Common use of Protecting Your Rights Clause in Contracts

Protecting Your Rights. In understanding the terms of this Agreement and your rights, you are advised to consult with an attorney of your choice at your expense prior to signing it the first and second time. Also, the only claims that you are not waiving and releasing under this Agreement are claims you may have for (1) unemployment, state disability, worker’s compensation, and/or paid family leave insurance benefits under applicable state law; (2) continuation of existing participation in Cisco-sponsored group health benefit plans, at your own expense, under COBRA and/or under an applicable state law counterpart(s); (3) any benefits entitlements that are vested as of your Termination Date under the terms of a Cisco-sponsored benefit plan; (4) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable; (5) any wrongful act or omission occurring after the date you execute this Separation Agreement; and (6) any rights to indemnification, whether under any certificate of Incorporation, bylaw, insurance policy, written agreement to which you are a party, or under applicable law. In addition, nothing in this Agreement, including but not limited to the release of claims provisions, (x) limits or affects your right to challenge the validity of this Agreement under the ADEA or the OWBPA (Older Workers Benefit Protection Act), (y) prevents you from filing a charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, or any other any federal, state or local agency charged with the enforcement of any laws, including providing documents or any other information, or (z) limits you from exercising rights under Section 7 of the NLRA to engage in protected, concerted activity with other employees, although by signing this Agreement you are waiving rights to individual relief (including backpay, frontpay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party, except for any right you may have to receive a payment from a government agency (and not Cisco) for information provided to the government agency. If you sign this Agreement, you are agreeing that the benefits you will receive under Sections II and III, as applicable, fully and completely satisfy all claims you might possibly have against Cisco and the other released parties.

Appears in 1 contract

Samples: Transition Agreement (Cisco Systems, Inc.)

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Protecting Your Rights. In understanding the terms of this Agreement and your rights, you are advised to consult with an attorney of your choice at your expense prior to signing it the first and second timeexecuting it. Also, the only claims that you are not waiving and releasing under this Agreement are claims you may have for (1) unemployment, state disability, worker’s compensation, and/or paid family leave insurance benefits under pursuant to the terms of applicable state law; (2) continuation of existing participation in Cisco-sponsored group health benefit plans, at your own expense, under COBRA and/or under an applicable state law counterpart(s); (3) any benefits entitlements that are vested as of your Termination Date under termination date pursuant to the terms of a Cisco-sponsored benefit plan; (4) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable; (5) any wrongful act or omission occurring after the date you execute this Separation Agreement, including any breach by Cisco of this Agreement; and (6) any rights you have to indemnificationindemnification under the Restated Articles of Incorporation of Cisco Systems, whether Inc. and the Amended and Restated Bylaws of Cisco Systems, Inc., as currently in effect, and the Indemnification Agreement between Cisco and you dated November 14, 2005; and (7) any rights to insurance coverage, including expense reimbursement, under any certificate of Incorporation, bylaw, D&O insurance policy, written agreement to which you are a party, or under applicable lawpolicy maintained by Cisco. In addition, nothing in this Agreement, including but not limited to the release of claims provisions, (x) limits Agreement prevents or affects your right to challenge the validity of this Agreement under the ADEA or the OWBPA (Older Workers Benefit Protection Act), (y) prevents prohibits you from filing a charge or complaint claim with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, Commission (EEOC) or any other any federal, state or local government agency charged with the enforcement of any laws, including providing documents or any other information, or (z) limits you from exercising rights under Section 7 that is responsible for enforcing a law on behalf of the NLRA to engage in protectedgovernment and deems such claims not waivable. However, concerted activity with other employeesplease understand that, although by signing this Agreement because you are waiving rights to individual relief and releasing all claims “for monetary damages and any other form of personal relief” (including backpayper Section III above), frontpay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party, except for any right you may have to only seek and receive a payment non-personal forms of relief from a the EEOC and similar government agency (and not Cisco) for information provided to the government agency. If you sign this Agreement, you are agreeing that the benefits you will receive under Sections II and III, as applicable, fully and completely satisfy all claims you might possibly have against Cisco and the other released partiesagencies.

Appears in 1 contract

Samples: Transition and Separation Agreement (Cisco Systems, Inc.)

Protecting Your Rights. In understanding the terms of this Agreement and your rights, you are advised to consult with an attorney of your choice at your expense prior to signing it the first and second timeexecuting it. Also, the only claims that you are not waiving and releasing under this Agreement are claims you may have for (1) unemployment, state disability, worker’s compensation, and/or paid family leave insurance benefits under pursuant to the terms of applicable state law; (2) continuation of existing participation in Cisco-sponsored group health benefit plans, at your own expense, under COBRA and/or under an applicable state law counterpart(s); (3) any benefits entitlements that are vested as of your Termination Date under termination date pursuant to the terms of a Cisco-sponsored benefit plan; (4) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable; (5) any wrongful act or omission occurring after the date you execute this Separation Agreement, including any breach by Cisco of this Agreement; and (6) any rights you have to indemnificationindemnification under the Restated Articles of Incorporation of Cisco Systems, whether Inc. and the Amended and Restated Bylaws of Cisco Systems, Inc., as currently in effect, and the Indemnification Agreement between Cisco and you dated May 25, 2010; and (7) any rights to insurance coverage, including expense reimbursement, under any certificate of Incorporation, bylaw, D&O insurance policy, written agreement to which you are a party, or under applicable lawpolicy maintained by Cisco. In addition, nothing in this Agreement, including but not limited to the release of claims provisions, (x) limits Agreement prevents or affects your right to challenge the validity of this Agreement under the ADEA or the OWBPA (Older Workers Benefit Protection Act), (y) prevents prohibits you from filing a charge or complaint claim with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, Commission (EEOC) or any other any federal, state or local government agency charged with the enforcement of any laws, including providing documents or any other information, or (z) limits you from exercising rights under Section 7 that is responsible for enforcing a law on behalf of the NLRA to engage in protectedgovernment and deems such claims not waivable. However, concerted activity with other employeesplease understand that, although by signing this Agreement because you are waiving rights to individual relief and releasing all claims “for monetary damages and any other form of personal relief” (including backpayper Section III above), frontpay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party, except for any right you may have to only seek and receive a payment non-personal forms of relief from a the EEOC and similar government agency (and not Cisco) for information provided to the government agency. If you sign this Agreement, you are agreeing that the benefits you will receive under Sections II and III, as applicable, fully and completely satisfy all claims you might possibly have against Cisco and the other released partiesagencies.

Appears in 1 contract

Samples: Separation Agreement (Cisco Systems, Inc.)

Protecting Your Rights. In understanding the terms of this Agreement and your rights, you are advised to consult with an attorney of your choice at your expense prior to signing it the first and second timeit. Also, the only claims that you are not waiving and releasing under this Agreement are claims you may have for (1) unemployment, state disability, worker’s compensation, and/or paid family leave insurance benefits under applicable state law; (2) continuation of existing participation in Cisco-sponsored group health benefit plans, at your own expense, under COBRA and/or under an applicable state law counterpart(s); (3) any benefits entitlements that are vested as of your Termination Date termination date under the terms of a Cisco-sponsored benefit plan; (4) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable; (5) any wrongful act or omission occurring after the date you execute this Separation Agreement, including any breach by Cisco of this Agreement; and (6) any rights you have to indemnificationindemnification under the Restated Articles of Incorporation of Cisco Systems, whether Inc. and the Amended and Restated Bylaws of Cisco Systems, Inc., as currently in effect, and the Indemnification Agreement between Cisco and you dated July 26, 2015; and (7) any rights to insurance coverage, including expense reimbursement, under any certificate of Incorporation, bylaw, D&O insurance policy, written agreement to which you are a party, or under applicable lawpolicy maintained by Cisco. In addition, nothing in this Agreement, including but not limited to the release of claims provisions, (x) limits Agreement prevents or affects your right to challenge the validity of this Agreement under the ADEA or the OWBPA (Older Workers Benefit Protection Act), (y) prevents prohibits you from filing a charge or complaint claim with or from voluntarily participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, Commission (EEOC) or any other any federal, state or local government agency charged with the enforcement of any laws, including providing documents or any other information, or (z) limits you from exercising rights under Section 7 that is responsible for enforcing a law on behalf of the NLRA to engage in protectedgovernment and deems such claims not waivable. However, concerted activity with other employeesplease understand that, although by signing this Agreement because you are waiving rights to individual relief and releasing all claims “for monetary damages and any other form of personal relief” (including backpayper Section II above), frontpay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party, except for any right you may have to only seek and receive a payment non-monetary forms of relief from a the EEOC and similar government agency (and not Cisco) for information provided to agencies. Nothing in this Agreement prohibits you from receiving monetary rewards under the government agencywhistleblower provisions of federal law or regulation. If you sign this Agreement, you are agreeing that the benefits you will receive under Sections Section II and III, as applicable, fully and completely satisfy all claims you might possibly have against Cisco and the other released parties.

Appears in 1 contract

Samples: Separation Agreement (Cisco Systems, Inc.)

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Protecting Your Rights. In understanding the terms of this Agreement and your rights, you are advised to consult with an attorney of your choice at your expense prior to signing it the first and second timeexecuting it. Also, the only claims that you are not waiving and releasing under this Agreement are claims you may have for (1) unemployment, state disability, worker’s compensation, and/or paid family leave insurance benefits under pursuant to the terms of applicable state law; (2) continuation of existing participation in Cisco-sponsored group health benefit plans, at your own expense, under COBRA and/or under an applicable state law counterpart(s); (3) any benefits entitlements that are vested as of your Termination Date under termination date pursuant to the terms of a Cisco-sponsored benefit plan; (4) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable; (5) any wrongful act or omission occurring after the date you execute this Separation Agreement, including any breach by Cisco of this Agreement; and (6) any rights you have to indemnificationindemnification under the Restated Articles of Incorporation of Cisco Systems, whether Inc. and the Amended and Restated Bylaws of Cisco Systems, Inc., as currently in effect, and the Indemnification Agreement between Cisco and you dated May 21, 2009; and (7) any rights to insurance coverage, including expense reimbursement, under any certificate of Incorporation, bylaw, D&O insurance policy, written agreement to which you are a party, or under applicable lawpolicy maintained by Cisco. In addition, nothing in this Agreement, including but not limited to the release of claims provisions, (x) limits Agreement prevents or affects your right to challenge the validity of this Agreement under the ADEA or the OWBPA (Older Workers Benefit Protection Act), (y) prevents prohibits you from filing a charge or complaint claim with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, Commission (EEOC) or any other any federal, state or local government agency charged with the enforcement of any laws, including providing documents or any other information, or (z) limits you from exercising rights under Section 7 that is responsible for enforcing a law on behalf of the NLRA to engage in protectedgovernment and deems such claims not waivable. However, concerted activity with other employeesplease understand that, although by signing this Agreement because you are waiving rights to individual relief and releasing all claims “for monetary damages and any other form of personal relief” (including backpayper Section III above), frontpay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party, except for any right you may have to only seek and receive a payment non-personal forms of relief from a the EEOC and similar government agency (and not Cisco) for information provided to the government agency. If you sign this Agreement, you are agreeing that the benefits you will receive under Sections II and III, as applicable, fully and completely satisfy all claims you might possibly have against Cisco and the other released partiesagencies.

Appears in 1 contract

Samples: Separation Agreement (Cisco Systems, Inc.)

Protecting Your Rights. In understanding the terms of this Agreement and your rights, you are advised to consult with an attorney of your choice at your expense prior to signing it the first and second timeit. Also, the only claims that you are not waiving and releasing under this Agreement are claims you may have for (1) unemployment, state disability, worker’s compensation, and/or paid family leave insurance benefits under applicable state law; (2) continuation of existing participation in Cisco-sponsored group health benefit plans, at your own expense, under COBRA and/or under an applicable state law counterpart(s); (3) any benefits entitlements that are vested as of your Termination Date termination date under the terms of a Cisco-sponsored benefit plan; (4) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable; (5) any wrongful act or omission occurring after the date you execute this Separation Agreement, including any breach by Cisco of this Agreement; and (6) any rights you have to indemnificationindemnification under the Restated Articles of Incorporation of Cisco Systems, whether Inc. and the Amended and Restated Bylaws of Cisco Systems, Inc., as currently in effect; and (7) any rights to insurance coverage, including expense reimbursement, under any certificate of Incorporation, bylaw, D&O insurance policy, written agreement to which you are a party, or under applicable lawpolicy maintained by Cisco. In addition, nothing in this Agreement, including but not limited to the release of claims provisions, (x) limits Separation Agreement prevents or affects your right to challenge the validity of this Agreement under the ADEA or the OWBPA (Older Workers Benefit Protection Act), (y) prevents prohibits you from filing a charge or complaint claim with or from voluntarily participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, Commission (EEOC) or any other any federal, state or local government agency charged with the enforcement of any laws, including providing documents or any other information, or (z) limits you from exercising rights under Section 7 that is responsible for enforcing a law on behalf of the NLRA to engage in protectedgovernment and deems such claims not waivable. However, concerted activity with other employeesplease understand that, although by signing this Agreement because you are waiving rights to individual relief and releasing all claims “for monetary damages and any other form of personal relief” (including backpayper Section II above), frontpay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party, except for any right you may have to only seek and receive a payment non-monetary forms of relief from a the EEOC and similar government agency (and not Cisco) for information provided to agencies. Nothing in this Agreement prohibits you from receiving monetary rewards under the government agencywhistleblower provisions of federal law or regulation. If you sign this Agreement, you are agreeing that the benefits you will receive under Sections Section II and III, as applicable, fully and completely satisfy all claims you might possibly have against Cisco and the other released parties.

Appears in 1 contract

Samples: Separation Agreement (Cisco Systems, Inc.)

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