Common use of Agreement Not to File Suit Clause in Contracts

Agreement Not to File Suit. Colleague, for and on behalf of Colleague and Colleague’s beneficiaries, executors, administrators, successors, assigns, and anyone claiming through or under any of the foregoing, 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, including but not limited to all federal, state, and local forums, against Energizer. Nor will Colleague permit any person, group of persons, or organization to take such action on Colleague’s behalf against Energizer arising out of any actions or non-actions on the part of Energizer arising before execution of this Agreement. Colleague further agrees that in the event that any person or entity should bring such a charge, claim, complaint, or action on his/her behalf, he hereby waives and forfeits any right to recovery under said claim and will exercise every 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 Colleague from filing a charge, or whistleblower or other complaint, with the Equal Employment Opportunity Commission (“EEOC”), the Securities and Exchange Commission (“SEC”) or other government agency to the extent 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. Colleague, however, expressly waives and disclaims any right to compensation, reinstatement, equitable or legal remedies or other benefits that may inure to 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 Energizer. Colleague understands that the provisions of this paragraph mean that, except as may otherwise be provided by law, Colleague cannot bring a lawsuit against Energizer.

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Separation Agreement (SAVVIS, Inc.), Separation Agreement (SAVVIS, Inc.)

Agreement Not to File Suit. ColleagueEmployee, for and on behalf of Colleague Employee and ColleagueEmployee’s beneficiaries, executors, administrators, successors, assigns, and anyone claiming through or under any of the foregoing, agrees that, except as specifically set forth herein, he 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, including but not limited to all federal, state, and local forums, against Energizer. Nor forum (nor will Colleague Employee permit any person, group of persons, or organization to take such action on ColleagueEmployee’s behalf behalf) against Energizer the Company Releasees arising out of any actions or non-actions on the part of Energizer Company arising before execution of this Agreement. Colleague 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 his/her Employee’s behalf, he Employee hereby waives and forfeits any right to recovery under said claim and will exercise every good faith effort best efforts (but will not be obliged to incur any expense) to have such claim dismissed. The provisions of this paragraph, paragraph or any other 5 above and paragraph in this Agreement 7 below shall not be construed to prevent Colleague Employee from filing a charge, or whistleblower or other complaint, charge with the Equal Employment Opportunity Commission (“EEOC”)or a comparable state or local agency, the Securities and Exchange Commission (“SEC”) or other government agency only to the extent he Employee is permitted to do so by law, and notwithstanding the provisions of 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 agencycontrary. ColleagueHowever, however, Employee expressly waives and disclaims any right to compensation, reinstatement, equitable or legal remedies compensation or other benefits that benefit which may inure to him/her Employee as a result of any such charge and hereby expressly agrees to provide any such benefit or pay any such compensation directly to Energizerthe Company. Colleague Employee understands that the provisions of this paragraph Paragraph mean that, except as may otherwise be provided by law, Colleague that Employee cannot bring a lawsuit against Energizerthe Company for any reason.

Appears in 1 contract

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

Agreement Not to File Suit. Colleague, for and on behalf of Colleague and Colleague’s beneficiaries, executors, administrators, successors, assigns, and anyone claiming through or under any of the foregoing, agrees that, except as specifically set forth herein, he she 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 Energizer. Nor will Colleague permit any person, group of persons, or organization to take such action on Colleague’s behalf against Energizer arising out of any actions or non-actions on the part of Energizer arising before execution of this Agreement. Colleague further agrees that in the event that any person or entity should bring such a charge, claim, complaint, or action on his/her behalf, he she hereby waives and forfeits any right to recovery under said claim and will exercise every 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 Colleague from filing a charge, or whistleblower or other complaint, with the Equal Employment Opportunity Commission (“EEOC”), the Securities and Exchange Commission (“SEC”) or other government agency to the extent he 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. Colleague, however, expressly waives and disclaims any right to compensation, reinstatement, equitable or legal remedies or other benefits that may inure to 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 Energizer. Colleague understands that the provisions of this paragraph mean that, except as may otherwise be provided by law, Colleague cannot bring a lawsuit against Energizer.

Appears in 1 contract

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

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Agreement Not to File Suit. ColleagueEmployee, for and on behalf of Colleague Employee and ColleagueEmployee’s beneficiaries, executors, administrators, successors, assigns, and anyone claiming through or under any of the foregoing, agrees that, except as specifically set forth herein, he agree that none of them 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 Energizer. Nor forum (nor will Colleague Employee permit any person, group of persons, or organization to take such action on ColleagueEmployee’s behalf behalf) against Energizer the Company Releasees arising out of any actions or non-actions on the part of Energizer Company arising before execution of this Agreement. Colleague 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 his/her Employee’s behalf, he Employee hereby waives and forfeits any right to recovery under said claim and will exercise every good faith effort his/her best efforts to have such claim dismissed. The provisions No provision of this paragraph or any other paragraph in this Agreement Agreement, however, shall not be construed to prevent Colleague Employee from filing a charge, or whistleblower or other complaint, charge with the Equal Employment Opportunity Commission (“EEOC”), the Securities and Exchange Commission (“SEC”) or other government a comparable state or local agency to the extent he Employee is permitted to do so by law. However, 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. Colleague, however, Employee expressly waives and disclaims any right to compensation, reinstatement, equitable or legal remedies compensation or other benefits that benefit which may inure to him/her Employee as a result of any such charge and hereby expressly agrees to provide any such benefit or pay any such compensation directly to Energizerthe Company. Colleague Employee understands that the provisions of this paragraph mean that, except as may otherwise be provided by law, Colleague that Employee cannot bring a lawsuit against Energizerthe Company for any reason.

Appears in 1 contract

Samples: Separation Agreement (SAVVIS, Inc.)

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