Pursuit of Claims. The parties shall co-operate in the pursuit of any claims under the Insurances. In pursuing any such claims, the parties shall take account of each others interests but, if there is any material disagreement between the parties in respect of how any such claim shall be pursued, the interests of Sublessor shall be paramount.
Pursuit of Claims. Executive acknowledges that he has not filed, initiated, or prosecuted (or caused to be filed, initiated, or prosecuted) any lawsuit, complaint, charge, action, compliance review, investigation, or proceeding with respect to any claim this Agreement purports to waive, and promises never to do so in the future, whether as a named plaintiff, class member, or otherwise. If, unbeknownst to Executive, such a complaint, charge or lawsuit has been filed on his behalf, he will use his best efforts to cause it immediately to be withdrawn and dismissed with prejudice. However, the preceding sentences shall not preclude Executive from filing or prosecuting a charge with any administrative agency with respect to any such claim as long as he does not seek any damages, remedies, or other relief for himself personally, which Executive promises not to do, and any right to which Executive hereby waives. If Executive is ever awarded or recovers any amount as to a claim he has purported to waive in this Agreement, Executive agrees that the amount of the award or recovery shall be reduced by the amounts he was paid under this Agreement. To the extent such a setoff is not affected, Executive promises to pay, or assign to Company his right to receive, the amount that should have been set off. If Executive does bring a claim this Agreement purports to waive, Executive agrees to immediately return the amount paid under this release increased appropriately for the time value of money, using an interest rate of 10 percent per annum.
Pursuit of Claims. Except as specifically identified above my signature at the end of this Agreement, I have not filed, initiated, or prosecuted (or caused to be filed, initiated, or prosecuted) any lawsuit, complaint, charge, action, compliance review, investigation, or proceeding with respect to any Claim this Agreement purports to waive, and I promise never to do so in the future, whether as a named plaintiff, class member, or otherwise. I promise to request any administrative agency or other body assuming jurisdiction of any such lawsuit, etc. to withdraw from the matter or dismiss it with prejudice. However, the two preceding sentences shall not preclude me from filing or prosecuting a charge with any administrative agency with respect to any such Claim as long as I do not seek any damages, remedies, or other relief for myself personally, which I promise not to do, and any right to which I hereby waive. If I am ever awarded or recover any amount as to a Claim I have purported to waive in this Agreement, I agree that the amount of the award or recovery shall be reduced by the amounts I was paid under this Agreement, increased appropriately for the time value of money, using an interest rate of 8 percent per annum. To the extent such a setoff is not effected, I promise to pay, or assign to Semtech my right to receive, Initialed Employee Company A5 the amount that should have been set off. I promise never directly or indirectly to bring or participate in an action against any Released Party under California Business & Professions Code Section 17200 or under any other unfair competition law of any jurisdiction. This subsection shall not prohibit me from challenging the validity of the ADEA Causes of Action released in Section 3(a) of this Agreement.
Pursuit of Claims. Any breach of any representation or warranty as to which a bona fide claim for indemnification has not been asserted in accordance with Section 9.3 hereof during the applicable survival period set forth in Section 8.1 hereof may not be pursued and is hereby irrevocably waived, except that if a claim for indemnification is made in accordance with Section 9.3 hereof before the expiration of the applicable survival period set forth in Section 8.1 hereof, then (notwithstanding such survival period) the representation or warranty applicable to such claim shall survive until, but only for purposes of, the resolution of such claim.
Pursuit of Claims. Employee acknowledges that she has not filed, initiated, or prosecuted (or caused to be filed, initiated, or prosecuted) any lawsuit, complaint, charge, action, compliance review, investigation, or proceeding with respect to any claim this Release purports to waive, and promises never to do so in the future, whether as a named plaintiff, class member, or otherwise. However, the preceding sentence shall not preclude Employee from filing or prosecuting a charge with any administrative agency with respect to any such claim as long as she does not seek any damages, remedies, or other relief for herself personally, which Employee promises not to do, and any right to which Employee hereby waives. If Employee is ever awarded or recovers any amount as to a claim she has purported to waive in this Release, Employee agrees that the amount of the award or recovery shall be reduced by the amounts she was paid under this Release, increased appropriately for the time value of money, using an interest rate of 10 percent per annum. To the extent such a setoff is not effected, Employee promises to pay, or assign to the Company her right to receive, the amount that should have been set off.
Pursuit of Claims. Notwithstanding the foregoing, any representation, warranty, or agreement as to which a bona-fide claim for indemnification has been asserted in accordance with Section 10 hereof during the applicable survival period set forth in Section 9.1 or 9.2 hereof will (with respect to such claim) survive, and such claim may be pursued, beyond the expiration of such survival period until such claim is resolved by final, nonappealable judgment or by settlement.
Pursuit of Claims. Executive has not filed, initiated or prosecuted (or caused to be filed, initiated or prosecuted), and shall not file, initiate or prosecute (or cause to be filed, initiated or prosecuted), any lawsuit, complaint, charge, action, investigation or proceeding with respect to any Released Claim, whether as a named plaintiff, class member or otherwise.
Pursuit of Claims. With respect to any dispute that is not resolved by the Parties as set forth above, except as expressly set forth in Section 16.4 and Section 16.5, each Party may pursue claims it has under applicable law, which may include filing suit in courts of competent jurisdiction.
Pursuit of Claims. The Company and its Affiliates shall not disclose any non-public information with respect to any Claims to any third parties except (a) to the Committee and its Advisors, (b) to Advisors of the Company and its Affiliates who are advised or are aware of the confidential nature of such information and the restrictions set forth in this Section 3.03 in respect of such non-public information, (c) to the extent such disclosure is required by, or pursuant to an agreement with, any Governmental Authority or applicable Law or (d) to the extent such information previously has become part of the public domain without breach of this Section 3.03 by the Company or any of its Affiliates.
Pursuit of Claims. Any breach of any representation or warranty as to which a bona fide claim for indemnification has been asserted in accordance with ARTICLE X hereof during the applicable survival period set forth in Section 9.1 hereof may be pursued beyond the expiration of such survival period until such claim is resolved by final, nonappealable judgment or by settlement.
