Common use of No Pending Complaints Clause in Contracts

No Pending Complaints. Xx. Xxxxx represents and warrants that he has not filed any complaint(s) or charge(s) against O’Charley’s with the Equal Employment Opportunity Commission or the state commission empowered to investigate claims of employment discrimination, the United States Department of Labor, the Office of Federal Contract Compliance Programs, or with any other local, state or federal agency or court, and that if any such agency or court assumes jurisdiction of any complaint(s) or charge(s) against O’Charley’s on Xx. Xxxxx’ behalf, Xx. Xxxxx will request such agency or court to withdraw from the matter, Xx. Xxxxx will refuse any benefits derived therefrom, and the release contained in this Agreement will apply to such claim. This Agreement will not affect Xx. Xxxxx’ right to hereafter file a charge with or otherwise participate in an investigation or proceeding conducted by any such agency or court regarding matters that arise after the Termination Date and which are not the subject of this Agreement. Xx. Xxxxx represents and warrants that he has no knowledge of any practice engaged in by O’Charley’s that is or was a violation in any material respect of any applicable state law or regulations or of any federal law or regulations including, but not by way of limitation, the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, and the regulations promulgated thereunder (the “Exchange Act”).

Appears in 2 contracts

Samples: Transition Agreement and General Release, Transition Agreement and General Release (O Charleys Inc)

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No Pending Complaints. Xx. Xxxxx Xxx represents and warrants that he has not filed any complaint(s) or charge(s) against O’Charley’s Healthways with the Equal Employment Opportunity Commission or the state commission empowered to investigate claims of employment discrimination, the United States Department of Labor, the Office of Federal Contract Compliance Programs, or with any other local, state or federal agency or court, and that if any such agency or court assumes jurisdiction of any complaint(s) or charge(s) against O’Charley’s Healthways on behalf of Xx. Xxxxx’ behalfXxx, then Xx. Xxxxx Xxx will request such agency or court to withdraw from the matter, matter and Xx. Xxxxx Xxx will refuse any benefits derived therefrom, and the release contained in this Agreement will shall apply to such claim. This Agreement will not affect Xx. Xxxxx’ Xxx’x right to hereafter file a charge with or otherwise participate in an investigation or proceeding conducted by any such agency or court the Equal Employment Opportunity Commission regarding matters that arise which arose after the Termination Effective Date and which are not the subject of this Agreement. Xx. Xxxxx Xxx represents and warrants that he has no knowledge of any practice engaged in by O’Charley’s Healthways that is or was a violation in any material respect of any applicable state law or regulations or of any federal law or regulations including, but not by way of limitation, the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, and the regulations promulgated thereunder (the “Exchange Act”)thereunder.

Appears in 1 contract

Samples: Severance Agreement (Healthways, Inc)

No Pending Complaints. Xx. Xxxxx represents and warrants that he has not filed any complaint(s) or charge(s) against O’Charley’s with the Equal Employment Opportunity Commission or the state commission empowered to investigate claims of employment discrimination, the United States Department of Labor, the Office of Federal Contract Compliance Programs, or with any other local, state or federal agency or court, and that if any such agency or court assumes jurisdiction of any complaint(s) or charge(s) against O’Charley’s on behalf of Xx. Xxxxx’ behalf, then Xx. Xxxxx will request such agency or court to withdraw from the matter, matter and Xx. Xxxxx will refuse any benefits derived therefrom, and the release contained in this Agreement will shall apply to such claim. This Agreement will not affect Xx. Xxxxx’ Xxxxx’x right to hereafter file a charge with or otherwise participate in an investigation or proceeding conducted by any such agency or court the Equal Employment Opportunity Commission regarding matters that arise which arose after the Termination Effective Date and which are not the subject of this Agreement. Xx. Xxxxx represents and warrants that he has no knowledge of any practice engaged in by O’Charley’s that is or was a violation in any material respect of any applicable state law or regulations or of any federal law or regulations including, but not by way of limitation, the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, and the regulations promulgated thereunder (the “Exchange Act”)thereunder.

Appears in 1 contract

Samples: Severance Agreement (O Charleys Inc)

No Pending Complaints. Xx. Xxxxx represents and warrants that he has not filed any complaint(s) or charge(s) against O’Charley’s with the Equal Employment Opportunity Commission or the state commission empowered to investigate claims of employment discrimination, the United States Department of Labor, the Office of Federal Contract Compliance Programs, or with any other local, state or federal agency or court, and that if any such agency or court assumes jurisdiction of any complaint(s) or charge(s) against O’Charley’s on Xx. Xxxxx’ behalf, Xx. Xxxxx will request such agency or court to withdraw from the matter, Xx. Xxxxx will refuse any benefits derived therefrom, and the release contained in this Agreement will apply to such claim. This Agreement will not affect Xx. Xxxxx’ right to hereafter file a charge with or otherwise participate in an investigation or proceeding conducted by any such agency or court regarding matters that arise after the Termination Date date hereof and which are not the subject of this Agreement. Xx. Xxxxx represents and warrants that he has no knowledge of any practice engaged in by O’Charley’s that is or was a violation in any material respect of any applicable state law or regulations or of any federal law or regulations including, but not by way of limitation, the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, and the regulations promulgated thereunder (the “Exchange Act”)thereunder.

Appears in 1 contract

Samples: Transition Agreement and General Release (O Charleys Inc)

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No Pending Complaints. XxMx. Xxxxx represents and warrants that he has not filed any complaint(s) or charge(s) against O’Charley’s with the Equal Employment Opportunity Commission or the state commission empowered to investigate claims of employment discrimination, the United States Department of Labor, the Office of Federal Contract Compliance Programs, or with any other local, state or federal agency or court, and that if any such agency or court assumes jurisdiction of any complaint(s) or charge(s) against O’Charley’s on XxMx. Xxxxx’ behalf, XxMx. Xxxxx will request such agency or court to withdraw from the matter, XxMx. Xxxxx will refuse any benefits derived therefrom, and the release contained in this Agreement will apply to such claim. This Agreement will not affect XxMx. Xxxxx’ Xxxxx’x right to hereafter file a charge with or otherwise participate in an investigation or proceeding conducted by any such agency or court regarding matters that arise after the Termination Resignation Date and which are not the subject of this Agreement. XxMx. Xxxxx represents and warrants that he has no knowledge of any practice engaged in by O’Charley’s that is or was a violation in any material respect of any applicable state law or regulations or of any federal law or regulations including, but not by way of limitation, the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, and the regulations promulgated thereunder (the “Exchange Act”)thereunder.

Appears in 1 contract

Samples: General Release Agreement (O Charleys Inc)

No Pending Complaints. Xx. Xxxxx Xxxxxxxxx represents and warrants that he has not filed any complaint(s) or charge(s) against O’Charley’s Healthways with the Equal Employment Opportunity Commission or the state commission empowered to investigate claims of employment discrimination, the United States Department of Labor, the Office of Federal Contract Compliance Programs, or with any other local, state or federal agency or court, and that if any such agency or court assumes jurisdiction of any complaint(s) or charge(s) against O’Charley’s Healthways on behalf of Xx. Xxxxx’ behalfXxxxxxxxx, then Xx. Xxxxx Xxxxxxxxx will request such agency or court to withdraw from the matter, matter and Xx. Xxxxx Xxxxxxxxx will refuse any benefits derived therefrom, and the release contained in this Agreement will shall apply to such claim. This Agreement will not affect Xx. Xxxxx’ Xxxxxxxxx'x right to hereafter file a charge with or otherwise participate in an investigation or proceeding conducted by any such agency or court regarding matters that arise after the Termination Date and which are not the subject of this AgreementEqual Employment Opportunity Commission. Xx. Xxxxx Xxxxxxxxx represents and warrants that he has no knowledge of any practice engaged in by O’Charley’s Healthways or its employees that is or was a violation in any material respect of any applicable state law or regulations or of any federal law or regulations including, but not by way of limitation, the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended, and the regulations promulgated thereunder (thereunder. Xx. Xxxxxxxxx further acknowledges that he is not personally aware of any violations of, nor has he violated, any provisions of the “Exchange Act”)Business Code of Conduct.

Appears in 1 contract

Samples: Separation and General Release Agreement (Healthways, Inc)

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