Common use of No Future Actions Clause in Contracts

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.

Appears in 4 contracts

Samples: Retirement Agreement, Retirement Agreement, Retirement Agreement and Release of All Claims (Marcus & Millichap, Inc.)

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No Future Actions. To the extent permitted by law, the Executive Employee agrees that the Executive Employee 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 or her employment with the Company. The Executive Employee represents that he or she has not, to date, initiated (or caused to be initiated) any such suit or action. The Executive Employee agrees that if hehe or she, or anyone purporting to act on his or her behalf or under any assignment of claims from the ExecutiveEmployee, 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 Employee 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 Employee is required to participate by legal process or other requirement of applicable law, provided that the Executive Employee gives the Company notice if legal process is served on the ExecutiveEmployee; or to any challenge by the Executive Employee to the validity of any release herein of ADEA claims or to any to suit or action brought by the Executive Employee to assert such a challenge. Additionally, nothing in this Agreement Release precludes the Executive Employee 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 Employee may file a charge, provide information, or participate in any investigation or proceeding, by signing this AgreementRelease, the ExecutiveEmployee, 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 Employee to any federal, state or local government agency or department.

Appears in 3 contracts

Samples: Employment Agreement (Health Net Inc), Employment Agreement (Health Net Inc), Employment Agreement (Health Net Inc)

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 Release 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 AgreementRelease, 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.

Appears in 2 contracts

Samples: Retirement Agreement and Release, Retirement Agreement and Release of All Claims (Marcus & Millichap, Inc.)

No Future Actions. To the extent permitted by law, the Executive Employee agrees that the Executive Employee 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 or her employment with the Company. The Executive Employee represents that he or she has not, to date, initiated (or caused to be initiated) any such suit or action. The Executive Employee agrees that if hehe or she, or anyone purporting to act on his or her behalf or under any assignment of claims from the ExecutiveEmployee, 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 Employee will pay to the Exhibit 10.7 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 Employee is required to participate by legal process or other requirement of applicable law, provided that the Executive Employee gives the Company notice if legal process is served on the ExecutiveEmployee; or to any challenge by the Executive Employee to the validity of any release herein of ADEA claims or to any to suit or action brought by the Executive Employee to assert such a challenge. Additionally, nothing in this Agreement Release precludes the Executive Employee 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 Employee may file a charge, provide information, or participate in any investigation or proceeding, by signing this AgreementRelease, the ExecutiveEmployee, 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 Employee to any federal, state or local government agency or department.

Appears in 1 contract

Samples: Employment Agreement (Health Net Inc)

No Future Actions. To the extent permitted by law, the Executive Employee agrees that the Executive Employee 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 or her employment with the Company. The Executive Employee represents that he or she has not, to date, initiated (or caused to be initiated) any such suit or action. The Executive Employee agrees that if hehe or she, or anyone purporting to act on his or her behalf or under any assignment of claims from the ExecutiveEmployee, 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 Employee 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 Employee is required to participate by legal process or other requirement of applicable law, provided that the Executive Employee gives the Company notice if legal process is served on the ExecutiveEmployee; or to any challenge by the Executive Employee to the validity of any release herein of ADEA claims or to any to suit or action brought by the Executive Employee to assert such a challenge. Additionally, nothing in this Agreement Release precludes the Executive Employee 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 Employee may file a charge, provide information, or participate in any investigation or proceeding, by signing this AgreementRelease, the ExecutiveEmployee, 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 LA\3090510.2 recovery in any such proceeding or lawsuit or in any proceeding brought based on any communication by the Executive Employee to any federal, state or local government agency or department.

Appears in 1 contract

Samples: Employment Agreement (Health Net Inc)

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No Future Actions. To the extent permitted by law, the Executive Employee agrees that the Executive Employee 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 her employment with the Company. The Executive Employee represents that he she has not, to date, initiated (or caused to be initiated) any such suit or action. The Executive Employee agrees that if heshe, or anyone purporting to act on his behalf or under any assignment of claims from the ExecutiveEmployee, 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 Employee 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 Employee is required to participate by legal process or other requirement of applicable law, provided that the Executive Employee gives the Company notice if legal process is served on the ExecutiveEmployee; or to any challenge by the Executive Employee to the validity of any release herein of ADEA claims or to any to suit or action brought by the Executive Employee to assert such a challenge. Additionally, nothing in this Agreement Release precludes the Executive Employee 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 Employee may file a charge, provide information, or participate in any investigation or proceeding, by signing this AgreementRelease, the ExecutiveEmployee, 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 Employee to any federal, state or local government agency or department.

Appears in 1 contract

Samples: Transition Services, Separation Agreement and Release (Health Net Inc)

No Future Actions. To the extent permitted by law, the Executive Employee agrees that the Executive Employee 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 or her employment with the Company. The Executive Employee represents that he or she has not, to date, initiated (or caused to be initiated) any such suit or action. The Executive Employee agrees that if hehe or she, or anyone purporting to act on his or her behalf or under any assignment of claims from the ExecutiveEmployee, 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 Employee 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 Employee is required to participate by legal process or other requirement of applicable law, provided that the Executive Employee gives the Company notice if legal process is served on the ExecutiveEmployee; or to any challenge by the Executive Employee to the validity of any release herein of ADEA claims or to any to suit or action brought by the Executive Employee to assert such a challenge. Exhibit 10.10 Additionally, nothing in this Agreement Release precludes the Executive Employee 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 Employee may file a charge, provide information, or participate in any investigation or proceeding, by signing this AgreementRelease, the ExecutiveEmployee, 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 Employee to any federal, state or local government agency or department.

Appears in 1 contract

Samples: Employment Agreement (Health Net Inc)

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