Grouped Into 16 Collections of Similar Clauses From Business Contracts
This page contains Covenant Not to Sue clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Covenant Not to Sue. Employee, for and on behalf of Employee and Employee's heirs, beneficiaries, executors, administrators, attorneys, successors, and assigns, represents and agrees that, except to the extent such right may not be waived by law, Employee has not and will not commence or cause to be commenced any legal action or lawsuit or otherwise assert or cause to be asserted any legal claim seeking relief for any claim released or waived under Paragraph 7, above. Employee agrees and represents that Employee wil...l not be a class or collective action representative against any of the Released Parties based on the claims released in this Agreement, nor will Employee allow any such causes of action to be brought on Employee's behalf. Except 4 as otherwise prohibited by applicable law, any lawsuit filed in violation of this Agreement by Employee, for and on behalf of Employee or Employee's heirs, beneficiaries, executors, administrators, attorneys, successors, or assigns shall automatically constitute a breach of this Agreement. Unless otherwise prohibited by applicable law, Employee hereby assigns to Employer the right to any and all monetary proceeds the Employee might be entitled to or receives as the result of any claim that may be filed by any person or entity against the Released Parties relating to the claims released in this Agreement.View More
Covenant Not to Sue. Employee, for and on behalf of Employee and Employee's heirs, beneficiaries, executors, administrators, attorneys, successors, and assigns, represents and agrees that, except to the extent such right may not be waived by law, Employee has not and will not commence or cause to be commenced any legal action or lawsuit or otherwise assert or cause to be asserted any legal claim seeking relief for any claim released or waived under Paragraph 7, above. Employee agrees and represents that Employee wil...l not be a class or collective action representative against any of the Released Parties based on the claims released in this Agreement, nor will Employee allow any such causes of action to be brought on Employee's behalf. Except 4 as otherwise prohibited by applicable law, any lawsuit filed in violation of this Agreement by Employee, for and on behalf of Employee or Employee's heirs, beneficiaries, executors, administrators, attorneys, successors, or assigns shall automatically constitute a breach of this Agreement. Unless otherwise prohibited by applicable law, Employee hereby assigns to Employer the right to any and all monetary proceeds the Employee might be entitled to or receives as the result of any claim that may be filed by any person or entity against the Released Parties relating to the claims released in this Agreement. 4 9. Entire Consideration. Employee agrees that the Final Pay in Paragraphs 1 - 3, benefits provided in Paragraph 4(b), and promises made in Paragraphs 5 and 6, above, (the "Consideration" for this Agreement) will be the entire Consideration provided to Employee under this Agreement, and that Employee will not seek any further remuneration from Employer for any other wages, damages, injuries, penalties, expenses, actions, attorneys' fees or costs either individually or as part of a class in connection with the matters encompassed by the Agreement. Both Employer and Employee agree that Employee is not otherwise entitled to the Consideration referenced in Paragraphs 1, 2, 3, 4, 5 and 6 of the Agreement and that it constitutes sufficient consideration for the promises and releases contained in this Agreement. View More
Covenant Not to Sue. Employee warrants that Employee has not filed any complaints, charges or claims for relief against the Company with any local, state or federal court or administrative agency that are currently outstanding. Employee further agrees and covenants not to sue, or to bring any claims or charges against, the Company with respect to any matter arising at the time of Employee's execution of this Agreement or covered by the release set forth in Paragraph 2 above, and not to assert against the Company in ...any action, suit, litigation or proceeding any matter arising before Employee's execution of this Agreement or covered by the release set forth in Paragraph 2 above. The Company further agrees and covenants not to sue, or to bring any claims or charges against, the Employee with respect to any matter arising at the time of the Company's execution of this Agreement or covered by the release of claims against the Employee set forth in Paragraph 2 above, and not to assert against the Employee in any action, suit, litigation or proceeding any matter arising before the Company's execution of this Agreement or covered by the release of claims against the Employee set forth in Paragraph 2 above. Nothing in this Agreement (i) limits or affects either Party's right to challenge the validity of this Agreement; (ii) prevents or precludes either Party from filing a charge or complaint with or from participating in an investigation or proceeding conducted by the EEOC, the National Labor Relations Board, the Securities and Exchange Commission, or any other federal, state or local agency charged with the enforcement of any laws, including providing documents or other information; or (iii) prevents Employee from exercising his or her rights under Section 7 of the National Labor Relations Act ("NLRA") to engage in protected, concerted activity with other employees, although by signing this Agreement Employee waives any right to recover any individual relief (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by Employee or on his or her behalf by any third party, either individually, or as part of any class or collective action, except for any right Employee may have to receive a payment from a government agency (and not the Company) for information provided to the government agency.View More
Covenant Not to Sue. Employee warrants that Employee has not filed any complaints, charges or claims for relief against the Company with any local, state or federal court or administrative agency that are currently outstanding. Employee further agrees and covenants not to sue, or to bring any claims or charges against, the Company with respect to any matter arising at the time of Employee's execution of this Agreement or covered by the release set forth in Paragraph 2 3 above, and not to assert against the Company i...n any action, suit, litigation or proceeding any matter arising before Employee's execution of this Agreement or covered by the release of claims against the Company set forth in Paragraph 2 3 above. The Company further agrees and covenants not to sue, or to bring any claims or charges against, the Employee with respect to any matter arising at the time of the 0 Company's execution of this Agreement or covered by the release of claims against the Employee set forth in Paragraph 2 3 above, and not to assert against the Employee in any action, suit, litigation or proceeding any matter arising before the Company's execution of this Agreement or covered by the release of claims against the Employee set forth in Paragraph 2 3 above. Nothing in this Agreement (i) limits or affects either Party's Employee's right to challenge the validity of this Agreement; (ii) prevents or precludes either Party Employee from filing a charge or complaint with or from participating in an investigation or proceeding conducted by the EEOC, the National Labor Relations Board, the Securities and Exchange Commission, or any other federal, state or local agency charged with the enforcement of any laws, including providing documents or other information; or (iii) prevents Employee from exercising his or her rights under Section 7 of the National Labor Relations Act ("NLRA") to engage in protected, concerted activity with other employees, although by signing this Agreement Employee waives any right to recover any individual relief (including back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by Employee or on his or her behalf by any third party, either individually, or as part of any class or collective action, except for any right Employee may have to receive a payment from a government agency (and not the Company) for information provided to the government agency. View More
Covenant Not to Sue. a. You agree and covenant not to institute or join any lawsuit (either individually, with others, or as part of a class), in any forum, pleading, raising, or asserting any claim(s) barred or released by this Agreement. b. Notwithstanding Section 5(a), you understand that nothing in this Agreement precludes you from filing a charge with, cooperating with, communicating with, or providing information to, the U.S. Equal Employment Opportunity Commission, U.S. Securities and Exchange Commission, or ...other government agency, or in connection with any proceedings by any such agency. You agree, however, that you will not seek or accept any relief obtained on your behalf by any government agency, private party, class, or otherwise with respect to any claims released in this Agreement, provided that this Agreement does not limit your right to receive an award for information provided to any government agency.View More
Covenant Not to Sue. a. You agree and covenant not to institute or join any lawsuit (either individually, with others, or as part of a class), in any forum, pleading, raising, raising or asserting any claim(s) Claim(s) barred or released by this Agreement. b. Notwithstanding If you do so and such claim(s) is found to be barred or released, in whole or in part, by Section 5(a), 2 of this Agreement, you agree to reimburse the Released Parties for all costs and reasonable attorneys' fees (and/or applicable portion ther...eof) incurred by the applicable Released Parties in defending against any such released Claim(s). You understand that nothing in this Agreement precludes you from filing a charge with, cooperating with, communicating with, or providing information to, to the U.S. Equal Employment Opportunity Commission, U.S. Securities and Exchange Commission, or other government agency, or in connection with any proceedings by any such agency. You agree, however, that you will not seek or accept any relief obtained on your behalf by any government agency, private party, class, or otherwise with respect to any claims released in this Agreement, provided that this Agreement does not limit your right to receive an award for information provided to any government agency. View More
Covenant Not to Sue. Employee represents that Employee has not filed or initiated any claim of any type against Employer as of the date Employee executes this Release. Employee will not, on behalf of Employee, in cooperation or participation with any other person, firm, entity, corporation or governmental agency, or in any capacity whatsoever, institute, file, or in any manner voluntarily participate in, assist, or prosecute any claim, charge, grievance, -19- complaint or action of any sort against Employer or the R...eleased Parties. Nothing in this Release shall be construed to affect the independent right and responsibility of the Equal Employment Opportunity Commission's or its state counterpart to enforce the law.View More
Covenant Not to Sue. Employee represents that Employee has not filed or initiated any claim of any type against Employer as of the date Employee executes this Release. Employee will not, on behalf of Employee, in cooperation or participation with any other person, firm, entity, corporation or governmental agency, or in any capacity whatsoever, institute, file, or in any manner voluntarily participate in, assist, or prosecute any claim, charge, grievance, -19- complaint or action of any sort against Employer or the R...eleased Parties. Nothing in this Release shall be construed to affect the independent right and responsibility of the Equal Employment Opportunity Commission's or its state counterpart to enforce the law. 2 5. Employee's Representations. Employee acknowledges that: (a) as of the date Employee executes this Release, Employee has received from Employer all amounts, payments, compensation and benefits then due arising out of Employee's employment with Employer; (b) Employee has not experienced a job-related illness, injury or occupational disease compensable under the California workers' compensation system for which Employee has not already filed a claim; and (c) Employee has been provided with and/or has not been denied or retaliated against for requesting any leave under the Family and Medical Leave Act or the California Family Rights Act. View More
Covenant Not to Sue. A "covenant not to sue" is a legal term which means I promise not to file a lawsuit in court. It is different from the General Release of claims contained in paragraph 1 above. In addition to waiving and releasing the claims covered by that paragraph 1 above, I further agree never to sue the Company and/or any of the other Releasees or become party to a lawsuit on the basis of any claim of any type whatsoever arising out of or related to my employment with and/or separation from employment with ...the Company and/or any of the other Releasees. I agree not to become a member of any class in any case in which claims are asserted against the Company. I warrant and represent that I have not filed any complaint, claim or lawsuit against the Company with any governmental agency or with any court. Notwithstanding this Covenant Not To Sue, I may bring a claim against the Company and/or any of the other Releasees to enforce this Agreement or to challenge the validity of this Waiver and Release Agreement under the ADEA. I further acknowledge and agree in the event that I breach this paragraph, then (i) the Company shall be entitled to apply for and receive an injunction to restrain such violation of this paragraph, (ii) I shall be obligated to pay the Company its costs and expenses incurred in enforcing this paragraph and defending against such lawsuit (including court costs, expenses and reasonable legal fees), and (iii) as an alternative to (ii), at the Company's option, I shall be obligated upon demand to repay to the Company all but $250 of any severance payment paid to me under paragraph 2 of the Letter Agreement. I further agree that this Covenant Not to Sue will not affect the validity of the Letter Agreement and will not be deemed to be a penalty or a forfeiture.View More
Covenant Not to Sue. A "covenant not to sue" is a legal term which means I promise not to file a lawsuit in court. It is different from the General Release of claims contained in paragraph 1 above. In addition to waiving and releasing the claims covered by that paragraph 1 above, I further agree never to sue the Company and/or any of the other Releasees or become party to a lawsuit on the basis of any claim of any type whatsoever arising out of or related to my employment with and/or separation from employment with ...the Company and/or any of the other Releasees. I agree not to become a member of any class in any case in which claims are asserted against the Company. I warrant and represent that I have not filed any complaint, claim or lawsuit against the Company with any governmental agency or with any court. Notwithstanding this Covenant Not To Sue, I may bring a claim against the Company and/or any of the other Releasees to enforce this Agreement or to challenge the validity of this Waiver and Release Agreement under the ADEA. I further acknowledge and agree in the event that I breach this paragraph, then (i) the Company shall be entitled to apply for and receive an injunction to restrain such violation of this paragraph, (ii) I shall be obligated to pay the Company its costs and expenses incurred in enforcing this paragraph and defending against such lawsuit (including court costs, expenses and reasonable legal fees), and (iii) as an alternative to (ii), at the Company's option, I shall be obligated upon demand to repay to the Company all but $250 of any severance payment paid to me under paragraph 2 of the Letter Agreement. I further agree that this Covenant Not to Sue will not affect the validity of the Letter Agreement and will not be deemed to be a penalty or a forfeiture. 4. Employee Acknowledgements. I acknowledge that my employment with the Company is terminated as of my Separation Date. I further waive, release and discharge the Company and/or any of the other Releasees from any reinstatement rights I have or could have. I acknowledge that I (i) have not suffered any on-the-job injury for which I have not already filed a claim, (ii) have received all compensation owed to me for hours worked, including overtime, if any, and (iii) have been provided all leave required by law or regulation. View More
Covenant Not to Sue. Each Party covenants and agrees that it will not at any time, directly or indirectly, initiate, maintain, or prosecute, or in any way knowingly aid in the initiation, maintenance, or prosecution, of any claim, demands, or cause of action, at law, in equity, or otherwise, against the other Party or any of its respective officers, directors, employees, agents, successors, members, managers, or assigns for any claim, damage, loss, or injury of any kind arising out of or in any way connected with an...y transaction, agreement, occurrence, act, failure to act, statement, or omission respecting a release has been given herein. In furtherance of this covenant, each Party agrees that, except as may be required by an order of any court or governmental agency having jurisdiction, it will not make available to any third party any evidence, documents, or other information or materials in its possession or under its care, custody, or control, or in the possession, custody, or under the control of its counsel, which in any way relates to any transaction, agreement, occurrence, act, failure to act, statement, or omission, which is referred to or included within the scope of this release.View More
Covenant Not to Sue. Each Party covenants and agrees that it will not at any time, directly or indirectly, initiate, maintain, or prosecute, or in any way knowingly aid in the initiation, maintenance, or prosecution, of any claim, demands, or cause of action, at law, in equity, or otherwise, against the other Party Parties or any of its their respective officers, directors, employees, agents, successors, members, managers, or assigns for any claim, damage, loss, or injury of any kind arising out of or in any way con...nected with any transaction, agreement, occurrence, act, failure to act, statement, or omission respecting a release has been given herein. In furtherance of this covenant, each Party agrees that, except as may be required by an order of any court or governmental agency having jurisdiction, it will not make available to any third party any evidence, documents, or other information or materials in its possession or under its care, custody, or control, or in the possession, custody, or under the control of its counsel, which in any way relates to any transaction, agreement, occurrence, act, failure to act, statement, or omission, which is referred to or included within the scope of this release. 3 16. Independent Investigation. The Parties hereby declare, acknowledge, and agree that the terms of this Agreement have been read by them and discussed with their respective legal counsel, and that such terms are fully understood and voluntarily accepted for the purpose of making a full, final, and complete compromise, settlement, and adjustment of all transactions, agreements, arrangements, or courses of dealing. The Parties further acknowledge, declare, and agree that the facts and assumptions underlying this Agreement have been thoroughly investigated and reviewed by them and their respective counsel; that they are not relying upon any representations by any other Party hereto, but have entered into this Agreement based on their own independent investigation; and that this Agreement reflects the conclusion of such Party that this Agreement and the releases, waivers, and covenants contemplated herein are in the best interests of said Party. View More
