Common use of Agreement Not to File Suit Clause in Contracts

Agreement Not to File Suit. Employee, for and on behalf of Employee and Employee’s beneficiaries, executors, administrators, successors, assigns, and anyone claiming through or under any of the foregoing, agree that they will not file or otherwise submit any charge, claim, complaint, arbitration request, or action to any agency, court, organization, or judicial forum (nor will Employee permit any person, group of persons, or organization to take such action on Employee’s behalf) against the Company Releasees arising out of any actions or non-actions on the part of Company arising before execution of this Agreement. Employee further agrees that to the extent Employee has filed any claim, complaint, charge, arbitration request or action against the Company, Employee will withdraw and dismiss the same with prejudice. Employee further agrees that in the event that any person or entity should bring such a charge, claim, complaint, or action on Employee’s behalf, Employee hereby waives and forfeits any right to recovery under said claim and will exercise his/her best efforts to have such claim dismissed. No provision of this Agreement, however, shall be construed to prevent Employee from filing a charge with the Equal Employment Opportunity Commission or a comparable state or local agency to the extent Employee is permitted to do so by law. However, Employee expressly waives and disclaims any right to compensation or other benefit which may inure to Employee as a result of any such charge and hereby expressly agrees to provide any such benefit or pay any such compensation directly to the Company. Employee understands that the provisions of this paragraph mean that Employee cannot bring a lawsuit against the Company for any reason.

Appears in 2 contracts

Samples: Separation Agreement and General Release (SAVVIS, Inc.), Separation Agreement and General Release (SAVVIS, Inc.)

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Agreement Not to File Suit. EmployeeColleague, for and on behalf of Employee Colleague and EmployeeColleague’s beneficiaries, executors, administrators, successors, assigns, and anyone claiming through or under any of the foregoing, agree that they agrees that, except as specifically set forth herein, he will not file or otherwise submit any charge, claim, complaint, arbitration request, or action to any agency, court, organization, or judicial forum (nor forum, including but not limited to all federal, state, and local forums, against Energizer. Nor will Employee Colleague permit any person, group of persons, or organization to take such action on EmployeeColleague’s behalf) behalf against the Company Releasees Energizer arising out of any actions or non-actions on the part of Company Energizer arising before execution of this Agreement. Employee further agrees that to the extent Employee has filed any claim, complaint, charge, arbitration request or action against the Company, Employee will withdraw and dismiss the same with prejudice. Employee Colleague further agrees that in the event that any person or entity should bring such a charge, claim, complaint, or action on Employee’s his/her behalf, Employee he hereby waives and forfeits any right to recovery under said claim and will exercise his/her best efforts every good faith effort to have such claim dismissed. No provision The provisions of this Agreement, however, paragraph or any other paragraph in this Agreement shall not be construed to prevent Employee Colleague from filing a charge charge, or whistleblower or other complaint, with the Equal Employment Opportunity Commission (“EEOC”), the Securities and Exchange Commission (“SEC”) or a comparable state or local other government agency to the extent Employee he is permitted to do so by law, and this Agreement is not intended to interfere with Colleague’s right to participate and cooperate with an investigation conducted by the EEOC the SEC or any similar agency. HoweverColleague, Employee however, expressly waives and disclaims any right to compensation compensation, reinstatement, equitable or legal remedies or other benefit which benefits that may inure to Employee him/her as a result of any such charge and hereby expressly agrees to provide any such benefit or pay any such compensation directly to the CompanyEnergizer. Employee Colleague understands that the provisions of this paragraph mean that Employee that, except as may otherwise be provided by law, Colleague cannot bring a lawsuit against the Company for any reasonEnergizer.

Appears in 2 contracts

Samples: Separation and Transition Agreement, Separation and Transition Agreement, and General Release (Energizer Holdings, Inc.)

Agreement Not to File Suit. EmployeeColleague, for and on behalf of Employee Colleague and EmployeeColleague’s beneficiaries, executors, administrators, successors, assigns, and anyone claiming through or under any of the foregoing, agree that they agrees that, except as specifically set forth herein, he will not file or otherwise submit any charge, claim, complaint, arbitration request, or action to any agency, court, organization, or judicial forum (nor forum, including but not limited to all federal, state, and local forums, against Energizer or the Released Parties. Nor will Employee Colleague permit any person, group of persons, or organization to take such action on EmployeeColleague’s behalf) behalf against the Company Releasees Energizer arising out of any actions or non-actions on the part of Company Energizer arising before execution of this Agreement. Employee further agrees that to the extent Employee has filed any claim, complaint, charge, arbitration request or action against the Company, Employee will withdraw and dismiss the same with prejudice. Employee Colleague further agrees that in the event that any person or entity should bring such a charge, claim, complaint, or action on Employee’s his behalf, Employee he hereby waives and forfeits any right to recovery under said claim and will exercise his/her best efforts every good faith effort to have such claim dismissed. No provision The provisions of this Agreement, however, paragraph or any other paragraph in this Agreement shall not be construed to prevent Employee Colleague from filing a charge charge, or whistleblower or other complaint, with the Equal Employment Opportunity Commission (“EEOC”), the Securities and Exchange Commission (“SEC”) or a comparable state or local other government agency to the extent Employee he is permitted to do so by law, and this Agreement is not intended to interfere with Colleague’s right to participate and cooperate with an investigation conducted by the EEOC the SEC or any similar agency. HoweverColleague, Employee however, expressly waives and disclaims any right to compensation compensation, reinstatement, equitable or legal remedies or other benefit which benefits that may inure to Employee him/her as a result of any such charge and hereby expressly agrees to provide any such benefit or pay any such compensation directly to the CompanyEnergizer. Employee Colleague understands that the provisions of this paragraph mean that Employee that, except as may otherwise be provided by law, Colleague cannot bring a lawsuit against the Company for any reasonEnergizer.

Appears in 1 contract

Samples: Retirement Transition Agreement (Energizer Holdings, Inc.)

Agreement Not to File Suit. EmployeeColleague, for and on behalf of Employee Colleague and EmployeeColleague’s beneficiaries, executors, administrators, successors, assigns, and anyone claiming through or under any of the foregoing, agree that they agrees that, except as specifically set forth herein, she will not file or otherwise submit any charge, claim, complaint, arbitration request, or action to any agency, court, organization, or judicial forum (nor forum, including but not limited to all federal, state, and local forums, against Energizer. Nor will Employee Colleague permit any person, group of persons, or organization to take such action on EmployeeColleague’s behalf) behalf against the Company Releasees Energizer arising out of any actions or non-actions on the part of Company Energizer arising before execution of this Agreement. Employee further agrees that to the extent Employee has filed any claim, complaint, charge, arbitration request or action against the Company, Employee will withdraw and dismiss the same with prejudice. Employee Colleague further agrees that in the event that any person or entity should bring such a charge, claim, complaint, or action on Employee’s his/her behalf, Employee she hereby waives and forfeits any right to recovery under said claim and will exercise his/her best efforts every good faith effort to have such claim dismissed. No provision The provisions of this Agreement, however, paragraph or any other paragraph in this Agreement shall not be construed to prevent Employee Colleague from filing a charge charge, or whistleblower or other complaint, with the Equal Employment Opportunity Commission (“EEOC”), the Securities and Exchange Commission (“SEC”) or a comparable state or local other government agency to the extent Employee she is permitted to do so by law, and this Agreement is not intended to interfere with Colleague’s right to participate and cooperate with an investigation conducted by the EEOC the SEC or any similar agency. HoweverColleague, Employee however, expressly waives and disclaims any right to compensation compensation, reinstatement, equitable or legal remedies or other benefit which benefits that may inure to Employee him/her as a result of any such charge and hereby expressly agrees to provide any such benefit or pay any such compensation directly to the CompanyEnergizer. Employee Colleague understands that the provisions of this paragraph mean that Employee that, except as may otherwise be provided by law, Colleague cannot bring a lawsuit against the Company for any reasonEnergizer.

Appears in 1 contract

Samples: Retirement Transition Agreement (Energizer Holdings, Inc.)

Agreement Not to File Suit. EmployeeColleague, for and on behalf of Employee Colleague and EmployeeColleague’s beneficiaries, executors, administrators, successors, assigns, assigns and anyone claiming through or under any of the foregoing, agree that they agrees that, except as specifically set forth herein, she will not file or otherwise submit any charge, claim, complaint, arbitration request, request or action to any agency, court, organization, or judicial forum (forum, including but not limited to all federal, state and local forums, against Energizer, nor will Employee Colleague permit any person, group of persons, persons or organization to take such action on EmployeeColleague’s behalf) behalf against the Company Releasees Energizer arising out of any actions or non-actions on the part of Company Energizer arising before execution of this Agreement. Employee further agrees that to the extent Employee has filed any claim, complaint, charge, arbitration request or action against the Company, Employee will withdraw and dismiss the same with prejudice. Employee Xxxxxxxxx further agrees that in the event that any person or entity should bring such a charge, claim, complaint, complaint or action on Employee’s his behalf, Employee she hereby waives and forfeits any right to recovery under said claim and will exercise his/her best efforts every good faith effort to have such claim dismissed. No provision The provisions of this Agreement, however, Section 10 and any other Section in this Agreement shall not be construed to prevent Employee Colleague from filing a charge charge, or whistleblower or other complaint, with the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NRLB”), the Securities and Exchange Commission (“SEC”) or a comparable state or local other government agency to the extent Employee she is permitted to do so by law. However, Employee expressly waives and disclaims any this Agreement is not intended to interfere with Colleague’s right to compensation participate and cooperate with an investigation conducted by the EEOC, the NRLB, the SEC or other benefit which may inure to Employee as a result of any such charge and hereby expressly agrees to provide any such benefit or pay any such compensation directly to the Companysimilar agency. Employee Colleague understands that the provisions of this paragraph Section 10 mean that Employee that, except as may otherwise be provided by law, Colleague cannot bring a lawsuit against the Company for any reasonEnergizer.

Appears in 1 contract

Samples: Separation and Transition Agreement (Energizer Holdings, Inc.)

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Agreement Not to File Suit. EmployeeColleague, for and on behalf of Employee Colleague and EmployeeColleague’s beneficiaries, executors, administrators, successors, assigns, and anyone claiming through or under any of the foregoing, agree that they agrees that, except as specifically set forth herein, he will not file or otherwise submit any charge, claim, complaint, arbitration request, or action to any agency, court, organization, or judicial forum (forum, including but not limited to all federal, state, and local forums, against Energizer, nor will Employee Colleague permit any person, group of persons, or organization to take such action on EmployeeColleague’s behalf) behalf against the Company Releasees Energizer arising out of any actions or non-actions on the part of Company Energizer arising before execution of this Agreement. Employee further agrees that to the extent Employee has filed any claim, complaint, charge, arbitration request or action against the Company, Employee will withdraw and dismiss the same with prejudice. Employee Colleague further agrees that in the event that any person or entity should bring such a charge, claim, complaint, or action on Employee’s his behalf, Employee he hereby waives and forfeits any right to recovery under said claim and will exercise his/her best efforts every good faith effort to have such claim dismissed. No provision The provisions of this Agreement, however, paragraph or any other paragraph in this Agreement shall not be construed to prevent Employee Colleague from filing a charge charge, or whistleblower or other complaint, with the Equal Employment Opportunity Commission (“EEOC”), the Securities and Exchange Commission (“SEC”) or a comparable state or local other government agency to the extent Employee he is permitted to do so by law, and this Agreement is not intended to interfere with Colleague’s right to participate and cooperate with an investigation conducted by the EEOC the SEC or any similar agency. HoweverColleague, Employee however, expressly waives and disclaims any right to compensation compensation, reinstatement, equitable or legal remedies or other benefit which benefits that may inure to Employee him/her as a result of any such charge and hereby expressly agrees to provide any such benefit or pay any such compensation directly to the CompanyEnergizer. Employee Colleague understands that the provisions of this paragraph mean that Employee that, except as may otherwise be provided by law, Colleague cannot bring a lawsuit against the Company for any reasonEnergizer.

Appears in 1 contract

Samples: Retirement Transition Agreement (Energizer Holdings, Inc.)

Agreement Not to File Suit. EmployeeColleague, for and on behalf of Employee Colleague and EmployeeColleague’s beneficiaries, executors, administrators, successors, assigns, and anyone claiming through or under any of the foregoing, agree that they agrees that, except as specifically set forth herein, he will not file or otherwise submit any charge, claim, complaint, arbitration request, or action to any agency, court, organization, or judicial forum (nor forum, including but not limited to all federal, state, and local forums, against Energizer. Nor will Employee Colleague permit any person, group of persons, or organization to take such action on EmployeeColleague’s behalf) behalf against the Company Releasees Energizer arising out of any actions or non-actions on the part of Company Energizer arising before execution of this Agreement. Employee further agrees that to the extent Employee has filed any claim, complaint, charge, arbitration request or action against the Company, Employee will withdraw and dismiss the same with prejudice. Employee Colleague further agrees that in the event that any person or entity should bring such a charge, claim, complaint, or action on Employee’s his behalf, Employee he hereby waives and forfeits any right to recovery under said claim and will exercise his/her best efforts every good faith effort to have such claim dismissed. No provision The provisions of this Agreement, however, paragraph or any other paragraph in this Agreement shall not be construed to prevent Employee Colleague from filing a charge charge, or whistleblower or other complaint, with the Equal Employment Opportunity Commission (“EEOC”), the Securities and Exchange Commission (“SEC”) or a comparable state or local other government agency to the extent Employee he is permitted to do so by law, and this Agreement is not intended to interfere with Colleague’s right to participate and cooperate with an investigation conducted by the EEOC the SEC or any similar agency. HoweverColleague, Employee however, expressly waives and disclaims any right to compensation compensation, reinstatement, equitable or legal remedies or other benefit which benefits that may inure to Employee him/her as a result of any such charge and hereby expressly agrees to provide any such benefit or pay any such compensation directly to the CompanyEnergizer. Employee Colleague understands that the provisions of this paragraph mean that Employee that, except as may otherwise be provided by law, Colleague cannot bring a lawsuit against the Company for any reasonEnergizer.

Appears in 1 contract

Samples: Retirment Transition Agreement (Energizer Holdings, Inc.)

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