Common use of Challenge to Enforceability Clause in Contracts

Challenge to Enforceability. Executive agrees that this Agreement was reached after she had sufficient time to consult with her legal counsel, ▇▇▇▇ ▇▇▇▇▇▇▇▇, LLP, and any other attorney she may have chosen to consult with. Executive therefore waives any claim that she was coerced in any way to enter into this Agreement. Executive understands that nothing contained in this Agreement limits Executive’s ability to file a charge or complaint with the Equal Employment Opportunity Commission (“EEOC”), the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). Executive further understands that this Agreement does not limit Executive’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. This Agreement does not limit Executive’s right to receive an award for information provided to any Government Agencies. Nothing in this Agreement shall prevent Executive’s participation in any legal proceedings against the Company or any Released Party in compliance with a summons that requires such participation, or Executive’s initiation of or participation in administrative proceedings or investigations of the EEOC or other Government Agencies; provided, however, that this Agreement shall prevent Executive from receiving any monetary or financial damages or recoveries from the Company or any Released Party or reinstatement with the Company in connection with any such proceedings or investigations which is not based on recovering or receiving an award paid by a Government Agency. Executive represents that Executive has not filed or asserted any claims whatsoever against the Company or any Released Party. Nothing contained in this Agreement shall prevent either Party from bringing any claim for breach or to otherwise take legal action to enforce this Agreement’s terms in accordance with the provisions hereof. Further, Executive does not release any claims for indemnification under the Indemnification Rights.

Challenge to Enforceability. Executive agrees that not to challenge the enforceability of any provision of this Agreement was reached after she had sufficient time to consult with her legal counsel, ▇▇▇▇ ▇▇▇▇▇▇▇▇, LLP, and any other attorney she may have chosen to consult with. Executive therefore waives any claim that she was coerced in any way court of competent jurisdiction or arbitration, except as to enter into this Agreementvalidity under the ADEA. Executive understands that nothing contained in this Agreement limits Executive’s ability to file a charge or complaint with the Equal Employment Opportunity Commission (“EEOC”)Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). Executive further understands that this Agreement does not limit Executive’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. This Agreement does not limit Executive’s right to receive an award for information provided to any Government Agencies. Nothing in this Agreement shall prevent Executive’s participation in any legal proceedings against the Company or any Released Party in compliance with a summons that requires such participation, or Executive’s initiation of or participation in administrative proceedings or investigations of the EEOC or other Government Agenciesgovernmental agencies; provided, however, that this Agreement shall prevent Executive from receiving any monetary or financial damages or recoveries from the Company or any Released Party or reinstatement with the Company in connection with any such proceedings or investigations which is not based on recovering or receiving an award paid by a Government Agency. Executive represents that Executive has not filed or asserted any claims whatsoever against the Company or any Released Party. Nothing contained in this Agreement shall prevent either Executive is not aware of any conduct by the Company or any Released Party from bringing that may violate any claim for breach federal, state or to otherwise take legal action to enforce this Agreement’s terms in accordance with the provisions hereof. Furtherlocal law, Executive does not release any claims for indemnification under the Indemnification Rightsrule or regulation.

Challenge to Enforceability. Executive agrees that not to challenge the enforceability of any provision of this Agreement was reached after she had sufficient time to consult with her legal counsel, ▇▇▇▇ ▇▇▇▇▇▇▇▇, LLP, and any other attorney she may have chosen to consult with. Executive therefore waives any claim that she was coerced in any way court of competent jurisdiction or arbitration, except as to enter into validity under the Age Discrimination in Employment Act of 1967 that may arise after the date Executive executes this AgreementAgreement or any claims that cannot be waived under applicable law. Executive understands that nothing contained in this Agreement limits Executive’s ability to file a charge or complaint with the Equal Employment Opportunity Commission (“EEOC”), the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). Executive further understands that this Agreement does not limit Executive’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. This Agreement does not limit Executive’s right to receive an award for information provided to any Government Agencies. Nothing in this Agreement shall prevent Executive’s participation in any legal proceedings against the Company or any Released Party in compliance with a summons that requires such participation, or Executive’s initiation of or participation in administrative proceedings or investigations of the EEOC or other Government Agencies; provided, however, that this Agreement shall prevent Executive from receiving any monetary or financial damages or recoveries from the Company or any Released Party or reinstatement with the Company in connection with any such proceedings or investigations which is not based on recovering or receiving an award paid by a Government Agency. Executive represents that Executive has not filed or asserted any claims whatsoever against the Company or any Released Party. Executive is not aware of any conduct by the Company or any Released Party that may violate any federal, state or local law, rule or regulation. Nothing contained in this Agreement shall prevent either Party from bringing any claim for breach or to otherwise take legal action to enforce this Agreement’s its terms in accordance with the provisions hereof. Further, Executive does not release any claims for indemnification under the Indemnification Rights.

Challenge to Enforceability. Executive agrees that not to challenge the enforceability of any provision of this Agreement was reached after she had sufficient time to consult with her legal counsel, ▇▇▇▇ ▇▇▇▇▇▇▇▇, LLP, and any other attorney she may have chosen to consult with. Executive therefore waives any claim that she was coerced in any way court of competent jurisdiction or arbitration, except as to enter into this Agreementvalidity under the Age Discrimination in Employment Act of 1967. Executive understands that nothing contained in this Agreement limits Executive’s ability to file a charge or complaint with the Equal Employment Opportunity Commission (“EEOC”), the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). Executive further understands that this Agreement does not limit Executive’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. This Agreement does not limit Executive’s right to receive an award for information provided to any Government Agencies. Nothing in this Agreement shall prevent Executive’s participation in any legal proceedings against the Company or any Released Party in compliance with a summons that requires such participation, or Executive’s initiation of or participation in administrative proceedings or investigations of the EEOC or other Government Agencies; provided, however, that this Agreement shall prevent Executive from receiving any monetary or financial damages or recoveries from the Company or any Released Party or reinstatement with the Company in connection with any such proceedings or investigations which is not based on recovering or receiving an award paid by a Government Agency. Executive represents that Executive has not filed or asserted any claims whatsoever against the Company or any Released Party. Executive is not aware of any conduct by the Company or any Released Party that may violate any federal, state or local law, rule or regulation. Nothing contained in this Agreement shall prevent either Party from bringing any claim for breach or to otherwise take legal action to enforce this Agreement’s terms in accordance with the provisions hereof. Further, Executive does not release any claims for indemnification under the Indemnification Rightsits terms.

Challenge to Enforceability. Executive agrees that not to challenge the enforceability of any provision of this Agreement was reached after she had sufficient time in any court of competent jurisdiction or arbitration, except as to consult with her legal counsel, ▇▇▇▇ ▇▇▇▇▇▇▇▇, LLP, and any other attorney she may have chosen to consult withvalidity under the ADEA. Executive therefore waives any claim that she was coerced in any way to enter into this Agreement. Executive understands undrstands that nothing contained in this Agreement limits Executive’s ability to file a charge or complaint with the Equal Employment Opportunity Commission (“EEOC”)Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). Executive further understands that this Agreement does not limit Executive’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. This Agreement does not limit Executive’s right to receive an award for information provided to any Government Agencies. Nothing in this Agreement shall prevent Executive’s participation in any legal proceedings against the Company or any Released Party in compliance with a summons that requires such participation, or Executive’s initiation of or participation in administrative proceedings or investigations of the EEOC or other Government Agenciesgovernmental agencies; provided, however, that this Agreement shall prevent Executive from receiving any monetary or financial damages or recoveries from the Company or any Released Party or reinstatement with the Company in connection with any such proceedings or investigations which is not based on recovering or receiving an award paid by a Government Agency. Executive represents that Executive has not filed or asserted any claims whatsoever against the Company or any Released Party. Nothing contained in this Agreement shall prevent either Executive is not aware of any conduct by the Company or any Released Party from bringing that may violate any claim for breach federal, state or to otherwise take legal action to enforce this Agreement’s terms in accordance with the provisions hereof. Furtherlocal law, Executive does not release any claims for indemnification under the Indemnification Rightsrule or regulation.

Challenge to Enforceability. Executive Employee agrees that not to challenge the enforceability of any provision of this Agreement was reached after she had sufficient time to consult with her legal counsel, ▇▇▇▇ ▇▇▇▇▇▇▇▇, LLP, and any other attorney she may have chosen to consult with. Executive therefore waives any claim that she was coerced in any way court of competent jurisdiction or arbitration, except as to enter into validity under the Age Discrimination in Employment Act of 1967 that may arise after the date Employee executes this AgreementAgreement or any claims that cannot be waived under applicable law. Executive Employee understands that nothing contained in this Agreement limits ExecutiveEmployee’s ability to file a charge or complaint with the Equal Employment Opportunity Commission (“EEOC”), the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). Executive Employee further understands that this Agreement does not limit ExecutiveEmployee’s ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, including providing documents or other information, without notice to the Company. This Agreement does not limit ExecutiveEmployee’s right to receive an award for information provided to any Government Agencies. Nothing in this Agreement shall prevent ExecutiveEmployee’s participation in any legal proceedings against the Company or any Released Party in compliance with a summons that requires such participation, or ExecutiveEmployee’s initiation of or participation in administrative proceedings or investigations of the EEOC or other Government Agencies; provided, however, that this Agreement shall prevent Executive Employee from receiving any monetary or financial damages or recoveries from the Company or any Released Party or reinstatement with the Company in connection with any such proceedings or investigations which is not based on recovering or receiving an award paid by a Government Agency. Executive Employee represents that Executive Employee has not filed or asserted any claims whatsoever against the Company or any Released Party. Employee is not aware of any conduct by the Company or any Released Party that may violate any federal, state or local law, rule or regulation. Nothing contained in this Agreement shall prevent either Party from bringing any claim for breach or to otherwise take legal action to enforce this Agreement’s terms in accordance with the provisions hereof. Further, Executive does not release any claims for indemnification under the Indemnification Rightsits terms.