Agreement not to Sxx. Except as required by law that cannot be waived, Executive agrees that he will not commence, maintain, initiate, or prosecute, or cause, encourage, assist, volunteer, advise or cooperate with any other Person (as defined in the Executive Employment Agreement) to commence, maintain, initiate or prosecute, any action, lawsuit, proceeding, charge, petition, complaint or claim before any court, agency or tribunal against the Company or any Affiliate arising from, concerned with, or otherwise relating to, in whole or in part, Executive’s employment or separation from employment with the Company, or any of the matters discharged and released in this Agreement. Notwithstanding the preceding sentence or any other provision of this Agreement or the Employment Agreement, this release and the Employment Agreement are not intended to interfere with Executive’s right to file a charge with the EEOC or a state or local human rights commission in connection with any claim that Executive believes he may have against the Company or its Affiliates, or to cooperate or provide truthful testimony to the EEOC or a state or local human rights commission with respect to any investigation. However, by executing this Agreement, Executive hereby waives the right to recover monetary damages in any proceeding he may bring before the EEOC or any state or local human rights commission or in any proceeding brought by the EEOC or any state or local human rights commission (or any other agency) on Executive’s behalf.
Agreement not to Sxx. Except as otherwise provided in Section 8, Section 9, this Agreement or as otherwise required by law, Employee agrees that he will not commence, maintain, initiate, or prosecute, or cause, encourage, assist, volunteer, advise or cooperate with any other Person to commence, maintain, initiate or prosecute, any action, lawsuit, proceeding, charge, petition, complaint or claim before any court, agency or tribunal against the Company or any other Released Party arising from, concerned with, or otherwise relating to, in whole or in part, Employee’s employment or separation from employment with the Company or an Affiliate, or any of the other matters discharged and released in this Agreement. Employee further understands and agrees that if he, or someone acting on his behalf, should file, or cause to be filed, any such claim, charge, complaint, or action against the Company and/or any other Released Party, Employee expressly waives any and all rights to recover any damages or other relief from the Company and/or other Released Party including, without limitation, costs and attorneys’ fees. Employee further represents and warrants that he has not filed or lodged, and has no outstanding claims, including, without limitation, any lawsuits, charges of discrimination, or administrative proceedings, against the Company or any of the Released Parties regarding matters that have been released pursuant to this Agreement.
Agreement not to Sxx. Other than an action for breach of this Release Agreement or as otherwise provided in paragraphs 6, 7 and 8, Individual expressly acknowledges that if Individual files any claim or lawsuit, or causes or aids any claim or arbitration to be filed on Individual’s behalf, regarding any matter described in this Release Agreement, the Company may be entitled to recover from Individual some or all money paid under this Release Agreement, plus attorneys’ fees and costs incurred in defending against such action, to the extent permitted by law.
Agreement not to Sxx. (a) Employee represents and agrees that he has not, by himself or on his behalf, instituted, prosecuted, filed, or processed any litigation, claims or proceedings against RE/MAX or any Releasees. Employee agrees, to the maximum extent permitted by law, not to make or file any lawsuits, complaints, or other proceedings against RE/MAX or any Releasee or to join in any such lawsuits, complaints, or other proceedings against RE/MAX or Releasees concerning any matter relating to his employment with RE/MAX or that arose on or prior to the date of this Second Release. The Parties agree that to the extent, if any, Employee may have a non-waivable right to file or participate in a claim or charge against RE/MAX or Releasees, this Second Release shall not be intended to waive such a right to file or participate. Employee further agrees, to the maximum extent permitted by law, that he shall not obtain, and hereby waives any right or entitlement to obtain, any relief or damages (whether legal, monetary, equitable, or other) from such a non-waivable claim or charge, whether the same is filed by Employee or on his behalf or by another. Employee further agrees and covenants that, to the maximum extent permitted by law, he will not encourage or voluntarily assist or aid in any way others in making or filing any lawsuits, complaints, or other proceedings against RE/MAX, or any other Releasee.
(b) RE/MAX represents and agrees that it has not instituted, prosecuted, filed, or processed any litigation, claims or proceedings against Employee. RE/MAX agrees, to the maximum extent permitted by law, not to make or file any lawsuits, complaints, or other proceedings against Employee or to join in any such lawsuits, complaints, or other proceedings against Employee concerning any matter relating to his employment with RE/MAX or that arose on or prior to the date of this Second Release.
Agreement not to Sxx. 9.1 Each Party agrees, on behalf of itself and on behalf of its Related Parties not to sxx, commence, voluntarily aid in any way, prosecute or cause to be commenced or prosecuted against the other Party or its Related Parties in any action, suit or other proceedings concerning the Released Claims, in this jurisdiction or any other.
9.2 Clauses 3 and 9.1 shall not apply to, and the Released Claims shall not include, any claims in respect of any breach of this Agreement.
Agreement not to Sxx. I represent that I will not in the future file any lawsuit or complaint against the Released Parties based on the Claims purportedly released in this Release. I promise never to seek any damages, remedies, or other relief for myself personally (any right to which I hereby waive) by filing or prosecuting a charge with any administrative agency with respect to any Claim purportedly released by this Release. Notwithstanding the forgoing, nothing in this Agreement shall preclude me from bringing suit to challenge the validity or enforceability of this Agreement under the Age Discrimination in Employment Act [29 U.S.C. § 620, et seq.] as amended by the Older Workers Benefit Protection Act. Nor shall anything in this Agreement be interpreted as preventing or precluding my participation in any investigation or proceeding conducted by the Equal Employment Opportunity Commission. Nor shall anything in this Agreement be interpreted as prohibiting me from filing a charge, including a challenge to the validity of the waiver agreement, with the EEOC pursuant to the Age Discrimination in Employment Act as amended.
Agreement not to Sxx. Employee represents and agrees that he has not, by himself or on his behalf, instituted, prosecuted, filed, or processed any litigation, claims or proceedings against RE/MAX or any Releasees. Employee agrees, to the maximum extent permitted by law, not to make or file any lawsuits, complaints, or other proceedings against RE/MAX or any Releasee or to join in any such lawsuits, complaints, or other proceedings against RE/MAX or Releasees concerning any matter relating to his employment with RE/MAX or that arose on or prior to the date of this Agreement. The Parties agree that to the extent, if any, Employee may have a non-waivable right to file or participate in a claim or charge against RE/MAX or Releasees, this Agreement shall not be intended to waive such a right to file or participate. Employee further agrees and covenants that, to the maximum extent permitted by law, he will not encourage or voluntarily assist or aid in any way others in making or filing any lawsuits, complaints, or other proceedings against RE/MAX, or any other Releasee.
Agreement not to Sxx. Executive represents and agrees that he has not instituted, prosecuted, filed, or processed any litigation or other claims or charges against GLGC or any others released by Executive in this Agreement. Executive further agrees to refrain from instituting, prosecuting, filing, or processing or knowingly assisting with the instituting, prosecuting, filing, or processing of any litigation or other claims against GLGC or any others released by Executive in this Agreement, to the maximum extent permitted by law, in any way related to or arising out of any matter which arose on or before the date of this Agreement. Executive further covenants and agrees, to the maximum extent permitted by law, not to bring or cause to be brought any claim, charge or proceeding before any local, state or federal agency, in any arbitration, grievance or other proceeding, or in or before any other forum, which is in any way related to Executive’s employment or termination with GLGC or any other claim against GLGC. The parties agree that to the extent, if any, Executive may have a non-waivable right to file or participate in a claim or charge against GLGC, this Agreement shall not be intended to waive such a right. Executive further agrees that he shall not obtain, and hereby waives his right to, any relief (legal, equitable, or other) from such a proceeding, claim or charge, whether the same is filed by him or on his behalf or by another.
Agreement not to Sxx. The Executive shall not file suit against any of the Released Parties pleading or asserting any claims released in this Section 1. If the Executive breaches this promise, the Executive shall pay each of the applicable Released Parties its (his/her) attorneys’ fees and costs incurred in defending against such claims. Notwithstanding the foregoing, this reimbursement provision shall not apply to any claims brought under ADEA challenging the validity of the release in this Section 1.
Agreement not to Sxx. The Company shall not (and shall cause its subsidiaries, and each of their respective successors, assigns, and representatives not to) file suit against any of the Executive Released Parties pleading or asserting any claims released in this Section 2. If the Company breaches this promise, the Company shall pay each of the applicable Executive Released Parties its (his/her) attorneys’ fees and costs incurred in defending against such claims.
