Common use of No Suits or Actions Clause in Contracts

No Suits or Actions. The Employee has not filed any claims, actions or charges against the Releasees, and represents that he/she does not have any claims of any kind whatsoever against the Releasees, including without limitation any claims for workers’ compensation injuries. The Employee agrees that if he or she hereafter commences, joins in, or in any manner seeks relief through any suit arising out of, based upon, or relating to any of the Claims released hereunder, or in any manner asserts against the Releasees any of the Claims released hereunder, including without limitation through any motion to reconsider, reopen or appeal the dismissal of the Action, then Employee will pay to the Releasees against whom such claim(s) is asserted, in addition to any other damages caused thereby, all attorneys’ fees incurred by such Releasees in defending or otherwise responding to said suit or Claim. Provided however, that this provision shall not obligate Employee to pay the Releasee’s attorney’s fees, in any action challenging the release of claims under the Older Workers Benefit Protection Act or the Age Discrimination in Employment Act, unless otherwise authorized by law.

Appears in 3 contracts

Samples: Severance and General Release Agreement (Advanced Medical Optics Inc), Severance and General Release Agreement (Advanced Medical Optics Inc), Severance and General Release Agreement (Advanced Medical Optics Inc)

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No Suits or Actions. The Employee has not filed any claims, actions or charges against the Releasees, Releasees and represents that he/she he does not have any other claims of any kind whatsoever against the Releasees, including without limitation any claims for workers' compensation injuries. The Employee agrees that if he or she hereafter commences, joins in, or in any manner seeks relief through any suit arising out of, based upon, or relating to any of the Claims released hereunder, or in any manner asserts against the Releasees any of the Claims released hereunder, including without limitation through any motion to reconsider, reopen or appeal the dismissal of the Action, then Employee will pay to the Releasees Releasee's against whom such claim(s) Claim is asserted, in addition to any other damages caused thereby, all attorneys' fees incurred by such Releasees in defending or otherwise responding to said suit or Claim. Provided however, that this provision shall not obligate Employee to pay the Releasee’s 's attorney’s 's fees, in any action challenging the release of claims under the Older Workers Benefit Protection Act or the Age Discrimination in Employment Act, unless otherwise authorized by law.

Appears in 1 contract

Samples: Transition and General Release Agreement (Allergan Inc)

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No Suits or Actions. The Employee has not filed any claims, actions or charges against the Releasees, and represents that he/she does not have any claims Releasees of any kind whatsoever against the Releasees, including without limitation any claims for workers’ compensation injuries. The Employee agrees that if he or she hereafter commences, joins in, or in any manner seeks relief through any suit arising out of, based upon, or relating to any of the Claims released hereunder, ,or in any manner asserts against the Releasees any of the Claims released hereunder, including without limitation through any motion to reconsider, reopen or appeal the dismissal of the Action, then Employee will pay to the Releasees against whom such claim(sClaim(s) is asserted, in addition to any other damages caused thereby, all attorneys’ fees incurred by such Releasees in defending or otherwise responding to said suit or Claim. Provided ; provided, however, that this provision shall not obligate Employee to pay the Releasee’s Releasees’ attorney’s fees, in any action challenging the release of claims Claims under the Older Workers Benefit Protection Act or the Age Discrimination in Employment Act, unless otherwise authorized by law.

Appears in 1 contract

Samples: Severance and General Release Agreement (Allergan Inc)

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