No Interference with Rights. Nothing in this Release Agreement or the Employment Agreement, including but not limited to, the release of claims, confidential information, return of property, non-solicitation of employees, non-solicitation of customers, non-competition, non-disparagement, availability/cooperation, agreement to arbitrate and acknowledgement provisions, (1) limits or affects Employee’s right to challenge the validity of this Release Agreement under the ADEA or the OWBPA; (2) prevents Employee from filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, or any other any federal, state or local agency charged with the enforcement of any laws, including providing documents or other information; or (3) prevents Employee from exercising rights under Section 7 of the National Labor Relations Act to engage in joint activity with other employees, although by signing this release Employee is waiving rights to individual relief (including backpay, frontpay, reinstatement or other legal or equitable relief) in any charge, complaint, lawsuit, or other proceeding brought by Employee or on Employee’s behalf by any third-party, except for any right Employee may have to receive a payment from a government agency (and not the Company) for information provided to the government agency or where otherwise prohibited. Notwithstanding Employee’s confidentiality and non-disclosure obligations in this Release Agreement and otherwise, Employee understands that as provided by the Federal Defend Trade Secrets Act, Employee will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret made: (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or (ii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
Appears in 2 contracts
Samples: Employment Agreement (H&r Block Inc), Employment Agreement (H&r Block Inc)
No Interference with Rights. Nothing Employee understands this Agreement does not apply to (i) claims for unemployment or workers' compensation benefits, (ii) claims or rights that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, and (v) any claims that controlling law clearly states may not be released by private agreement. Moreover, nothing in this Release Agreement or the Employment Agreement, (including but not limited toto the acknowledgements, the release of claims, confidential informationthe promise not to sue, the confidentiality and non-disparagement obligations, cooperation, and the return of property, non-solicitation of employees, non-solicitation of customers, non-competition, non-disparagement, availability/cooperation, agreement to arbitrate and acknowledgement provisions, property provision) (1i) limits or affects Employee’s 's right to challenge the validity of this Release Agreement under the ADEA or the OWBPA; , (2ii) prevents Employee from communicating with, filing a charge or complaint with with; providing documents or information voluntarily or in response to a subpoena or other information request to; or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or any other any federal, state or local agency charged with the enforcement of any laws, including or from testifying, providing documents evidence, responding to a subpoena or other information; discovery request in court litigation or arbitration, or (3iii) prevents Employee a non- management, non-supervisory employee from exercising rights engaging in protected concerted activity under Section 7 of the National Labor Relations Act NLRA or under similar state law such as joining, assisting, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to engage in joint activity with other employeesdo so; this includes using or disclosing information acquired through lawful means regarding wages, although by signing this release Employee is waiving rights to individual relief (including backpayhours, frontpay, reinstatement or other legal or equitable relief) in any charge, complaint, lawsuitbenefits, or other proceeding brought by Employee or on Employee’s behalf by any third-partyterms and conditions of employment, except for any right Employee may have to receive a payment from a government agency (and not where the Company) for information provided was entrusted to the government agency or where otherwise prohibited. Notwithstanding Employee’s confidentiality and non-disclosure obligations employee in this Release Agreement and otherwise, Employee understands that as provided confidence by the Federal Defend Trade Secrets Act, Employee will not be held criminally or civilly liable under any federal or state trade secret law for Company as part of the disclosure of a trade secret made: (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or (ii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under sealemployee's job duties.
Appears in 2 contracts
Samples: Employee Separation and Release Agreement, Employee Separation and Release Agreement
No Interference with Rights. A. Nothing in this Release Agreement or the Employment Agreementincluding, including but not limited to, to the release of claims, confidential informationacknowledgements, return of property, non-solicitation of employees, non-solicitation of customers, non-competitionconfidentiality, non-disparagement, availability/cooperationconfidential information, agreement to arbitrate attorneys’ fees, and acknowledgement cooperation provisions, (1) limits or affects Employee’s right to challenge the validity of this Release Agreement under the ADEA or the OWBPA; (2) prevents prevent Employee from filing a charge or complaint communicating and cooperating in good faith with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity CommissionEEOC, National Labor Relations Board, the Securities and Exchange Commission, or any other self-regulatory organization or any other federal, state or local agency charged with (each a “Government Agency”) for the enforcement purpose of (i) reporting a possible violation of any lawsU.S. federal, including providing documents state, or other information; local law or regulation, (3ii) prevents Employee from filing a charge or complaint with a Government Agency, (iii) participating in an investigation or proceeding conducted by a Government Agency, (iv) exercising rights under Section 7 of the National Labor Relations Act NLRA to engage in joint protected, concerted activity with other employees, although by signing this release Agreement Employee is waiving rights to individual relief (including backpay, frontpayany money damages, reinstatement or other legal or equitable relief) in any charge, complaint, lawsuit, or lawsuit or other proceeding brought by Employee or on Employee’s behalf by any third-third party, except for any right Employee may have to receive where such a payment from a government agency (and not the Company) for information provided to the government agency or where otherwise waiver of individual relief is prohibited. Notwithstanding Employee’s confidentiality and non-disclosure obligations in this Release Agreement and otherwise.
B. Additionally, Employee understands that as provided by the Federal Defend Trade Secrets Act, Employee will shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret made: that is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or (ii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal; or (iii) in court proceedings if Employee files a lawsuit for retaliation by an employer for reporting a suspected violation of law, or to Employee’s attorney in such lawsuit, provided that Employee must file any document containing the trade secret under seal, and Employee may not disclose the trade secret, except pursuant to court order. Notwithstanding the foregoing, under no circumstance will Employee be authorized to make any disclosures as to which the Company may assert protections from disclosure under the attorney-client privilege or the attorney work product doctrine, without prior written consent of the Company’s General Counsel or another authorized officer designated by the Company.
Appears in 2 contracts
Samples: Separation Agreement, Separation Agreement (MGM Resorts International)
No Interference with Rights. Nothing in this Release Agreement or the Employment Agreement, (including but not limited toto Section 5 (Other Agreements), the release of claimsSection 6 (Nondisparagement), confidential information, return of property, non-solicitation of employees, non-solicitation of customers, non-competition, non-disparagement, availability/cooperation, agreement to arbitrate and acknowledgement provisions, Exhibit A (1General Release)) (i) limits or affects Employee’s right to enforce or challenge the validity of this Release Agreement under the ADEA or the OWBPA; (2ii) prevents Employee from filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, or any other any federal, state or local agency charged with the enforcement of any laws, including providing documents or other information; or (3) prevents Employee from exercising rights under Section 7 of the National Labor Relations Act to engage in joint protected, concerted activity with other employees, although by signing this release Agreement Employee is waiving rights to individual relief (including backpay, frontpayany money damages, reinstatement or other legal or equitable relief) in any charge, complaint, lawsuit, or lawsuit or other proceeding brought by Employee or on Employee’s behalf by any third-third party, except for any right Employee may have to receive where such a payment from a government agency (and not the Company) for information provided to the government agency or where otherwise waiver of individual relief is prohibited. Notwithstanding Employee’s confidentiality and non-disclosure obligations in under this Release Agreement and or otherwise, Employee understands that as provided by in the Federal Defend Trade Secrets Secret Act, Employee will shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made: (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or (ii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
Appears in 1 contract
Samples: Separation Agreement (Praxair Inc)