Common use of Xxxxxx Covenant Not to Xxx Clause in Contracts

Xxxxxx Covenant Not to Xxx. Except as otherwise expressly provided in Paragraph 1 of this Agreement, Employee agrees that Employee will not institute any claim for damages or other relief, nor authorize any other party, governmental or otherwise, to institute any claim for damages or other individual relief on Employee’s behalf, via legal or administrative proceedings, against the Company or any Company Released Party for any claims or claims released in Paragraph 1 of this Agreement. Employee further agrees to withdraw any charge, lawsuit or claim for damages or other relief that has or may have been filed before any local, state or federal agency or court relating in any way to the Company or a Company Released Party, except with respect to any rights or claims that are not waived pursuant to Paragraph 2. ​ Except as otherwise expressly provided in Paragraph 1 of this Agreement, the Company agrees that the Company and its affiliates will not institute any claim for damages or other relief, nor authorize any other party, governmental or otherwise, to institute any claim for damages or other individual relief on the Company’s behalf, via legal or administrative proceedings, against Employee or any of Employee’s agents, assigns, heirs, executors, and administrators for any claims or claims released in Paragraph 1 of this Agreement. The Company further agrees to withdraw any charge, lawsuit or claim for damages or other relief that has or may have been filed before any local, state or federal agency or court relating in any way to Employee or Employee’s agents, assigns, heirs, executors, and administrators. ​ ​ Nothing contained in this Agreement shall be construed to prevent Employee from filing a charge or complaint with, including a challenge to the validity of this Agreement, or participating or cooperating with any investigation conducted by, the National Labor Relations Board, the Equal Employment Opportunity Commission or any state or local antidiscrimination agency. However, other than as prohibited by applicable law (including with respect to any legally protected whistleblower rights), Employee expressly waives the right to monetary damages or other individual legal or equitable relief in relation to any such claim against the Company or its affiliates that is validly released by this Agreement, other than as prohibited by applicable law. Nothing in this Agreement shall be construed to prevent, limit or restrict Employee from exercising any legally protected whistleblower rights, including pursuant to Rule 21F under the Securities Exchange Act of 1934. ​