RIGHTS NOT WAIVED. The exercise of any right reserved to the District herein in a particular manner or the non-exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner at a different time.
RIGHTS NOT WAIVED. The waiver by either party hereto of any breach of this Agreement by the other party hereto shall not be deemed to be a waiver of any successive or other breach of this Agreement. Each and every right, power and remedy may be excused from time to time and so often and in such order as may be deemed expedient by the party, and the exercise of any such right, power or remedy shall not be deemed a waiver of the right to exercise at the same time or thereafter, any other right, power or remedy.
RIGHTS NOT WAIVED. The Executive represents that he has not filed any charges, complaints, or other proceedings against the Company or any of the Company Released Parties that are presently pending with any federal, state, or local court or administrative or governmental agency. Notwithstanding this release of liability, nothing in this Agreement prevents the Executive from filing any non-legally waivable claim (including a challenge to the validity of this Agreement) with the Equal Employment Opportunity Commission ("EEOC"), National Labor Relations Board ("NLRB"), or comparable state or local agency or participating in any investigation or proceeding conducted by the EEOC, NLRB, or comparable state or local agency; however, the Executive understands and agrees that the Executive is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOC, NLRB, or comparable state or local agency proceeding or subsequent legal actions. In addition, nothing in this Agreement prohibits the Executive from reporting possible violations of federal law or regulation to any government agency or entity, making other disclosures that are protected under whistleblower provisions of law, or receiving an award or monetary recovery pursuant to the Securities and Exchange Commission's whistleblower program. The Executive does not need prior authorization to make such reports or disclosures and is not required to notify the Company that he has made any such report or disclosure. Notwithstanding anything contained in this Agreement to the contrary, this Agreement does not constitute a release nor a waiver of any of the following claims: (i) claims pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended or similar state law; (ii) indemnification rights the Executive may have in accordance with the Company's governance instruments or under any director and officer liability insurance maintained by the Company with respect to liabilities arising as a result of the Executive's service as an officer, director, or employee of the Company; and (iii) claims the Executive may have as an employee participating in a Company-sponsored employee benefit plan qualified under Section 401(a) of the Internal Revenue Code of 1986, as amended.
RIGHTS NOT WAIVED. Employee represents that he/she has not filed any charges, complaints, or other proceedings against any Released Parties that are presently pending with any federal, state, or local court or administrative or governmental agency. Notwithstanding Employee’s general release of liability, nothing in this Agreement should be construed as requiring a waiver of any rights guaranteed by law; and nothing in this Agreement prevents Employee from: filing any non-legally waivable claim (including a challenge to the validity of this Agreement) with the EEOC, National Labor Relations Board (“NLRB”), or comparable state or local agency; participating in any investigation or proceeding conducted by the EEOC, NLRB, or comparable state or local agency; or otherwise participating in protected concerted activity. However, Employee understands and agrees that Employee is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOC, NLRB, or comparable state or local agency proceeding or subsequent legal actions. In addition, nothing in this Agreement prohibits Employee from reporting possible violations of federal law or regulation to any government agency or entity, making other disclosures that are protected under whistleblower provisions of law, or receiving an award or monetary recovery pursuant to the Securities and Exchange Commission’s (“SEC”) whistleblower program. Employee does not need Employer’s prior authorization to make such reports or disclosures, and is not required to notify Employer that he/she has made any such SEC report or disclosure. HOU:3938429.1
RIGHTS NOT WAIVED. No course of dealing between the Borrower and the Lender, nor any failure on the part of the Lender to complain of any action or non- action on the part of the Borrower, no matter how long the same may continue, shall ever be deemed to be a waiver by the Lender of any of its rights hereunder. Further, no waiver by the Lender at any time of any of the provisions hereof shall be construed as a waiver of any of the other provisions hereunder, or a waiver at any subsequent time of the same provision. The consent or approval by the Lender to or of any action by the Borrower requiring the Lender's consent or approval shall not waive or render unnecessary the Lender's consent or approval to or of any subsequent similar act by the Borrower.
RIGHTS NOT WAIVED. Nothing in this Bring-Down Release prevents Xxxxxx from filing any non-legally-waivable claim (including a challenge to the validity of this Bring-Down Release and/or the release of claims under the ADEA) with the Equal Employment Opportunity Commission (“EEOC”) or comparable state or local agency, or from participating in any investigation or proceeding conducted by any such agency; however, Xxxxxx understands and agrees that he is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such agency proceeding or subsequent legal actions to the maximum extent permitted by law. In addition, nothing in this Bring-Down Release prohibits or impedes Xxxxxx from reporting possible violations of law or regulation to any government agency or entity, making other disclosures that are protected under whistleblower provisions of law, or receiving an award or monetary recovery pursuant to the Securities and Exchange Commission’s whistleblower program. Xxxxxx does not need prior authorization to make such reports or disclosures and is not required to notify the Company that he has made any such report or disclosure.
RIGHTS NOT WAIVED. Notwithstanding the foregoing, this release specifically excludes the following:
(a) Executive’s rights, if any, to receive ERISA-covered benefits (e.g., pension or medical benefits) that are vested pursuant to a formally-adopted and properly- authorized written benefit plan.
(b) Claims, charges, complaints, causes of action or demands of whatever kind or nature that post-date this Agreement.
(c) Any rights and entitlements that cannot be waived as a matter of law, such as any workers’ compensation benefits and any unemployment compensation benefits.
(d) Executive’s right to (i) file any charges or participate in any investigations or proceedings conducted by the Equal Employment Opportunity Commission (EEOC), the Securities and Exchange Commission (SEC), the National Labor Relations Board (NLRB), the U.S. Department of Labor (DOL), or any other governmental agency, although Executive is waiving any and all right to recovery of any monetary award or individual relief as to all claims Executive is releasing in this Agreement, except for any right Executive may have to receive a payment from a government agency (and not the Company) for information provided to the government agency; or (ii) disclose instances of sexual harassment or sexual assault.
(e) Executive’s right and ability to (i) provide testimony, information or documents if legally compelled to do so, or (ii) communicate with or provide information or documents to the EEOC, SEC, NLRB, DOL or other governmental agency; however in all cases, Executive agrees to take all reasonable steps (such as redacting information or providing information under seal) to avoid any public disclosure of trade secret information or other confidential business information.
(f) Executive’s right to discuss or disclose conduct, or the existence of a settlement involving conduct, that Executive reasonably believed to be illegal discrimination, illegal harassment, illegal retaliation, a wage and hour violation, or sexual assault, or that is recognized as illegal under state, federal, or common law, or that is recognized as against a clear mandate of public policy, where the conduct occurred at the workplace, at work-related events coordinated by or through the employer, between employees, or between an employer and an employee, whether on or off the employment premises; provided, however, that Executive remains subject to Executive’s obligation to keep confidential the amount paid in settlement of any claim.
(g) Executive...
RIGHTS NOT WAIVED. Failure by either Client or Inpriva to insist upon compliance by the other party with the terms and conditions of this Agreement including any Service Addendum shall not constitute a waiver of any rights under this Agreement.
RIGHTS NOT WAIVED. Failure of either party to insist upon the strict and prompt performance of the terms, covenants, agreements and conditions herein contained, or any of them, shall not constitute or be construed as a waiver or relinquishment of such party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect.
RIGHTS NOT WAIVED. No failure by Signature to insist upon the strict performance of any term, covenant, agreement, provision, condition or limitation of this Permit or to exercise any right or remedy consequent upon a breach thereof, and no acceptance by Signature of full or partial rent during the continuance of any such breach or application of the security deposit in light of any breach, shall constitute a waiver of any such breach or of any such term, covenant, agreement, provision, condition, limitation, right or remedy. No term, covenant, agreement, provision, condition or limitation of this Permit to be kept, observed or performed by Signature or by Permittee, and no breach thereof, shall be waived, altered or modified except by a written instrument executed by Signature or by Permittee, as the case may be. No waiver of any breach shall affect or alter this Permit, but each and every term, covenant, agreement, provision, condition and limitation of this Permit shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.
