An agreement not to sue is a legal clause where one party agrees not to pursue any legal action against the other party in relation to specific disputes or claims. This clause can help prevent future litigation by resolving potential conflicts outside the courtroom.
Agreement Not to Sue. Employee agrees not to sue the Company in any court with respect to any of the claims released in this Agreement except as specifically permitted in this paragraph below. If Employee, or anyone on Employee’s behalf, breaks this promise, then Employee shall be required to repay the Settlement Payment except for $200; alternatively, at the Company’s option, Employee shall be liable for the payment of all costs and attorneys’ fees paid by the Company in connection with such a lawsuit. This Agreement not to sue does not prohibit Employee from bringing a lawsuit to challenge the enforceability of this Agreement as it relates to age discrimination claims. Employee will not be required to repay the Settlement Payment in order to challenge the validity or enforceability of this Agreement under the Age Discrimination in Employment Act, and will not be liable for the payment of costs and fees paid by the Company in connection with such a challenge. This does not mean that Employee retains the right to obtain relief for age discrimination after signing this Agreement. After signing this Agreement, Employee may obtain relief for age discrimination only if Employee obtains a court order stating that this Agreement is not enforceable.
Additionally, Executive’s agreement not to sue any of the Released Parties does not apply to any claim he may file to enforce this Agreement or to challenge the enforceability of this Agreement to the extent such an agreement not to sue would be prohibited by applicable law. This Agreement also does not prevent Executive from cooperating with any governmental investigation, from being a witness, or from filing a claim, including claims with the Equal Employment Opportunity Commission (EEOC). However, Executive may not recover personal monetary or other relief for any claim released by this Agreement, except where expressly permitted by applicable law.
Agreement Not to Sue Each party agrees, on behalf of itself and on behalf of its Related Parties not to sue, commence, voluntarily aid in any way, prosecute or cause to be commenced or prosecuted against the other party or its Related Parties any action, suit or other proceeding concerning the Released Claims, in any jurisdiction.
Agreement Not to Sue: In consideration of the Bank’s promises, payments and other consideration contained herein, Ms. Fletcher hereby further agrees that if any claim referenced herein is filed, pursued, or otherwise prosecuted by Ms. Fletcher, individually or collectively, or by any persons or entities, by or through her or on her behalf, individually or collectively, Ms. Fletcher waives her rights to relief from such claim, including the right to attorneys’ fees, costs and any and all other relief whether legal or equitable, sought in such claim, and agrees to indemnify and hold the Bank and the Releasees harmless from such claim, including attorneys’ fees and costs. If Ms. Fletcher violates this Agreement by suing the Bank or the Releasees, Ms. Fletcher agrees that she will pay all costs and expenses of defending against the suit incurred by the Bank or the Releasees. Nothing in this Section 14 will prevent Ms. Fletcher from bringing claims against the Bank arising out of a breach of this Agreement.
The consideration given to Employee hereunder in the form of the Separation Payment is expressly conditioned upon Employee’s full compliance with the terms and conditions set forth herein, including Employee’s agreement to waive any and all claims that the provisions of this Agreement are not fully enforceable as written in its entirety, and Employee’s agreement not to sue or otherwise pursue any legal claim contrary to the foregoing waiver.
AGREEMENT NOT TO SUE; INTELLECTUAL PROPERTY OWNERSHIP 6.1 Each Party agrees, on behalf of itself and on behalf of its Related Parties not to sue, commence, voluntarily aid in any way, prosecute or cause to be commenced or prosecuted against the other Party or its Related Parties any action, suit or other proceeding concerning the Released Claims, in this jurisdiction or any other.
Agreement Not to Sue. An “agreement not to sue” means you agree not to sue any Releasee in court. This is different from the General Release of Claims. Besides releasing claims covered by the General Release of Claims, you agree not to sue any Releasee for any reason covered by the General Release of Claims. Despite this provision, you may file suit to enforce this Agreement or to challenge its validity.
No oral pactum de non petendo (agreement not to sue) shall be of any force or effect.
I understand and agree that the Company and I enter into this Release in good faith and that neither Roku’s entry into this Release, nor my agreement not to sue, as provided above, nor any other provision of this Release, shall be considered, at any time, or shall be admissible in any proceeding, as an admission by the Company of any liability, violation of law, error, omission, wrongdoing, or evidence of any liability or unlawful conduct of any kind, or breach of any duty or obligation.
Representation of No Action; Agreement Not to Sue. As a condition of receiving the Separation Benefits and other consideration provided, Employee agrees not to sue in civil court any of the Released Parties regarding any claim that has been released in this Agreement. Employee represents and agrees that he/she has not initiated any claim, charge, lawsuit, or other action against any of the Released Parties and that he/she has not transferred or assigned that right to any other person or entity. Should any third party, including any state or federal agency, bring any action or claim against the Company or any of the Released Parties on Employee’s behalf, Employee acknowledges and agrees that this Agreement provides full relief and Employee will not accept any other relief. The prohibitions on further recovery in this Section 13 will not apply to any recovery authorized under Section 21F of the Securities Exchange Act of 1934.
Representation of No Other Action; Agreement Not to Sue; Dismissal of Claim; Cooperation. As a condition of receiving the Severance Payment and other separation benefits under Section 3 above, Employee agrees not to sue any of the Released Parties regarding any claim that has been released in this Agreement. Employee represents and warrants that he has not initiated, and will not initiate any claim, charge, lawsuit, or other action against any of the Released Parties, and that he has not transferred or assigned that right to any other person or entity. For the one year period following the Separation Date, Employee agrees that he shall cooperate with the Company in connection with any lawsuits to which the Company is a party that relate to events or occurrences that transpired while Employee was employed by the Company (“Matters”), including but not limited to being reasonably available to provide affidavits, and testify and appear in any proceedings or participate in depositions with respect to such Matters, subject to the Company’s reimbursement of reasonable out-of-pocket travel costs and expenses
Agreement Not to Sue. Executive shall not file suit in any court (or join any suit or accept relief in any suit) against any of the Released Parties asserting, pleading, or raising any claims released/waived by this Agreement.
Representation of No Claim or Action; Agreement Not to Sue. You will not voluntarily counsel or assist in any manner whatsoever any person, party, or litigant, in any claim, potential claim or action, against the Company.
Each Party warrants and represents to the other Parties that is has the full right, power and authority to execute, deliver and perform this Agreement, including without limitation with respect to the release and agreement not to sue contained in clause 4 and the indemnities contained in clause 11.
Agreement Not to Sue. To the fullest extent permitted by law, Employee agrees that Employee will not initiate or cause to be initiated any proceeding of any kind, including any arbitration or any federal, state or local lawsuit or administrative proceeding, against the Released Parties, or any of them, based upon any claim released and discharged under paragraph 3 above. In addition, Employee represents that Employee currently does not have any such proceeding pending against any of the Released Parties.
An Agreement Not to Sue is a legal document in which one party agrees not to file a lawsuit against another party. This agreement is generally used to prevent legal disputes by resolving conflicts outside of court. By signing this agreement, the involved parties express their willingness to avoid litigation and agree to settle any potential disagreements through other means, such as mediation or arbitration.
You should consider using an Agreement Not to Sue in scenarios where:
To write an effective Agreement Not to Sue, ensure it includes the following key elements:
Identification of Parties:
Recitals:
Agreement Terms:
Consideration:
Governing Law:
Signatures:
Example:
“In consideration of the mutual agreements and covenants herein, Party A agrees not to initiate, maintain, or cause to be initiated any lawsuits, claims, or legal actions against Party B arising from the dispute related to… [describe the specific matter].”
Agreements Not to Sue are often found in various types of contracts and legal documents including:
Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
An "Agreement null and void" clause stipulates that the contract or certain provisions within it will have no legal effect if specific conditions or contingencies are not met. This clause serves to protect the parties by voiding the agreement entirely or partially if predetermined circumstances arise, ensuring neither party is bound under such situations.
An AIP (Annual Incentive Plan) bonus clause typically outlines the conditions under which an employee is eligible to receive a performance-based bonus, usually tied to achieving specific individual, departmental, or company-wide goals within a fiscal year. This clause may detail criteria such as performance metrics, payout percentages, timing of disbursement, and any contingencies that could affect bonus eligibility or amounts.
The clause "All other terms unchanged" indicates that, despite any amendments or additions to the contract, all other original terms and conditions will remain in effect and unaltered. It ensures that modifications are limited to specific clauses, preserving the integrity of the rest of the agreement.
Try our AI contract analysis and extract important clauses and information from existing contracts.
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