Common use of Covenant Not to Sxx Clause in Contracts

Covenant Not to Sxx. A “covenant not to sxx” is a promise not to sxx in court. This covenant differs from a general release of claims in that, besides waiving and releasing the claims covered by this Release, You represent and warrant that You have not filed, and agree that You will not file, or cause to be filed or maintained, any judicial complaint, lawsuit or demand for arbitration involving any claims You have released in this Release, and You agree to withdraw any judicial complaints, lawsuits or demands for arbitration You have filed, or were filed on your behalf, prior to the effective date of this Release. Still, You may sxx to enforce this Release. You agree if You breach this covenant, then You must pay the legal expenses incurred by incurred by any Releasee in defending against your suit, including reasonable attorneys’ fees, or, at the Company’s option, return everything paid to You under this Agreement. In that event, the Company shall be excused from making any further payments or continuing any other benefits otherwise owed to You under paragraph 2 of this Agreement. Furthermore, You give up all rights to individual damages in connection with any administrative or court proceeding with respect to your employment with or termination of employment from, the Company. You also agree that if You are awarded money damages, You will assign your right and interest to such money damages (i) in connection with an administrative charge, to the relevant administrative agency; and (ii) in connection with a lawsuit or demand for arbitration, to the Company.

Covenant Not to Sxx. A “covenant not to sxx” is a promise not to sxx in court. This covenant differs from a general release of claims in that, besides waiving and releasing the claims covered by this Release, You represent and warrant that You have not filed, and agree that You will not file, or cause to be filed or maintained, any judicial judicial, administrative agency, arbitration or other alternative dispute resolution complaint, lawsuit claim, or demand for arbitration lawsuit, or any complaint or claim with the Company’s internal complaint process, involving any claims You have released in this Release, and You agree to withdraw any judicial such complaints, claims or lawsuits or demands for arbitration You have filed, or were filed on your behalf, prior to the effective date of this Release. Still, You may sxx to enforce this ReleaseRelease Signature Date. You agree if You breach this covenant, then You must pay the legal expenses incurred by incurred by any Releasee in defending against your suitclaim, complaint or lawsuit, including reasonable attorneys’ fees, or, at the Company’s option, return everything paid to You under this AgreementRelease. In that event, the Company shall be excused from making any further payments or continuing any other benefits otherwise owed to You under paragraph Section 2 of this AgreementRelease. Furthermore, You give up all rights to individual damages in connection with any administrative or court proceeding with respect to your Your employment with or termination of employment from, the Company. You also agree that if You are awarded money damages, You will assign your Your right and interest to such money damages (i) in connection with an administrative charge, to the relevant administrative agency; and (ii) in connection with a lawsuit or demand for arbitration, to the Company.

Covenant Not to Sxx. A “covenant not to sxx” is a legal term which means you promise not to sxx file a lawsuit in court. This covenant differs It is different from a general release the General Release of claims contained in that, besides paragraph 1 above. Besides waiving and releasing the claims covered by this Releaseparagraph 1 above, You you represent and warrant that You you have not filed, and agree that You you will not file, or cause to be filed or maintainedfiled, any judicial complaint, complaint or lawsuit or demand for arbitration involving any claims You you have released in this Releaseparagraph 1, and You you agree to withdraw any judicial complaints, complaints or lawsuits or demands for arbitration You you have filed, or were filed on your behalf, prior to the effective date of this Further Release. StillNotwithstanding this Covenant Not to Sxx, You you may sxx bring a claim against the Company to enforce this Releasethe Separation Agreement or Further Release or to challenge the validity of the Separation Agreement or Further Release under the ADEA. You agree and acknowledge that if You breach you sxx the Company or any other Releasee in violation of this covenantAgreement, then You must you shall pay the all legal expenses incurred by expenses, including reasonable attorneys’ fees, incurred by any Releasee in defending against your suit. Alternatively, including reasonable attorneys’ feesif you sxx the Company in violation of this Agreement, oryou may, at the Company’s option, be required to return everything all monies and other benefits paid to You under this you pursuant to paragraphs 4(b) and 4(d) of the Separation Agreement, except for $1,000.00. In that event, the Company shall be excused from making any further payments or continuing any other benefits otherwise owed to You you under paragraph 2 paragraphs 4(b), 4(c) and 4(d) of this the Separation Agreement. Furthermore, You give up all rights to individual damages In consideration for your promises set forth in connection with any administrative or court proceeding with respect to your employment with or termination of employment fromthe Separation Agreement, the Company. You also agree Company promises and agrees that if You are awarded money damagesit will not file, You will assign your right and interest or cause to such money damages (i) be filed, any judicial complaint or lawsuit involving any claims that it has released in connection with an administrative chargeparagraph 2, to the relevant administrative agency; and (ii) in connection with a lawsuit or demand for arbitration, to the Companyabove.

Covenant Not to Sxx. A “covenant not to sxx” is a legal term which means you promise not to sxx file a lawsuit in court. This covenant differs It is different from a general release the General Release of claims contained in that, besides Paragraph 9 above. Besides waiving and releasing the claims covered by this ReleaseParagraph 9 above, You you represent and warrant that You you have not filed, and agree that You you will not file, or cause to be filed or maintainedfiled, any judicial complaint, complaint or lawsuit or demand for arbitration involving any claims You you have released in this ReleaseParagraph 9, and You you agree to withdraw any judicial complaints, complaints or lawsuits or demands for arbitration You you have filed, or that were filed on your behalf, prior to the effective date of this ReleaseAgreement. StillNotwithstanding this Covenant Not To Sxx, You you may sxx bring a claim against the Company to enforce this ReleaseAgreement or to challenge the validity of this Agreement under the ADEA. You agree and acknowledge that if You breach you sxx the Company or any other Releasee in violation of this covenantAgreement, then You must you shall pay the all legal expenses incurred by expenses, including reasonable attorneys’ fees, incurred by any Releasee in defending against your suit. Alternatively, including reasonable attorneys’ feesif you sxx the Company in violation of this Agreement, oryou may, at the Company’s option, be required to return everything all monies and other benefits paid to You under you pursuant to this Agreement, except for $1,000.00. In that event, the Company shall be excused from making any further payments or continuing any other benefits otherwise owed to You you under paragraph 2 Paragraph 4 of this Agreement. Furthermore, You give up all rights to individual damages in connection with any administrative or court proceeding with respect to your employment with or termination of employment from, the Company. You also agree that if You are awarded money damages, You will assign your right and interest to such money damages (i) in connection with an administrative charge, to the relevant administrative agency; and (ii) in connection with a lawsuit or demand for arbitration, to the Company.

Covenant Not to Sxx. A “covenant not to sxx” is a promise not to sxx in court. This covenant differs from a general release of claims in that, besides waiving and releasing the claims covered by this Release, You represent and warrant that You have not filed, and agree that You will not file, or cause to be filed or maintained, any judicial complaint, lawsuit or demand for arbitration involving any claims You have released in this Release, and You agree to withdraw any judicial complaints, lawsuits or demands for arbitration You have filed, or were filed on your behalf, prior to the effective date of this Release. Still, You may sxx to enforce this Release. You agree if You breach this covenant, then You must pay the legal expenses incurred by incurred by any Releasee in defending against your suit, including reasonable attorneys’ fees, or, at the Company’s option, return everything paid to You under this AgreementRelease. In that event, the Company shall be excused from making any further payments or continuing any other benefits otherwise owed to You under paragraph 2 of this AgreementRelease. Furthermore, You give up all rights to individual damages in connection with any administrative or court proceeding with respect to your employment with or termination of employment from, the Company. You also agree that if You are awarded money damages, You will assign your right and interest to such money damages (i) in connection with an administrative charge, to the relevant administrative agency; and (ii) in connection with a lawsuit or demand for arbitration, to the Company.