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. 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. I PROMISE TO NOT SUE, and to INDEMNIFY, HOLD HARMLESS AND DEFEND Releasees for any claim of injury, damage or death which may result from my participating in the Activity, including any claims based on alleged NEGLIGENCE of Releasees. Should any claim or action be asserted in contravention to this agreement, I or my successor shall be liable for all expenses, INCLUDING LEGAL FEES incurred by Releasees, and that if a claim or action is brought, it shall be submitted to the jurisdiction of the State or Federal Court in the State of Maine, and no other jurisdiction, and shall be governed by the laws of the State of Maine.
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.
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. Employee represents that Employee has not filed any complaints, charges, or lawsuits against the Company or Releasees with any governmental agency or any court. Employee agrees that Employee will not initiate or encourage any such actions (in civil court, arbitration, or otherwise), regarding the claims released under this Agreement, whether on Employee’s own behalf or in a representative capacity, and will not participate in any such action, whether individually or as a member of a class or other collective mechanism with respect to any released claims (including, but not limited to, claims pursuant to California Business & Professions Code Section 17200 or any unfair competition law of any jurisdiction), and warrants and represents that Employee will take all steps necessary to ensure that Employee is not a member of a class or collective with respect to such claim. Nothing in this Agreement prohibits Employee from providing truthful information (including Confidential Information) or testimony to a governmental, judicial, regulatory, legislative, and/or administrative entity or agency or court, or to third parties, such as when acting as a witness or participating in a legal investigation. Nothing in this Agreement prevents Employee from filing a charge or complaint with, maintaining the confidentiality of, or from participating in or assisting with, an investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, or any other federal, state, or local agency charged with the enforcement of any laws. By entering into this Agreement, however, Employee is waiving rights to individual relief based on claims asserted in such a charge or complaint. This waiver does not apply if it is otherwise prohibited by law, including whistleblower awards under Section 21F of the Securities Exchange Act. Notwithstanding the foregoing, Employee agrees to waive the right to receive future monetary recovery directly from the Company, other than as set forth in this Agreement. This waiver includes Company payments that result from any complaints or charges that Employee files with any governmental agency or that are filed on Employee’s behalf.
Promise Not To Sue. You represent that you have not filed any complaints, charges, xx lawsuits against us, including Associated Persons, and agree that you will not do so at any time hereafter for Claims released herein, except as may be necessary to enforce your rights pursuant to this Agreement.
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. 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. 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.
