Common use of Representation Concerning Filing of Legal Actions Clause in Contracts

Representation Concerning Filing of Legal Actions. Employee represents that, as of the date of this Agreement, Employee has not filed any lawsuits, complaints, petitions, claims or other accusatory pleadings against the Company or any of the other Company Released Parties in any court of law. Employee further agrees that, to the fullest extent permitted by law, Employee will not prosecute in any court, whether state or federal, any claim or demand of any type related to the matters released above, it being the intention of the parties that with the execution of this release, the Company Released Parties will be absolutely, unconditionally and forever discharged of and from all obligations to or on behalf of Employee related in any way to the matters discharged herein. Employee also agrees that Employee will not voluntarily participate in, be a witness in, be a party to, or otherwise voluntarily become involved in any claims, potential claim or litigation against Employer or Company Released Parties. Employee further agrees that Employee will not voluntarily assist or encourage in any manner whatsoever any person, party, or litigant, in any claim, potential claim or action, against Employer or Company Released Parties to the fullest extent permitted by law. This provision is not intended to prevent or restrict Employee from responding to a legally-issued subpoena from a court of competent jurisdiction.

Representation Concerning Filing of Legal Actions. Employee represents that, with the exception of any claims Employee is prohibited by statute or court order from disclosing, as of the date of this Agreement, Employee has not filed any lawsuits, complaints, petitions, claims or other accusatory pleadings against the Company or any of the other Company Released Parties in any court of lawcourt. Employee further agrees that, to the fullest extent permitted by law, Employee will not prosecute in any court, whether state or federal, any claim or demand of any type related to the matters released above, it being the intention of the parties that with the execution of this release, the Company Released Parties will be absolutely, unconditionally and forever discharged of and from all obligations to or on behalf of Employee related in any way to the matters discharged herein. Employee also agrees that Employee will not voluntarily participate in, be a witness in, be a party to, or otherwise voluntarily become involved involve himself in any claims, potential claim or litigation against Employer or Company Released Parties. Employee further agrees that Employee will not voluntarily assist or encourage in any manner whatsoever any person, party, or litigant, in any claim, potential claim or action, against Employer or Company Released Parties to the fullest extent permitted by lawParties. This provision is will not intended to prevent or restrict Employee from responding to a legally-legally issued subpoena from subpoena, responding to inquiries from, or providing information to, a court of competent jurisdictiongovernment or law enforcement agency.

Representation Concerning Filing of Legal Actions. Employee represents The Parties represent that, as of the date of they sign this Agreement, Employee has not filed any they have no pending lawsuits, complaints, petitions, claims or other accusatory pleadings against the Company other or any of the other Company Released Parties in any court of lawlaw (excluding any actions disclosure of which is prohibited by court order). Employee The Parties represent that they have not assigned and will not assign their respective interest in any of the Released Claims they may have against the other or any of the Released Parties to anyone. The Parties further agrees agree that, to the fullest extent permitted by law, Employee they will not prosecute in any court, whether state or federal, any claim Released Claim or demand of any type related to the matters released aboveReleased Claims, it being the intention of the parties Parties that with the execution of this releaseAgreement, the Company Released Parties will be absolutely, unconditionally and forever discharged of and from all obligations to or on behalf of Employee the other related in any way to the matters discharged hereinReleased Claims. The Parties represent and warrant to the extent permitted by applicable law, that they are not a plaintiff or party to any suit, arbitration, action or administrative proceeding in which any Released Party is a party. Employee also agrees further represents and warrants that Employee he has reported to the members of the Company’s Board of Directors any and all work-related injuries that he has sustained during his employment with the Company. 4.1 The Parties agree that they will not voluntarily participate in, be a witness in, be a party to, or otherwise voluntarily become involved in any claims, potential claim or litigation against Employer the other or Company the respective Released PartiesParties except for the Excluded Claims or as otherwise expressly provided herein. Employee The Parties further agrees agree that Employee they will not voluntarily assist or encourage in any manner whatsoever any person, party, or litigant, in any claim, potential claim or action, action against Employer the other or Company the respective Released Parties to except for the fullest extent permitted by law. This Excluded Claims or as otherwise expressly provided herein. 4.2 Nothing in this paragraph nor any other provision of this Agreement is not intended to prevent prevent, interfere or restrict Employee Parties from responding to a legally-legally issued subpoena from a court of competent jurisdictionjurisdiction or from participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”), the Department of Fair Employment and Housing (“DFEH”) or other federal or equivalent state or local agency proceeding in which a person’s voluntary participation is protected by law, provided, however, that nothing in the paragraph limits or affects the finality or scope of the releases provided in this Agreement. Employee remains free to file a charge with the EEOC, DFEH or other similar state, federal or local government enforcement agency. Should Parties be served with a subpoena relating to any of the Released Parties, the Parties agree to promptly notify the other or the respective Released Party in writing of the subpoena and provide the Released Party with a copy of the subpoena no later than ten days prior to providing testimony or producing any documents in compliance with the subpoena.

Representation Concerning Filing of Legal Actions. Employee represents that, as of the date of Employee signs this Agreement, Employee has not filed any lawsuits, complaints, petitions, claims or other accusatory pleadings against the Company or any of the other Company Released Parties in any court (excluding any actions disclosure of lawwhich is prohibited by court order). Employee further represents that Employee has no pending administrative charges or complaints seeking personal relief against the Company or the other Released Parties, and that Employee has reported to the Company any and all work-related injuries that Employee has sustained during Employee’s employment with the Company. Employee further agrees that, to the fullest extent permitted by law, Employee will not prosecute in any court, whether state or federal, any claim or demand of any type related to the matters released above, it being the intention of the parties that with the execution of this release, the Company Released Parties will be absolutely, unconditionally and forever discharged of and from all obligations to or on behalf of Employee related in any way to the matters discharged herein. Employee also agrees that Employee will not voluntarily participate in, be a witness in, be a party to, or otherwise voluntarily become involved in any claims, potential claim or litigation against Employer the Company or Company Released Parties. Employee further agrees that Employee will not voluntarily assist or encourage in any manner whatsoever any person, party, or litigant, in any claim, potential claim or action, against Employer the Company or Company Released Parties to the fullest extent permitted by lawParties. This Nothing in this paragraph nor any other provision of this Agreement is not intended to prevent or restrict Employee from responding to a legally-legally issued subpoena from a court of competent jurisdictionjurisdiction or from participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”), the Department of Fair Employment and Housing (“DFEH”) or other federal or equivalent state or local agency proceeding in which Employee’s voluntary participation is protected by law, provided, however, that nothing in the paragraph limits or affects the finality or scope of the releases provided in this Agreement. Should Employee be served with a subpoena relating to any of the Released Parties, Employee agrees to promptly notify the Released Party in writing of the subpoena and provide the Released Party with a copy of the subpoena no later than ten days prior to providing testimony or producing any documents in compliance with the subpoena.