No Future Actions. To the extent permitted by law, the Executive agrees that the Executive shall not encourage, cooperate in, or initiate any suit or action of any kind, or voluntarily participate in same, individually or as a representative, witness or member of a class, under contract, law or regulation, federal, state or local, pertaining to any matter related to his employment with the Company. The Executive represents that he has not, to date, initiated (or caused to be initiated) any such suit or action. The Executive agrees that if he, or anyone purporting to act on his behalf or under any assignment of claims from the Executive, hereafter commences any suit arising out of, based upon, or relating to any of the claims released by the Agreement or in any manner asserts against the Company and/or its Affiliates, any of the claims released hereunder, then, to the maximum extent permitted by law, the Executive will pay to the Company and/or its Affiliates, as applicable, in addition to any other damages caused to them thereby, all attorneys’ fees incurred by the Company and/or its Affiliates, as applicable, in defending or otherwise responding to said suit or claim. The foregoing shall not apply if the Executive is required to participate by legal process or other requirement of applicable law, provided that the Executive gives the Company notice if legal process is served on the Executive; or to any challenge by the Executive to the validity of any release herein of ADEA claims or to any to suit or action brought by the Executive to assert such a challenge. Additionally, nothing in this Agreement precludes the Executive from participating in any investigation or proceeding before any federal or state agency, or governmental body, including, but not limited to, the Equal Employment Opportunity Commission, the Securities and Exchange Commission, and/or the Department of Justice. However, while the Executive may file a charge, provide information, or participate in any investigation or proceeding, by signing this Agreement, the Executive, to the maximum extent permitted by law, waives any right to bring a lawsuit against the Company, and waives any right to any individual monetary recovery in any such proceeding or lawsuit or in any proceeding brought based on any communication by the Executive to any federal, state or local government agency or department.
No Future Actions. 5.1 The Employee represents, warrants and covenants that he will not file any, and, if applicable, will withdraw all, complaints, charges, suits or grievances against the Employer or its affiliates or subsidiaries, or any of their respective officers, directors, shareholders, agents, servants, representatives, underwriters, successors, heirs and assigns, with any governmental agency or court, and the Employee further agrees that neither he nor any person, organization or any other entity acting on his behalf will file, or cause or permit to be filed, any other complaint, charge, suit or grievance against the Employer at any time hereafter involving any matter occurring or arising in the past up to the date of this Agreement. In the event of breach of this representation, warranty and covenant by the Employee, he will return immediately, in full, all payments made to him pursuant to Section 3.1 hereof and, if any, Section 3.2 hereof. Furthermore, in the event of such breach, the Employee will pay the Employer’s reasonable attorneys’ fees incurred in connection with defending or otherwise responding to such a complaint, charge, suit or grievance.
No Future Actions. Xx. Xxxxx covenants and agrees never to commence, aid in any way, prosecute or cause to be commenced or prosecuted any action or other proceeding based upon any claims, demands, causes of action, obligations, damages or liabilities which are the subject of this Agreement; provided however, that Xx. Xxxxx does not relinquish any protected rights he may have to file a charge, testify, assist or participate in any manner in an investigation, hearing or proceeding conducted by the Equal Employment Opportunity Commission, the Office of Federal Contract Compliance, or any similar state human rights agency. However, Xx. Xxxxx may not recover additional compensation or damages as a result of such participation.
No Future Actions. With the exception of the obligations, representations and warranties set forth in this Agreement, the Parties shall forever refrain and forebear from commencing, instituting, or participating, either as a named or unnamed party, in any lawsuit, action or other proceeding against the other Party based on or arising out of any facts or circumstances which occurred prior to the Effective Date.
No Future Actions. By signing this Separation Agreement, you represent that you have not and will not in the future commence any action or proceeding arising out of the matters released hereby, and that you will not seek or be entitled to any award of legal or equitable relief in any action or proceeding that may be commenced on your behalf.
No Future Actions. Each of ASSI and Xxxxxx agrees that it will forever refrain and forbear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the Company or any of its Affiliates based on, arising out of, or in connection with any Claim that is released and discharged by reason of this instrument. The Company agrees that it will forever refrain and forbear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against ASSI or Xxxxxx based on, arising out of, or in connection with any Claim that is released and discharged by reason of this instrument.
No Future Actions. The Releasors shall not, after the Effective Date, seek (directly or indirectly) to commence, institute, maintain, or prosecute any suit, action, or complaint of any kind (including, but not limited to, claims for actual damages, statutory damages, and exemplary or punitive damages) against any Defendant, or any other Releasee, based on the Released Claims, in any forum, whether on his or her own behalf or as part of any putative, purported, or certified class. The Parties contemplate and agree that this Agreement may be pleaded as a bar to a lawsuit, and an injunction may be obtained preventing any action from being initiated or maintained, in any case sought to be prosecuted on behalf of any Releasor (including, but not limited to, for actual damages, statutory damages, exemplary, or punitive damages) or Releasee based on the claims as described in Sections IV.A and IV.B.
No Future Actions. Each of the Parties agrees that it has not, and will not commence, maintain, initiate or prosecute any action, suit, proceeding or claim before any court or administrative agency (whether state, federal or otherwise) against any other Party hereto in regard to the claims released under this Agreement. This section shall not apply to any efforts to enforce the terms of this Agreement (or the rights and obligations contained therein) or to enforce the terms of the Lease, which remain in full force and effect, except as modified hereunder.
No Future Actions. Effective upon payment in full of the Settlement Amount, Tela and Aurora agree that each has not, and will not commence, maintain, initiate or prosecute or cause, encourage, assist, advise or cooperate with any other person or entity to commence, maintain, initiate or prosecute any action, suit, proceeding or claim before any court or administrative agency (whether state, federal or otherwise) against any other party hereto or the Tela Releasees or Aurora Releasees, related to any of the matters being released hereby. This Agreement shall be a complete defense to any action, suit, proceeding or claim described in the immediately preceding sentence and no party may attack the legal validity or sufficiency of this Agreement.
No Future Actions. The Releasors shall not, after the Execution Date, seek (directly or 4 indirectly) to commence, institute, maintain or prosecute any suit, action or complaint or collect from 5 or proceed against the Panasonic Defendants or any other Releasee (including, but not limited to, 6 pursuant to the Actions) based on the Released Claims in any forum worldwide, whether on his, her, 7 or its own behalf or as part of any putative, purported or certified class of purchasers or consumers.
