Common use of Pursuit of Claims Clause in Contracts

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.

Appears in 2 contracts

Samples: Stock Option Award Agreement (Semtech Corp), Stock Option Award Agreement (Semtech Corp)

AutoNDA by SimpleDocs

Pursuit of Claims. Except as specifically identified above my signature at the end of this Agreement, I have not Neither party hereto has 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 waiveclaim released in Section 5 or 6 (as applicable) hereof, and I promise each party hereto promises never to do so in the future, whether as a named plaintiff, class member, or otherwise. I promise Employee promises to request any administrative agency or other body assuming jurisdiction of any such lawsuitlawsuit on his behalf, etc. to withdraw from the matter or dismiss it with prejudice. However, the two preceding sentences shall not preclude me Employee from filing or prosecuting a charge with any administrative agency with respect to any such Claim as long as I do Employee does not seek any damages, remedies, or other relief for myself personally, recovery of which I promise has been released by virtue of this Agreement & Release. This Section 7(b) shall not to do, and any right to which I hereby waiveprohibit Employee from challenging the validity of the ADEA Claim release in Section 5(b) hereof. If I am Employee is ever awarded or recover recovers any amount as to a Claim I have Employee has purported to waive in this AgreementAgreement & Release, I agree Employee agrees that the amount of the award or recovery shall be reduced by the amounts I Employee was paid under this AgreementAgreement & Release, increased appropriately for the time value of money, using an interest rate of 8 ten percent (10%) per annum. To the extent such a setoff is not effected, I promise Employee promises to pay, or assign to Semtech my the Company his right to receive, Initialed Employee Company A5 the amount that should have been set off. I promise Employee promises 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.

Appears in 1 contract

Samples: Agreement (Gencorp Inc)

AutoNDA by SimpleDocs

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 Initialed Employee Company A5 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.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Semtech Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.