PARTIES’ REPRESENTATIONS. Employee and S&S represent, warrant, and agree that: a. They have not filed any claims, appeals, complaints, charges or lawsuits against the other with any governmental agency or court and that they will not file or permit to be filed or accept benefits from any claim, complaint or petition filed with any court by either of them or on their behalf against the other at any time hereafter; provided, however, this provision shall not limit either Employee or S&S from filing an action for the sole purpose of enforcing their rights under this Agreement; and b. no other person or entity has any interest or assignment of any claims or causes of action, if any, that either Employee or S&S may have against the other, and that they have not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Agreement, and that Employee and S&S have the sole right and exclusive authority to execute this Agreement and receive the consideration provided for herein; and c. neither Employee nor S&S is aware of any facts or circumstances that would constitute a violation of any law by Employee, S&S, or any S&S Party, including specifically without limitation, any false statements or omissions that would be a violation of the False Claims Act or any other similar law or law of similar tenor, the Securities Act of 1933 as amended, the Securities Exchange Act of 1934 as amended, or the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002.
Appears in 2 contracts
Sources: Termination and Release Agreement (Stewart & Stevenson Services Inc), Termination and Release Agreement (Stewart & Stevenson Services Inc)
PARTIES’ REPRESENTATIONS. Employee and S&S represent, warrant, and agree that:
a. They have not filed any claims, appeals, complaints, charges or lawsuits against the other with any governmental agency or court and that they will not file or permit to be filed or accept benefits from any claim, complaint or petition filed with any court by either of them or on their behalf against the other at any time hereafter; provided, however, this provision shall not limit either Employee or S&S from filing an action for the sole purpose of enforcing their rights under this Agreement; and
b. no other person or entity has any interest or assignment of any claims or causes of action, if any, that either Employee or S&S may have against the other, and that they have not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Agreement, and that Employee and S&S have the sole right and exclusive authority to execute this Agreement and receive the consideration provided for herein; and
c. neither Employee nor S&S is aware of any facts or circumstances that would constitute a violation of any law by Employee, S&S, or any S&S Party, including specifically without limitation, any false statements or omissions that would be a violation of the False Claims Act or any other similar law or law of similar tenor, the Securities Act of 1933 as amended, the Securities Exchange Act of 1934 as amended, or the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002.
Appears in 1 contract
Sources: Termination and Release Agreement (Stewart & Stevenson Services Inc)