No Suits. Consultant represents and warrants that he has never commenced or filed and covenants and agrees never to commence, file or in any way prosecute or cause to be commenced or prosecuted against the Releasees or any of them, any action, charge, complaint or other proceedings, whether administrative, judicial, legislative or otherwise, including, but not limited to, any action or proceeding for damages, attorney's fees, disbursements, costs or equitable relief based upon or seeking relief on account of actions or failures to act by the Releasees which may have occurred or failed to occur prior to the Effective Date, other than in connection with Unreleased Claims. Consultant agrees that in the event he files any charge, complaint or commences any litigation of any kind that is covered by this Agreement, he shall pay all of the reasonable attorneys' fees, expenses and costs incurred by Releasees in responding to such action, including, but not limited to, any consequential damages that Releasees, or any of them, may suffer or incur. Consultant further represents that he will not aid, abet or assist in any manner whatsoever any other third party in filing, pursuing or maintaining any lawsuit, complaint, or charge against any of the Releasees, except if compelled to do so by valid legal process or if otherwise required to do so by law. The provisions of this Paragraph 11 shall be inapplicable in any matters regarding the ADEA, should Consultant allege in good faith that the waiver herein of his right to file an ADEA claim was not knowing and voluntary.
Appears in 3 contracts
Samples: Consulting and Severance Agreement (National Patent Development Corp), Consulting and Severance Agreement (Five Star Products Inc), Consulting and Severance Agreement (National Patent Development Corp)
No Suits. Consultant represents and warrants that he she has never commenced or filed and covenants and agrees never to commence, file or in any way prosecute or cause to be commenced or prosecuted against the Releasees or any of them, any action, charge, complaint or other proceedings, whether administrative, judicial, legislative or otherwise, including, but not limited to, any action or proceeding for damages, attorney's fees, disbursements, costs or equitable relief based upon or seeking relief on account of actions or failures to act by the Releasees which may have occurred or failed to occur prior to the Effective Date, other than in connection with Unreleased Claims. Consultant agrees that in the event he she files any charge, complaint or commences any litigation of any kind that is covered by this Agreement, he she shall pay all of the reasonable attorneys' fees, expenses and costs incurred by Releasees in responding to such action, including, but not limited to, any consequential damages that Releasees, or any of them, may suffer or incur. Consultant further represents that he she will not aid, abet or assist in any manner whatsoever any other third party in filing, pursuing or maintaining any lawsuit, complaint, or charge against any of the Releasees, except if compelled to do so by valid legal process or if otherwise required to do so by law. The provisions of this Paragraph 11 shall be inapplicable in any matters regarding the ADEA, should Consultant allege in good faith that the waiver herein of his her right to file an ADEA claim was not knowing and voluntary.
Appears in 1 contract
Samples: Consulting and Severance Agreement (Five Star Products Inc)
No Suits. Consultant represents and warrants that he has never commenced or filed and covenants and agrees never to commence, file or in any way prosecute or cause to be commenced or prosecuted against the Releasees or any of them, any action, charge, complaint or other proceedings, whether administrative, judicial, legislative or otherwise, including, but not limited to, any action or proceeding for damages, attorney's fees, disbursements, costs or equitable relief based upon or seeking relief on account of actions or failures to act by the Releasees which may have occurred or failed to occur prior to the Effective Date, other than in connection with Unreleased Claims. Consultant agrees that in the event he files any charge, complaint or commences any litigation of any kind that is covered by this Agreement, he shall pay all of the reasonable attorneys' fees, expenses and costs incurred by Releasees in responding to such action, including, but not limited to, any consequential damages that Releasees, or any of them, may suffer or incur. Consultant further represents that he will not aid, abet or assist in any manner whatsoever any other third party in filing, pursuing or maintaining any lawsuit, complaint, or charge against any of the Releasees, except if compelled to do so by valid legal process or if otherwise required to do so by law. The provisions of this Paragraph 11 10 shall be inapplicable in any matters regarding the ADEA, should Consultant allege in good faith that the waiver herein of his right to file an ADEA claim was not knowing and voluntary.
Appears in 1 contract
Samples: Consulting and Severance Agreement (Five Star Products Inc)