any right to recovery under said claim and will make a reasonable good faith effort to have such claim dismissed. The provisions of this paragraph or any other paragraph in this Agreement shall not be construed to prevent Employee from filing a charge with the Equal Employment Opportunity Commission (“EEOC”) or similar agency, or participating in (or cooperating with) any investigation or proceeding conducted by the EEOC or comparable state or local agency or cooperating in any such investigation or proceeding; however, Employee understands and agrees that Employee is waiving any and all rights to recover any monetary or personal relief from a Released Party as a result of such EEOC or comparable state or local agency or proceeding or subsequent legal actions. Further, nothing in this Agreement prohibits or restricts Employee from (A) filing a charge or complaint with, or cooperating in any investigation with, the Securities and Exchange Commission, the Financial Industry Regulatory Authority, or any other governmental agency, entity or authority (each, a “Government Agency”), (B) reporting violations of U.S. federal or state laws or regulations to a Government Agency, (C) making disclosures that are protected under U.S. federal and state whistleblower laws and regulations or (D) accepting any monetary reward in connection therewith.
6.4This Agreement expressly releases claims under the False Claims Act to the fullest extent permitted by law. To the extent that a court of competent jurisdiction were to conclude that pre-filing releases of claims under the False Claims Act are not enforceable absent government knowledge of the alleged claims, the Parties agree that Employee will be permitted to participate in any legal proceedings under the False Claims Act. But, Employee specifically waives any rights she may have to receive any monetary award from such proceedings.