Common use of Promise Not To Sue Clause in Contracts

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. Employee Executive represents that Employee Executive has not filed any complaints, charges, or lawsuits against the Company or Releasees with any governmental agency or any court (excluding the Securities and Exchange Commission (“SEC”)) or any court. Employee For avoidance of doubt, this Section and Agreement do not require Executive to disclose or make any representation as to any prior communications or other dealings with the SEC, and nothing in this Section and Agreement prohibits Executive from communicating with or providing information to the SEC under Section 21F of the Securities Exchange Act. Executive agrees that Employee Executive will not initiate or encourage any such actions (in civil court, arbitration, or otherwise), regarding the claims released under this Agreement, whether on EmployeeExecutive’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 Executive will take all steps necessary to ensure that Employee Executive is not a member of a class or collective with respect to such claim. Nothing in this Agreement prohibits Employee Executive from providing truthful information (including Confidential Informationconfidential 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 Executive 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, the Securities and Exchange Commission or any other federal, state, or local agency charged with the enforcement of any laws. By entering into this Agreement, however, Employee Executive 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 Executive 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 Executive files with any governmental agency or that are filed on EmployeeExecutive’s behalf.

Promise Not To Sue. Employee represents that Employee has a. Executive agrees and covenants not filed any complaintsto file, chargesinitiate, or lawsuits 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 Company 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 Releasees with otherwise shall prohibit Executive from (a) reporting possible violations of federal law or regulation to any governmental agency or any court. Employee agrees that Employee will not initiate entity or encourage any such actions self-regulatory organization (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, including but not limited toto the Department of Justice, claims pursuant to California Business & Professions Code Section 17200 or the Securities and Exchange Commission, Congress and any unfair competition law of any jurisdictionagency Inspector General), and warrants and represents or making other disclosures that Employee will take all steps necessary 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 ensure make any such reports or disclosures or to notify OraSure that Employee is not a member of a class Executive has made such reports or collective with respect to such claim. Nothing in this Agreement prohibits Employee from disclosures), or (b) providing truthful information (including Confidential Information) testimony or testimony statements to a governmentalthe extent, judicialbut only to the extent, required by applicable law, rule, regulation, legal process or by any court, arbitrator, mediator or administrative, regulatory, legislativejudicial or legislative body (including any committee thereof) with apparent jurisdiction (provided, and/or administrative entity 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 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 (including the Equal Employment Opportunity Commission), the National Labor Relations Boardprivate party, class, or otherwise with respect to any other federal, state, or local agency charged with claims covered by the enforcement release in Section 2 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.