No Pursuit of Released Claims. Employee represents that Employee has not filed, submitted or caused to be filed any lawsuit, complaint or charge pertaining in any way to Employee’s employment or encompassing any claim released by this Release. Employee promises never to file, prosecute, join, opt-in or participate in a lawsuit (including a collective or class action) or other complaint or charge asserting any claims that are released by this Release. This promise, however, shall not limit and does not affect Employee’s right to challenge the validity of this Release under the ADEA or Older Workers Benefit Protection Act. Notwithstanding the foregoing, nothing in this Subsection precludes Employee from filing an administrative charge of discrimination or an administrative charge within the jurisdiction of the National Labor Relations Board, or from filing a charge or communicating with any other federal, state or local government office, official or agency. Employee promises never to seek or accept any damages, remedies, or other relief for Employee personally (any right to which Employee hereby waives and promises never to accept) with respect to any claim included in Section 1 of this Release, in any proceeding including, but not limited to, any Equal Employment Opportunity Commission (“EEOC”) proceeding.
No Pursuit of Released Claims. Employee represents that Employee has not filed, submitted or caused to be filed any lawsuit, complaint or charge pertaining in any way to Employee’s employment or encompassing any claim released by this Agreement. Employee promises never to file, prosecute, join, opt-in or participate in a lawsuit (including a collective or class action) or other complaint asserting any claims that are released by this Agreement. Notwithstanding the foregoing, nothing in this Agreement: (i) limits or affects Employee’s right to challenge the validity of this Agreement, including, without limitation, a challenge under the ADEA or OWBPA; (ii) in any way interferes with Employee’s right and responsibility to give truthful testimony under oath; or (iii) precludes Employee from participating in an investigation, filing a charge or otherwise communicating with any federal, state, or local government office, official or agency, including but not limited to, the Equal Employment Opportunity Commission, Department of Labor, National Labor Relations Board or the Securities and Exchange Commission. However, Employee promises never to seek or accept any compensatory damages, back pay, front pay, or reinstatement remedies for Employee personally with respect to any claims released by this Agreement. Employee also understands that if Employee makes a confidential disclosure of a Company trade secret to a government official or attorney for the sole purpose of reporting or investigating a suspected violation of law, or in a court filing under seal, Employee shall not be held liable under any federal or state trade secret law for such a disclosure.
No Pursuit of Released Claims. Subject to the limitations set forth in Sections 9(a), (b) and (d), each Releasor hereby irrevocably covenants: (i) not to assert any Released Claim or commence, initiate, or cause to be commenced or instituted, any proceeding for any Released Claim; (ii) to request any governmental body or other body, department, commission, board, bureau, agency, public authority or instrumentality thereof or any court or arbitrator assuming jurisdiction of any such Released Claim or proceeding to withdraw from the matter or dismiss the matter with prejudice; and (iii) not to accept any monetary relief or recovery from any such proceeding filed on behalf of any Releasor. This Agreement and the releases granted hereunder may be pleaded as a full and complete defense to, and may be used as a basis for an injunction against, any proceeding which may be threatened or commenced by or on behalf of any Releasor in breach of this Agreement.
No Pursuit of Released Claims. Employee represents and warrants that Employee has reported to the Company any and all claims pertaining in any way to Employee’s employment or encompassing any claim released by this Agreement. Employee specifically represents that Employee has not raised a claim, including but not limited to, unlawful discrimination; harassment; sexual harassment, abuse, assault, or other criminal conduct; or retaliation in a court or agency proceeding, in an alternative dispute resolution forum, or with the Company, involving the Company or any other Released Party. Employee promises never to file, prosecute, join, opt-in or participate in a lawsuit (including a collective or class action) or other complaint asserting any claims that are released by this Agreement. Notwithstanding the foregoing or any other provision in this Agreement, including Subsections 1(c), 3-7, and 12, nothing in this Agreement: (i) in any way interferes with Employee’s right and responsibility to give truthful testimony under oath; (ii) precludes Employee from participating in an investigation, filing a charge or otherwise communicating with or providing documents or other information to any federal, state, or local government office, official or agency, including but not limited to, the Equal Employment Opportunity Commission, Department of Labor, National Labor Relations Board or the Securities and Exchange Commission; or (iii) prevents Employee from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that Employee has reason to believe is unlawful. However, Employee promises never to seek or accept any compensatory damages, back pay, front pay, or reinstatement remedies for Employee personally with respect to any claims released by this Agreement, except for any right Employee may have to receive a payment or award from a government agency (and not the Company) for information provided to the government agency. Employee also understands that if Employee makes a confidential disclosure of a Company trade secret to a government official or attorney for the sole purpose of reporting or investigating a suspected violation of law, or in a court filing under seal, Employee shall not be held criminally or civilly liable under any federal or state trade secret law for such a disclosure.
No Pursuit of Released Claims. If, despite this Agreement, Employee brings a lawsuit asserting any Claim that Employee has released, Employee will be liable to the Released Parties (as defined below) for their attorneys’ fees, other defense costs, and any other damages that Employee’s suit causes, except those attributable to challenges to this Agreement under the ADEA or Older Workers Benefit Protection Act (“OWBPA”). Other than as specifically provided below, Employee promises not to accept any relief or remedies not set forth in this Agreement as to any Claim Employee has released by signing it. If Employee files or is included in any administrative charge or investigation or becomes a member of a class after the effective date of this Agreement, Employee agrees to waive any right to monetary recovery (other than a benefit or remedy pursuant to Section 922 of the Xxxx-Xxxxx Act or a monetary award from a government-administered whistleblower award program for providing information directly to a government agency) should any administrative or governmental agency (such as the Equal Employment Opportunity Commission (“EEOC”), the National Labor Relations Board (“NLRB”), or any state or local agencies, or any other person or entity, pursue any claims on Employee’s behalf against the persons or entities covered by the release in this Agreement.
No Pursuit of Released Claims. Xxxxxxxxxx promises never to file or prosecute a lawsuit, administrative complaint or charge, or other complaint or charge asserting any claims that are released by the Agreement. Xxxxxxxxxx represents that Xxxxxxxxxx has not filed or caused to be filed any lawsuit, complaint or charge with respect to any claim this Agreement releases. Xxxxxxxxxx further agrees to request any government agency or other body assuming jurisdiction of any complaint or charge relating to a released claim to withdraw from the matter or dismiss the matter with prejudice.
No Pursuit of Released Claims. The Union covenants and agrees that it will not in the future file any lawsuit, grievance, unfair labor practice charge, claim, complaint or action of any kind whatsoever against the Released Parties based on the claims released in this Agreement. The Union also agrees that it will withdraw, with prejudice, the pending grievance concerning the Cargill Pension Dispute and any other pending lawsuit, unfair labor practice charge, claim, or complaint against the Released Parties currently pending that is based, in whole or in part, on the facts giving rise to the Cargill Pension Dispute.
No Pursuit of Released Claims. Xxxxxxxxxxx and his spouse promise never to file or prosecute a lawsuit or other complaint or charge asserting any claims that are released by the Agreement. Xxxxxxxxxxx and his spouse represent that they have not filed or caused to be filed any lawsuit, complaint or charge with respect to any claim this Agreement releases. Xxxxxxxxxxx and his spouse promise never to seek any damages, remedies, or other relief for Xxxxxxxxxxx or his spouse personally (any right to which they hereby waive and promise never to accept) by filing or prosecuting a charge with any administrative agency with respect to any claim purportedly released by this Agreement.
No Pursuit of Released Claims. Executive agrees that he is not entitled to receive, will not claim, and expressly waives any entitlement to rights, benefits or compensation from the Company arising out or related to his employment by the Company or his separation from the Company, other than as expressly set forth in this Agreement. Executive agrees never to file or prosecute a legal action, administrative complaint or charge, or other complaint or charge asserting any claims that are released pursuant to this Agreement. Executive represents that he has not filed or caused to be filed any legal action, complaint or charge with respect to any claim released pursuant to this Agreement. Executive further agrees to request any government agency or other body assuming jurisdiction of any complaint or charge relating to a released claim to withdraw from the matter or dismiss the matter with prejudice. Executive further acknowledges and agrees that his release of claims against the Company as set forth in Section 3 of this Agreement encompasses any claims he has or may have to challenge the validity of this Agreement based upon California Labor Code § 206.5.
No Pursuit of Released Claims. Subject to the terms of this Release Agreement, no Party will no commence, prosecute, or assist any action or proceeding based upon, or otherwise assert or pursue any claim, demand or cause of action based on the Released Claims.
