Promise Not To Sue a. Executive agrees and covenants not to file, initiate, or join any lawsuit (individually, with others, or as part of a class), in any forum, pleading, raising, or asserting any claim(s) barred or released by this Agreement. If Executive does so, and the action is found to be barred in whole or in part by this Agreement, Executive agrees to pay the attorneys’ fees and costs, or the proportions thereof, incurred by the applicable Releasees in defending against those claims that are found to be barred by this Agreement. While this Agreement will serve to release any ADEA claims, the attorneys’ fees/cost shifting provision set forth in this paragraph will not apply to any claims challenging the validity of the release contained in this Agreement under the ADEA.
b. Notwithstanding any of the foregoing to the contrary, nothing in this Agreement or otherwise shall prohibit Executive from (a) reporting possible violations of federal law or regulation to any governmental agency or entity or self-regulatory organization (including but not limited to the Department of Justice, the Securities and Exchange Commission, Congress and any agency Inspector General), or making other disclosures that are protected under the whistleblower provisions of federal law or regulations (it being understood that Executive does not need the prior authorization of OraSure to make any such reports or disclosures or to notify OraSure that Executive has made such reports or disclosures), or (b) providing truthful testimony or statements to the extent, but only to the extent, required by applicable law, rule, regulation, legal process or by any court, arbitrator, mediator or administrative, regulatory, judicial or legislative body (including any committee thereof) with apparent jurisdiction (provided, however, that in such event, except as set forth in the foregoing clause (a) above, Executive will give OraSure prompt written notice thereof prior to such disclosure so that OraSure may seek appropriate protection for such information). However, Executive acknowledges and agrees that Executive shall not seek or accept and waives any rights to any relief obtained on Executive’s behalf in any proceeding by any government agency (including the Equal Employment Opportunity Commission), private party, class, or otherwise with respect to any claims covered by the release in Section 2 of this Agreement.
Promise Not To Sue. A “promise not to sue” means you promise not to sue any Releasee in court. This is different from the General Release above. Besides releasing claims covered by that General Release, you agree never to sue any Releasee for any reason covered by that General Release. Despite this Promise Not To Xxx, however, you may file suit to enforce this Agreement or to challenge its validity under the ADEA. If you sue a Releasee in violation of this Agreement: (i) you shall be required to pay that Releasee’s reasonable attorney fees and other litigation costs incurred in defending against your suit; or alternatively (ii) the Company can require you to return all but $100.00 of the money and benefits provided to you under this Agreement. In that event, the Company shall be excused from any remaining obligations that exist solely because of this Agreement.
Promise Not To Sue. Xxployee represents that Employee has not heretofore filed any charges or complaints against the Company with any federal, state or local governmental agencies. Employee further agrees that Employee will not file any charges or complaints against the Company based on Employee's employment with the Company or the severance therefrom. In consideration of the promises made by the Company in this Agreement, Employee promises and agrees never to voluntarily join in, or commence any action, or proceeding on behalf of himself; or any other person, or entity before any court, administrative agency, or other forum against the Company, pertaining in any way to or arising out of his employment or association with the Company, his resignation or employment, or any other event that occurs on or before the Resignation Date, except as may be necessary to enforce: (a) this Agreement; (b) Employee's rights under state worker's compensation laws (for occupational illness or injury only) or unemployment compensation laws; or (c) Employee's rights under the Company's medical or dental benefit plans. Further, Employee agrees to withdraw with prejudice any previously filed charges or suits arising out of his employment or association with or resignation and termination from the Company. Employee further agrees not to actively or materially encourage or aid any person in contemplating, filing, or prosecuting any action or proceeding against the Company in any way related to matters that occur during the course of Employee's employment or association with the Company prior to the Resignation Date, except to the extent the Employee is required to do so by Court, regulatory agency or similar order. The Company represents that it has not heretofore filed any charges or complaints against Employee with any federal, state or local governmental agencies. The Company further agrees that it will not file any charges or complaints against Employee based on Employee's employment with the Company or the severance therefrom. In consideration of the promises made by Employee in this Agreement, the Company promises and agrees never to voluntarily join in, or commence any action, or proceeding on behalf of itself; or any other person, or entity before any court, administrative agency, or other forum against Employee, pertaining in any way to or arising out of Employee's employment or association with the Company, his resignation or employment, or any other event that occurs on or before the Res...
Promise Not To Sue. Xxployee represents that Employee, and to Employee's knowledge Employee's affiliates, partners, attorneys, accountants, trustees, heirs, agents, servants and representatives (or anyone claiming through any such individuals), have not heretofore filed any charges or complaints against CT, their respective parents, subsidiaries, affiliates, divisions, partners, shareholders,
Promise Not To Sue. Executive, for himself and the other Releasing Parties, promises not to sue or initiate against Employer or any Released Party any mediation, arbitration, or judicial proceeding, or to participate in same, individually or as a member of a class, in which Executive, any other Releasing Party, or any representative of Executive or any other Releasing Party asserts against Employer or any other Released Party any Claim based on alleged breach of contract, tort, or violation of any law or regulation, whether federal, state, or local, pertaining in any manner to Executive’s employment by Employer or the termination of the employment relationship other than in respect of Claims that are expressly not released under paragraph II.4.
Promise Not To Sue. You and the Company agree that neither you nor it will ever, indxxxdually or with or through any other person or entity, commence, aid in any way (except as required by legal process) or prosecute, or cause or permit to be commenced or prosecuted, any action or other proceeding based on any claim that is the subject of this Agreement.
Promise Not To Sue. A “promise not to sue” means Executive promises not to sue the Company or any Molson Coors Released Parties, as defined in Section 5 below, in court. This is different from the General Release above. Besides releasing claims covered by that General Release, Executive agrees never to sue the Company or any Molson Coors Released Parties for any reason covered by that General Release. Executive shall not institute nor be represented as a party in any lawsuit, claim, complaint or other proceeding against or involving the Company or any Molson Coors Released Parties based on Executive’s employment with or provision of services to the Company or upon any act or omission occurring up to and including the date this Agreement is fully executed whether as an individual or class action, under any federal, state or local laws, rules, regulations or any other basis. Further, Executive shall not seek or accept any award or settlement from any such source or proceeding (not including unemployment insurance proceedings). In the event that Executive institutes, is a knowing participant, or is a willing member of a class that institutes any such action, Executive’s claims shall be dismissed or class membership terminated with prejudice immediately upon presentation of this Agreement. If Executive sues the Company or any Molson Coors Released Parties in violation of this Agreement, Executive shall be required to pay that party’s reasonable attorney fees and other litigation costs incurred in defending against Executive’s suit. In that event, the Company shall be excused from any remaining obligations that exist solely because of this Agreement and may terminate the Consulting Agreement immediately for cause, without any penalties or breach thereunder.
Promise Not To Sue. A “promise not to sue” means you promise not to sue any Releasee in court. This is different from the General Release above. Besides releasing claims covered by the General Release, you agree never to sue any Releasee for any reason covered by the General Release. Despite this Promise Not To Xxx, however, you may file suit to enforce this Agreement or to challenge its validity under the ADEA. If you sue a Releasee in violation of this Agreement you shall be required to pay that Releasee’s reasonable attorney fees and other litigation costs incurred in defending against your suit.
Promise Not To Sue. Xxployee represents that Employee, and to Employee's knowledge Employee's affiliates, partners, attorneys, accountants, trustees agents, servants and representatives, have not heretofore filed any charges or complaints against the Company, their respective parents, subsidiaries, affiliates, divisions, partners, shareholders, officers, directors, attorneys, accountants, trustees, agents, servants, employees or representatives, with any federal, state or local governmental agencies. Employee agrees, in consideration of the promises made by the Company in this Agreement, that Employee will not file or cause to be filed, either directly or indirectly, any charges, causes of action, complaints, or claims against the Company, their respective parents, subsidiaries, affiliates, divisions, partners, shareholders, officers, directors, attorneys, accountants, trustees, agents, servants, employees or representatives, based on Employee's employment or association with the Company or Employee's severance therefrom (other than based on a breach of this Agreement). In consideration of the promises made by the Company in this Agreement, Employee further promises and agrees never to voluntarily join in, or commence any action, or proceeding on behalf of himself, or any other person, or entity before any court, administrative agency, or other forum against the Company, pertaining in any way to or arising out of his employment or association with the Company, his resignation or employment, or any other event that occurs on or before the Resignation Date, except as may be necessary to enforce: (a) this Agreement; (b) Employee's rights under state worker's compensation laws (for occupational illness or injury only) or unemployment compensation laws; or (c) Employee's rights under the Company's medical or dental benefit plans. Further, Employee agrees to withdraw with prejudice any previously filed charges or suits arising out of his employment or association with or resignation from the Company. Employee further agrees not to actively or materially encourage or aid any person in contemplating, filing, or prosecuting any action or proceeding against the Company in any way related to matters that occur during the course of Employee's employment or association with the Company prior to the Resignation Date, except to the extent the Employee is required to do so by court, regulatory agency or similar order. The Company represents that it, and to the Company's knowledge their respe...
Promise Not To Sue. Indemnity and Hold Harmless. Participant hereby agrees, promises, represents and warrants to Interest Group/Club and to Sun City Carolina Lakes Community Association, together with their respective officers, directors, agents, employees, heirs, personal representatives and assigns (all aforementioned persons and entities, collectively, “Released Parties”), on behalf of Participant and any person who could claim by or through Participant, that Participant will not sue or bring any claim or complaint against Released Parties of any kind with regard to any damage, injury (including death), illness and/or property loss, arising from or related to Participant’s participation in Interest Group /Club activities and events. Participant also agrees to indemnify, defend, and hold harmless Released Parties, from all costs and expenses, including their reasonable attorneys’ fees and other costs and expenses, from any claims arising from Participant’s participation in Interest Group/Club activities or events.
