Common use of No Other Filings Clause in Contracts

No Other Filings. Employee represents that he/she has not filed any charges, complaints or other accusatory pleadings against Xxxx-Xxxxx or any of its officers, directors, employees or representatives based upon or arising out of any aspect of his/her employment relationship with Xxxx-Xxxxx or separation therefrom which may have accrued as of the date of the execution of this Agreement. Employee agrees that if at any time after the execution of this Agreement it is established that he/she violated the terms of this provision, Xxxx-Xxxxx shall have the right to seek appropriate relief, including, but not limited to, a permanent injunction restraining Employee from further violations. Employee further agrees that damages for any breach of this provision will be difficult to calculate and that should Employee breach this provision, Xxxx-Xxxxx shall be entitled to both stop payment of any funds owed under this Agreement and the Plan and bring legal action against Employee in a court of competent jurisdiction for each such breach. Upon the entry of any judgment finding such a breach, Xxxx-Xxxxx shall also be entitled to recover forty percent (40%) of all payments made to Employee or on his/her behalf as outlined in the Plan as liquidated damages for each such breach. Employee further agrees that with respect to the claims he/she is waiving, he/she is waiving his/her right to recover money or other relief in any action that might be brought on his/her behalf by any other person or entity including, but not limited to, the United States Equal Employment Opportunity Commission, the Department of Labor, or any other (U.S. or foreign) federal, state or local governmental agency or department. Xxxxxx Xxxxxxx Xxxx-Xxxxx Stores, Inc.

Appears in 2 contracts

Samples: General Release and Separation Agreement, General Release and Separation Agreement (Winn Dixie Stores Inc)

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No Other Filings. Employee represents that he/she has not filed any charges, complaints or other accusatory pleadings against Xxxx-Xxxxx or any of its officers, directors, employees or representatives based upon or arising out of any aspect of his/her employment relationship with Xxxx-Xxxxx or separation therefrom which may have accrued as of the date of the execution of this Agreement. Employee agrees that if at any time after the execution of this Agreement it is established that he/she violated the terms of this provision, Xxxx-Xxxxx shall have the right to seek appropriate relief, including, but not limited to, a permanent injunction restraining Employee from further violations. Employee further agrees that damages for any breach of this provision will be difficult to calculate and that should Employee breach this provision, Xxxx-Xxxxx shall be entitled to both stop payment of any funds owed under this Agreement and the Plan and bring legal action against Employee in a court of competent jurisdiction for each such breach. Upon the entry of any judgment finding such a breach, Xxxx-Xxxxx shall also be entitled to recover forty percent (40%) of all payments made to Employee or on his/her behalf as outlined in the Plan as liquidated damages for each such breach. Employee further agrees that with respect to the claims he/she is waiving, he/she is waiving his/her right to recover money or other relief in any action that might be brought on his/her behalf by any other person or entity including, but not limited to, the United States Equal Employment Opportunity Commission, the Department of Labor, or any other (U.S. or foreign) federal, state or local governmental agency or department. Xxxxxx Xxxxxxx Xxxx-Xxxxx Stores, Inc..

Appears in 1 contract

Samples: General Release and Separation Agreement (Winn Dixie Stores Inc)

No Other Filings. Employee represents that he/she has not filed any charges, complaints or other accusatory pleadings against Xxxx-Xxxxx or any of its officers, directors, employees or representatives based upon or arising out of any aspect of his/her employment relationship with Xxxx-Xxxxx or separation therefrom which may have accrued as of the date of the execution of this Agreement. Employee agrees that if at any time after the execution of this Agreement it is established that he/she violated the terms of this provision, Xxxx-Xxxxx shall have the right to seek appropriate relief, including, but not limited to, a permanent injunction restraining Employee from further violations. Employee further agrees that damages for any breach of this provision will be difficult to calculate and that should Employee breach this provision, Xxxx-Xxxxx shall be entitled to both stop payment of any funds owed under this Agreement and the Plan and bring legal action against Employee in a court of competent jurisdiction for each such breach. Upon the entry of any judgment finding such a breach, Xxxx-Xxxxx shall also be entitled to recover forty percent Three Hundred Seventy-Five Thousand Dollars and No Cents (40%$375,000.00) of all payments made to Employee or on his/her behalf as outlined in the Plan as liquidated damages for each such breach. Employee further agrees that with respect to the claims he/she is waiving, he/she is waiving his/her right to recover money or other relief in any action that might be brought on his/her behalf by any other person or entity including, but not limited to, the United States Equal Employment Opportunity Commission, the Department of Labor, or any other (U.S. or foreign) federal, state or local governmental agency or department. Xxxxxx Xxxxxxx Xxxx-Xxxxx Stores, Inc..

Appears in 1 contract

Samples: Election Form and Waiver Agreement (Winn Dixie Stores Inc)

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No Other Filings. Employee represents that he/she has not filed any charges, complaints or other accusatory pleadings against BI-LO/Xxxx-Xxxxx or any of its officers, directors, employees or representatives based upon or arising out of any aspect of his/her employment relationship with BI-LO/Xxxx-Xxxxx or separation therefrom which may have accrued as of the date of the execution of this Agreement. Employee agrees that if at any time after the execution of this Agreement it is established that he/she violated the terms of this provision, BI-LO/Xxxx-Xxxxx shall have the right to seek appropriate relief, including, but not limited to, a permanent injunction restraining Employee from further violations. Employee further agrees that damages for any breach of this provision will be difficult to calculate and that should Employee breach this provision, BI-LO/Xxxx-Xxxxx shall be entitled to both stop payment of any funds owed under this Agreement and the Plan and bring legal action against Employee in a court of competent jurisdiction for each such breach. Upon the entry of any judgment finding such a breach, Xxxx-Xxxxx shall also be entitled to recover forty percent (40%) of all payments made to Employee or on his/her behalf as outlined in the Plan as As liquidated damages for each such breach and not as a penalty for such breach. Employee further agrees that with respect to the claims he/she is waiving, he/she is waiving his/her right to recover money or other relief in any action that might be brought on his/her behalf by any other person or entity including, but not limited to, the United States Equal Employment Opportunity Commission, the Department of Labor, or any other (U.S. or foreign) federal, state or local governmental agency or department. Xxxxxx Xxxxxxx Xxxx-Xxxxx Stores, Inc..

Appears in 1 contract

Samples: Election Form and Waiver Agreement (Southeastern Grocers, LLC)

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