Promise Not to Prosecute. The parties agree that they will not prosecute, nor allow to be prosecuted on their behalf, in any administrative agency, whether state or federal or in any court, whether state or federal, any claim or demand of any type related to the matters released above, it being the intention of the parties that with the execution of this release, XXXXXXX and the Released Parties will be absolutely, unconditionally and forever discharged of and from all obligations to the other party related in any way to the matters discharged herein.
Promise Not to Prosecute. The parties agree that they will not prosecute or allow to be prosecuted on their behalf, in any court, whether state or federal, any claim or demand of any type related to the matters released above, it being the intention of the parties that with the execution of this Agreement, except for the payments and benefits described in this Agreement, the released parties will be absolutely, unconditionally and forever discharged of and from all obligations as set forth above. The parties agree that in the event any released claim is instituted, this Agreement shall constitute an affirmative defense to such claim sufficient to warrant the immediate dismissal, with prejudice, of such claim.
Promise Not to Prosecute. Consultant and the Company further agree that they shall not, at any time hereafter, commence, maintain or prosecute any action, suit, proceeding, investigation, complaint, claim, grievance or charge with any court, administrative agency, arbitrator or any other body or person, whether Federal, State, contractual or otherwise, or aid or assist others in prosecuting such action, suit, proceeding, investigation, complaint, claim, grievance or charge on their behalf, except in response to governmental agency or court inquiries or as compelled by legal process, against the other, or any of them, based in whole or in part upon, or arising out of or in an way connected with, any of the claims released or any of the matters referred to in this Agreement. Consultant and the Company further agree to indemnify each other and hold the other Party harmless from and against any and all claims, demands, causes of action, damages or liability of any kind, including the cost of defense and reasonable attorneys’ fees arising out of or in connection with, any action, suit, proceeding, investigation, complaint, claim, grievance or charge commenced, maintained, or prosecuted by them contrary to the terms of this Agreement.
Promise Not to Prosecute. DX. XXXXX agrees that he will not prosecute or allow to be prosecuted on his behalf, in any court or other forum, whether state or federal, any claim or demand of any type related to the matters released above, it being the intention of the parties that with the execution of this Agreement, except for the payments and benefits described in this Agreement, GEN-PROBE will be absolutely, unconditionally and forever discharged of and from all obligations to or on behalf of DX. XXXXX and his successors. DX. XXXXX agrees that in the event any released Claim is instituted by him or on his behalf, this Agreement shall constitute an affirmative defense to such Claim sufficient to warrant the immediate dismissal, with prejudice, of such Claim.
Promise Not to Prosecute. The Parties agree that they shall not, at any time hereafter, commence, maintain or prosecute any action, suit, proceeding, investigation, complaint, claim, grievance or charge with any court, administrative agency, arbitrator or any other body or person, whether Federal, State, contractual or otherwise, or participate, aid or assist others in prosecuting any such action, suit, proceeding, investigation, complaint, claim, grievance or charge on their behalf, except as compelled by legal process, against the Parties, their parents, predecessors, successors, subsidiaries, affiliates, and assigns, based in whole or in part upon, or arising out of or in an way connected with any of the Released Claims. The Parties further agree to indemnify and hold each other harmless from and against any and all claims, demands, causes of action, damages or liability of any kind, including the cost of defense and reasonable attorneys’ fees arising out of or in connection with, any action, suit, proceeding, investigation, complaint, claim, grievance or charge commenced, maintained, or prosecuted by such Party contrary to the terms of this Agreement.
Promise Not to Prosecute. Xxxxxxxxxxx agrees that he will not prosecute, nor allow to be prosecuted on his behalf, in any administrative agency, whether state or federal, or in any court, whether state or federal, any claim or demand of any type related to the matters released in this Agreement.
Promise Not to Prosecute. The parties to this Agreement, for themselves, their heirs, successors and assigns, agree that they will not prosecute or allow to be prosecuted on their behalf, in any administrative agency or court, whether state or federal, any claim or demand of any type related to the matters released above. It is the intention of the parties that with the execution of this Agreement, the Company and its officers, directors, employees (past or present), agents, successors or assigns, and all subsidiary and affiliated corporations will be absolutely, unconditionally and forever discharged of and from all obligations to or on behalf of Xxxxxx related in any way to the matters discharged herein.
Promise Not to Prosecute. Each of the parties hereto agrees that it will never individually, collectively, or in conjunction with any other person or entity, prosecute or allow to be prosecuted on its behalf, or in any way commence, assist or aid, except as required by due legal process, any lawsuit, charge or proceeding, in any administrative agency, arbitration or court, whether state or federal, or any claim or demand of any type related to any matter which has been released by it or him as provided above, it being the intention of the parties that with the execution of this Agreement, and upon compliance with the terms hereof, the released parties, persons, and entities will be absolutely, unconditionally and forever discharged of and from all obligations related in anyway to the matters discharged and released herein. The parties hereto each further agrees that should it prosecute or cause to be prosecuted any claim which has been released by it pursuant to this Agreement, then any party against whom such claim is asserted may raise all claims and defenses originally available to it or him, notwithstanding the release executed herein. In the event of any breach of this section, the aggrieved party or parties shall be entitled to recover from the breaching party or parties not only the amount of any judgment which may be awarded against the breaching party or parties, but also such other damages, costs, and expenses as may be incurred by the aggrieved party or parties, or any of them, including attorneys’ fees and expenses in defending against or seeking to stop any lawsuit or proceeding brought in violation of this promise not to xxx.
Promise Not to Prosecute. The Parties promise and covenant not to file a lawsuit or arbitration proceeding based on any Released Claims. If either Party breaks this promise or fails to comply with its obligations under the Agreement, the prevailing party in any enforcement action shall pay all of the non- prevailing party’s costs and expenses (including reasonable attorneys’ fees) related to the defense of any Released Claims, or any Releasee’s efforts to enforce the terms of this Agreement, except this covenant not to sue does not apply to claims challenging the knowing and voluntary nature of the Release that Executive may have under the OWBPA and the ADEA. Although Executive is releasing claims that he may have under the ADEA, he may challenge the knowing and voluntary nature of the Release before a court, the Equal Employment Opportunity Commission (“EEOC”) or any other federal, state, or local agency charged with the enforcement of any employment laws. Executive understands, however, that if Executive pursues a claim against the Company under the OWBPA and/or the ADEA to challenge the validity of this Agreement and the Company prevails on the merits of an ADEA claim, or a Releasee files a lawsuit or arbitration to enforce any part of this Agreement, a court or arbitrator has the discretion to determine whether the Company or any other Releasee is entitled to restitution, recoupment, or set off (“Reduction”) against a monetary award obtained by Executive in the court proceeding or arbitration. A Reduction never can exceed the amount Executive recovers, or the consideration Executive received for signing this Agreement, whichever is less.
Promise Not to Prosecute. Xxxxx agrees that he will not prosecute, nor allow to be prosecuted on his behalf, in any administrative agency, whether state or federal, or in any court, whether state or federal, any claim or demand of any type related to the matters released above, it being the intention of the parties that with the execution of this release, Anacomp (as defined expansively above) will be absolutely, unconditionally and forever discharged of and from all obligations to or on behalf of Xxxxx related in any way to the matters discharged herein.
