Common use of RIGHTS NOT WAIVED Clause in Contracts

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

Appears in 2 contracts

Samples: Release and Severance Agreement (Lexicon Pharmaceuticals, Inc.), Release and Severance Agreement (Lexicon Pharmaceuticals, Inc.)

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RIGHTS NOT WAIVED. Employee represents that he/she he has not filed any charges, complaints, or other proceedings against the Company or any of the other Released Parties that are presently pending with any federal, state, or local court or administrative or governmental agency. Notwithstanding Employee’s general this release of liability, nothing in this Agreement should be construed as requiring a waiver of any rights guaranteed by law; and nothing in this Release Agreement prevents Employee from: 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; agency or participating in any investigation or proceeding conducted by the EEOC, NLRB, or comparable state or local agency; or otherwise participating in protected concerted activity. Howeverhowever, 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 Release 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, disclosures and is not required to notify Employer the Company that he/she he has made any such SEC report or disclosure. HOU:3938429.1.

Appears in 1 contract

Samples: Separation and Release Agreement (Tetra Technologies Inc)

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RIGHTS NOT WAIVED. Employee represents that he/she he has not filed any charges, complaints, or other proceedings against the Company or any of the Released Parties that are presently pending with any federal, state, or local court or administrative or governmental agency. Notwithstanding Employee’s general this release TRANSITION AGREEMENT AND RELEASE – XXXXXX X. XXXXX of liability, nothing in this Agreement should be construed as requiring a waiver of does not waive, release or discharge: (i) any rights guaranteed right to file an administrative charge or complaint with, or testify, assist or participate in an investigation, hearing, or proceeding conducted by law; and nothing in this Agreement prevents Employee from: filing any non-legally waivable claim the Equal Employment Opportunity Commission (including a challenge to the validity of this Agreement) with the EEOC”), National Labor Relations Board (“NLRB”), the Texas Workforce Commission 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. Howeverhowever, 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 EEOCfiled charge or administrative complaint; (ii) claims that cannot be waived by law, NLRBsuch as claims for unemployment benefit rights and workers’ compensation; (iii) claims for indemnity under any indemnification agreement with the Company or under its organizational documents, or comparable as provided by applicable 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 under any applicable insurance policy with respect to any government agency Employee’s liability as an employee, director or entity, making other disclosures that are protected under whistleblower provisions officer of law, the Company or receiving its affiliates; (iv) claims Employee may have as an employee participating in the Company’s qualified retirement plan; and (v) Employee’s right to receive 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, disclosures and is not required to notify Employer the Company that he/she he has made any such SEC report or disclosure. HOU:3938429.1.

Appears in 1 contract

Samples: Transition Agreement and Release (IES Holdings, Inc.)

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