Common use of No Claims or Lawsuits Clause in Contracts

No Claims or Lawsuits. Employee represents that he has not filed any complaints, charges, lawsuits or requests for investigation against the Company, with any local, state or federal agency or court, that he will not do so at any time hereafter with respect to the matters referred to in Section FIVE above, and that if any such agency or court assumes jurisdiction of any complaint or charge against the Company, on behalf of Employee, he will request such agency or court to dismiss the matter. In addition, Employee promises never to make a Claim or file any complaint, charge, lawsuit or request for investigation asserting any Claims that are released in Section FIVE above against the Company. Nevertheless, this Agreement does not prevent Employee from (i) reporting or otherwise communicating concerning possible violations of federal law or regulation to or with any governmental agency or entity including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation; (ii) filing a charge of discrimination with the Equal Employment Opportunity Commission; (iii) cooperating with the Equal Employment Opportunity Commission in an investigation of alleged discrimination; or (iv) testifying in any cause of action when required to do so by law or if requested to do so by any governmental, administrative or regulatory body with apparent jurisdiction provided that he has notified the Company (where legally permitted) of such governmental, administrative or regulatory request promptly after receipt of such request. However, except where prohibited by law, Employee waives his right to recover any damages, attorneys’ fees, or other relief in any Claim or suit brought by or through the Equal Employment Opportunity Commission or any other state or local agency on Employee’s behalf under the Age Discrimination In Employment Act, as amended, Title VII of the Civil Rights Act of 1964, as amended, or the Americans With Disabilities Act, as amended, and under any Claim on his behalf under any other federal, state or local law. Notwithstanding the foregoing, Employee is not waiving his rights to (i) claims for breaches of this Agreement, (ii) claims for vested and accrued benefits under the Company’s benefit plans, (iii) claims with respect to indemnification and coverage under applicable directors’ and officers’ liability insurance policies, and (iv) claims which may not be released under applicable law.

Appears in 1 contract

Samples: Separation Agreement (Inventiv Health Inc)

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No Claims or Lawsuits. Employee represents that he has not filed any complaints, charges, lawsuits or requests for investigation against the Company, Company with any local, state or federal agency or court, that he will not do so at any time hereafter with respect to the matters referred to in Section FIVE FOUR above, and that if any such agency or court assumes jurisdiction of any complaint or charge against the Company, on behalf of Employee, he will request such agency or court to dismiss the matter. In addition, Employee promises never to make a Claim or file any complaint, charge, lawsuit or request for investigation asserting any Claims that are released in Section FIVE FOUR above against the Company. Nevertheless, this Agreement does not prevent Employee from (i) reporting or otherwise communicating concerning possible violations of federal law or regulation to or with any governmental agency or entity including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation; (ii) filing a charge of discrimination with the Equal Employment Opportunity Commission; (iiiii) cooperating with the Equal Employment Opportunity Commission in an investigation of alleged discrimination; or (iviii) testifying in any cause of action when required to do so by law or if requested to do so by any governmental, administrative or regulatory body with apparent jurisdiction provided that he has notified the Company (where legally permitted) of such governmental, administrative or regulatory request promptly after receipt of such requestlaw. However, except where prohibited by law, Employee waives his right to recover any damages, attorneys’ fees, or other relief in any Claim or suit brought by or through the Equal Employment Opportunity Commission or any other state or local agency on Employee’s behalf under the Age Discrimination In Employment ActADEA, as amended, Title VII of the Civil Rights Act of 1964, as amended, or the Americans With Disabilities ActADA, as amended, and under any Claim on his behalf under any other federal, state or local law. Notwithstanding Employee acknowledges and agrees that he continues to be bound by all terms of the foregoingConfidentiality Agreement, Stockholders Agreement and all other agreements restricting his activities following termination of employment, and that all payments to him pursuant to Section TWO are conditioned upon his compliance with such agreements. For the avoidance of doubt, Employee is acknowledges and agrees that he continues to be bound by all restrictions contained in Section 9 of the RSU Agreement dated April 9, 2012, including, without limitation, the covenants not waiving his rights to (i) claims for breaches of this Agreement, (ii) claims for vested and accrued benefits under compete with the Company’s benefit plansBusiness,” as defined in the RSU Agreements or solicit inVentiv’s or any subsidiaries of inVentiv employees or customers, (iii) claims with respect notwithstanding his forfeiture of some or all of the Restricted Stock Units granted pursuant to indemnification and coverage under applicable directors’ and officers’ liability insurance policies, and (iv) claims which may not be released under applicable lawthe RSU Agreements.

Appears in 1 contract

Samples: Separation Agreement (Campbell Alliance Group Inc)

No Claims or Lawsuits. Employee represents that he has not filed any complaints, charges, lawsuits or requests for investigation against the Company, with any local, state or federal agency or court, that he will not do so at any time hereafter with respect to the matters referred to in Section FIVE above, and that if any such agency or court assumes jurisdiction of any complaint or charge against the Company, on behalf of Employee, he will request such agency or court to dismiss the matter. In addition, Employee promises never to make a Claim or file any complaint, charge, lawsuit or request for investigation asserting any Claims that are released in Section FIVE above against the Company. Nevertheless, this Agreement does not prevent Employee from (i) reporting or otherwise communicating concerning possible violations of federal law or regulation to or with any governmental agency or entity including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation; (ii) filing a charge of discrimination with the Equal Employment Opportunity Commission; (iii) cooperating with the Equal Employment Opportunity Commission in an investigation of alleged discrimination; or (iv) testifying in any cause of action when required to do so by law or if requested to do so by any governmental, administrative or regulatory body with apparent jurisdiction provided that he has notified the Company (where legally permitted) of such governmental, administrative or regulatory request promptly after receipt of such request. However, except where prohibited by law, Employee waives his right to recover any damages, attorneys’ fees, or other relief in any Claim or suit brought by or through the Equal Employment Opportunity Commission or any other state or local agency on Employee’s behalf under the Age Discrimination In Employment Act, as amended, Title VII of the Civil Rights Act of 1964, as amended, or the Americans With Disabilities Act, as amended, and under any Claim on his behalf under any other federal, state or local law. Notwithstanding the foregoing, Employee is not waiving his rights to (i) claims for breaches of this Agreement or the Additional Separation Agreement, (ii) claims for vested and accrued benefits under the Company’s benefit plans, (iii) claims with respect to indemnification and coverage under applicable directors’ and officers’ liability insurance policies, policies and (iv) claims which may not be released under applicable law.

Appears in 1 contract

Samples: Enhanced Separation Agreement (Inventiv Health Inc)

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No Claims or Lawsuits. Employee represents that he has not filed any complaints, charges, lawsuits or requests for investigation against the Company, Company with any local, state or federal agency or court, that he will not do so at any time hereafter with respect to the matters referred to in Section FIVE FOUR above, and that if any such agency or court assumes jurisdiction of any complaint or charge against the Company, on behalf of Employee, he will request such agency or court to dismiss the matter. In addition, Employee promises never to make a Claim or file any complaint, charge, lawsuit or request for investigation asserting any Claims that are released in Section FIVE FOUR above against the Company. NeverthelessNotwithstanding the foregoing, this Agreement does neither the release contained in Section FOUR nor the agreement not prevent Employee from to make a Claim or file a complaint, charge, lawsuit or request for investigation set forth in the preceding paragraph will apply to (i) reporting any claim or otherwise communicating concerning possible violations of federal right that may arise after the date that the Employee signs this Agreement, (ii) the severance benefits described in Section TWO, (iii) inVentiv’s expense reimbursement policies, (iv) vested rights under inVentiv’s ERISA-covered employee benefit plans as applicable on the date the Employee signs this Agreement, and (v) any claims that the controlling law clearly states may not be released by private agreement. The Employee further understand that nothing in this Agreement generally or regulation to or with any governmental agency or entity the Severance Agreement, including but not limited to the Department Sections on release of Justiceclaims (Section TWO), confidentiality (Section THIRTEEN and Section 6 of the Securities Severance Agreement), return of property (Section SIXTEEN and Exchange Commission, Section 8 of the CongressSeverance Agreement), and any Inspector Generaldisparagement (Section 9(c) of the Severance Agreement), or making other disclosures that are protected under prevents the whistleblower provisions of federal law or regulation; (ii) Employee from filing a charge of discrimination or complaint with or participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission; (iii) cooperating with the Equal Employment Opportunity Commission in an investigation of alleged discrimination; , National Labor Relations Board or (iv) testifying in any cause of action when required to do so by law or if requested to do so by any governmental, administrative or regulatory body with apparent jurisdiction provided that he has notified the Company (where legally permitted) of such governmental, administrative or regulatory request promptly after receipt of such request. However, except where prohibited by law, Employee waives his right to recover any damages, attorneys’ fees, or other relief in any Claim or suit brought by or through the Equal Employment Opportunity Commission or any other state or local agency on Employee’s behalf under the Age Discrimination In Employment Act, as amended, Title VII of the Civil Rights Act of 1964, as amended, or the Americans With Disabilities Act, as amended, and under any Claim on his behalf under any other federal, state or local law. Notwithstanding agency charged with the foregoingenforcement of any laws, or from exercising rights under Section 7 of the National Labor Relations Act to engage in joint activity with other employees, although by signing this Agreement the Employee is not waiving his rights right to (i) individual relief based on claims for breaches of this Agreementasserted in such a charge or complaint, (ii) claims for vested and accrued benefits under the Company’s benefit plans, (iii) claims with respect to indemnification and coverage under applicable directors’ and officers’ liability insurance policies, and (iv) claims which may not be released under applicable lawexcept where such waiver is prohibited.

Appears in 1 contract

Samples: Separation Agreement (Campbell Alliance, Ltd.)

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