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 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 FOUR above against the Company. Notwithstanding the foregoing, neither the release contained in Section FOUR nor the agreement not to make a Claim or file a complaint, charge, lawsuit or request for investigation set forth in the preceding paragraph will apply to (i) any claim or 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 the Severance Agreement, including but not limited to the Sections on release of claims (Section TWO), confidentiality (Section THIRTEEN and Section 6 of the Severance Agreement), return of property (Section SIXTEEN and Section 8 of the Severance Agreement), and disparagement (Section 9(c) of the Severance Agreement), prevents the Employee from filing a charge or complaint with or participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board or any other federal, state or local agency charged with the enforcement 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 waiving his right to individual relief based on claims asserted in such a charge or complaint, except where such waiver is prohibited.

Appears in 1 contract

Samples: Separation Agreement and General Release of Claims (Campbell Alliance, Ltd.)

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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 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 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 FOUR above against the Company. Notwithstanding the foregoingNevertheless, neither the release contained in Section FOUR nor the agreement this Agreement does not to make a Claim or file a complaint, charge, lawsuit or request for investigation set forth in the preceding paragraph will apply to prevent Employee from (i) any claim or 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 the Severance Agreement, including but not limited to the Sections on release of claims (Section TWO), confidentiality (Section THIRTEEN and Section 6 of the Severance Agreement), return of property (Section SIXTEEN and Section 8 of the Severance Agreement), and disparagement (Section 9(c) of the Severance Agreement), prevents the Employee from filing a charge or complaint of discrimination with or participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission; (ii) cooperating with the Equal Employment Opportunity Commission in an investigation of alleged discrimination; or (iii) testifying in any cause of action when required to do so by law. However, National Labor Relations Board 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 ADEA, as amended, Title VII of the Civil Rights Act of 1964, as amended, or the ADA, as amended, and under any Claim on his behalf under any other federal, state or local agency charged law. SIX: Continuing Obligations. Employee acknowledges and agrees that he continues to be bound by all terms of the Confidentiality 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 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 to compete with the enforcement “Company’s Business,” as defined in the RSU Agreements or solicit inVentiv’s or any subsidiaries of any lawsinVentiv employees or customers, notwithstanding his forfeiture of some or from exercising rights under Section 7 all of the National Labor Relations Act Restricted Stock Units granted pursuant to engage in joint activity with other employees, although by signing this Agreement the Employee is waiving his right to individual relief based on claims asserted in such a charge or complaint, except where such waiver is prohibitedRSU Agreements.

Appears in 1 contract

Samples: Separation Agreement and General Release of Claims (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 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 FOUR 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 FOUR FIVE above against the Company. Notwithstanding the foregoingNevertheless, neither the release contained in Section FOUR nor the agreement this Agreement does not to make a Claim or file a complaint, charge, lawsuit or request for investigation set forth in the preceding paragraph will apply to prevent Employee from (i) reporting or otherwise communicating concerning possible violations of federal law or regulation to or with any claim governmental agency or 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 the Severance Agreement, entity including but not limited to the Sections on release Department of claims (Section TWO)Justice, confidentiality (Section THIRTEEN the Securities and Section 6 of Exchange Commission, the Severance Agreement), return of property (Section SIXTEEN and Section 8 of the Severance Agreement)Congress, and disparagement any Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation; (Section 9(cii) of the Severance Agreement), prevents the Employee from filing a charge or complaint of discrimination 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; or (iv) testifying in any cause of action when required to do so by law or if requested to do so by any governmental, National Labor Relations Board 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 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 agency charged with law. Notwithstanding the enforcement foregoing, Employee is not waiving his rights to (i) claims for breaches 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 or the Employee is waiving his right Additional Separation Agreement, (ii) claims for vested and accrued benefits under the Company’s benefit plans, (iii) claims with respect to individual relief based on indemnification and coverage under applicable directors’ and officers’ liability insurance policies and (iv) claims asserted in such a charge or complaint, except where such waiver is prohibitedwhich may not be released under applicable law.

Appears in 1 contract

Samples: Enhanced Separation Agreement and General Release of Claims (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 FOUR 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 FOUR FIVE above against the Company. Notwithstanding the foregoingNevertheless, neither the release contained in Section FOUR nor the agreement this Agreement does not to make a Claim or file a complaint, charge, lawsuit or request for investigation set forth in the preceding paragraph will apply to prevent Employee from (i) reporting or otherwise communicating concerning possible violations of federal law or regulation to or with any claim governmental agency or 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 the Severance Agreement, entity including but not limited to the Sections on release Department of claims (Section TWO)Justice, confidentiality (Section THIRTEEN the Securities and Section 6 of Exchange Commission, the Severance Agreement), return of property (Section SIXTEEN and Section 8 of the Severance Agreement)Congress, and disparagement any Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation; (Section 9(cii) of the Severance Agreement), prevents the Employee from filing a charge or complaint of discrimination 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; or (iv) testifying in any cause of action when required to do so by law or if requested to do so by any governmental, National Labor Relations Board 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 agency charged with law. Notwithstanding the enforcement of any lawsforegoing, 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 right rights to individual relief based on (i) claims asserted in such a charge or complaintfor breaches of this Agreement, except where such waiver is prohibited(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 and General Release of Claims (Inventiv Health Inc)

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