Acceptance of Release. (a) Subject to clause 4.3, the Customer is not obliged to accept or install a Release.
(b) If the Customer elects not to accept or install a new Release:
(i) Deswik will not be liable for any loss or damage that the Customer suffers as a result of any Defects in the Software which are remedied by the Release;
(ii) the Customer acknowledges that Deswik may not be able to adequately support or remedy the Customer’s issues; and
(iii) the Customer acknowledges that support is only provided on the Releases specified in Schedule A.
(c) If the Customer accepts a Release (by downloading and installing it):
(i) this Agreement will continue to apply in all respects to the Release; and
(ii) the Customer will delete all copies of the Software or part of the Software which have been superseded by the Release or otherwise deal with all copies in accordance with Deswik's reasonable directions.
Acceptance of Release. (a) Subject to clause 4.2(b), the Customer is not obliged to accept or install a Release.
(b) As the Customer is using Enterprise Software:
(i) The Customer must accept and install at least the number of Releases per calendar year set out in Schedule A.
(ii) Where indicated in Schedule A, installation of any Major Version must be by way of an Assisted Upgrade.
(c) If the Customer elects not to accept or install a new Release:
(i) Deswik will not be liable for any loss or damage that the Customer suffers as a result of any Defects in the Software which are remedied by the Release;
(ii) the Customer acknowledges that Deswik may not be able to adequately support or remedy the Customer’s issues; and
(iii) the Customer acknowledges that support is only provided on the Releases specified in Schedule A.
(d) If the Customer accepts a Release (by downloading and installing it):
(i) this Agreement will continue to apply in all respects to the Release; and
(ii) the Customer will delete all copies of the Software or part of the Software which have been superseded by the Release or otherwise deal with all copies in accordance with Deswik's reasonable directions.
Acceptance of Release. If I am forty (40) years of age or older as of the date I sign this Release, (a) I acknowledge that I have 21 days from the termination of my employment to consider this Release and that I may revoke this Release at any time during the first seven days following my execution of this Release by delivering written notice of revocation to HR Department, Masergy Communications, Inc., 2000 Xxxxx Xxxxxx Xxxxxxx, Xxxxx 000, Xxxxx, Xxxxx 00000; (b) I acknowledge that the earliest date I may sign this Release is on my last day of employment; (c) I acknowledge that this Release will become effective, fully enforceable and irrevocable seven days after I sign the Release, provided that I do not exercise my revocation right as indicated above (the date seven days after signing, the “Effective Date”). I represent that if I execute this Release before the 21-day consideration period has passed, I do so voluntarily, and I knowingly and voluntarily waive my option to use the entire 21 days to consider this Release.
Acceptance of Release. (a) The Customer is not obliged to accept or install a Release.
(b) If the Customer elects not to accept or install a new Release:
(i) Loadscan will not be liable for any loss or damage that the Customer suffers as a result of any Defects in the Software which are remedied by the Release;
(ii) the Customer acknowledges that Loadscan may not be able to adequately support or remedy the Customer’s issues; and
(iii) the Customer acknowledges that support is only provided on the Releases specified in Schedule A.
(c) If the Customer accepts a Release (by downloading and installing it):
(i) this Agreement will continue to apply in all respects to the Release; and
(ii) the Customer will delete all copies of the Software or part of the Software which have been superseded by the Release or otherwise deal with all copies in accordance with Loadscan’s reasonable directions.
5. Service Levels
Acceptance of Release. (i) Each Obligor hereby accepts the releases effected by Section 12.14(a) hereof and agrees not to restore or attempt to restore any of the rights thereby released.
(ii) Each Obligor hereby accepts the release effected by Article VI and agrees not to restore or attempt to restore any of the rights thereby released.
Acceptance of Release. EACH PARTY HAS CAREFULLY READ AND FULLY UNDERSTANDS AND VOLUNTARILY AGREES TO BE SUBJECT TO ALL THE TERMS OF THIS RELEASE IN EXCHANGE FOR THE ADDITIONAL BENEFITS DESCRIBED IN THIS RELEASE AND THE LETTER AGREEMENT TO WHICH THEY WOULD OTHERWISE NOT BE ENTITLED.
Acceptance of Release. (a) Executive acknowledges that he has been advised by PEB and BayCom that he has at least forty-five (45) calendar days from the date he receives this Release to consider whether or not to accept this Release and seek counsel to advise Executive about signing this Release. Any modifications or changes to this Release agreed upon by Executive and BayCom will not restart or affect Executive’s 45-day day review period. In the event Executive executes this Release within less than forty-five (45) days after its delivery to him, then Executive hereby acknowledges that his decision to execute this Release prior to the expiration of such forty-five (45) day period was done knowingly and was entirely voluntary. This Release will not become effective or enforceable until the revocation period described in Section 8 below has expired without Executive revoking this Release.
(b) Executive acknowledges that, before signing this Release, he was advised by PEB and BayCom to consult with an attorney. Executive agrees that he had an adequate opportunity to review this Release with persons of his choice, including his attorney, that Executive fully understands the terms of this Release, and that Executive has signed it knowingly and voluntarily.
(c) Executive acknowledges that, prior to signing this Release, he received a listing of job titles and ages of all employees in the decisional unit who were selected or not selected for separation and as set forth in Exhibit 1, a description of BayCom’s severance benefits.
(d) Executive acknowledges that, by signing this Release and not revoking it, he waives any claim that Executive has or might have accrued, prior to the date of his signing this Release, against BayCom or the other Released Parties under the Age Discrimination in Employment Act.
Acceptance of Release. (i) Each of the Company and CSC hereby accepts the releases effected by Section 12.16(a) hereof and agrees not to restore or attempt to restore any of the rights thereby released.
(ii) The Obligors hereby accept the release effected by Article VI and agree not to restore or attempt to restore any of the rights thereby released.
Acceptance of Release. BEFORE SIGNING MY NAME TO THE RELEASE, I STATE THE FOLLOWING: I HAVE READ THE RELEASE, I UNDERSTAND IT AND I KNOW THAT I AM GIVING UP IMPORTANT RIGHTS. I HAVE OBTAINED SUFFICIENT INFORMATION TO INTELLIGENTLY EXERCISE MY OWN JUDGMENT. I HAVE BEEN ADVISED THAT I SHOULD CONSULT WITH AN ATTORNEY BEFORE SIGNING IT, AND I HAVE SIGNED THE RELEASE KNOWINGLY AND VOLUNTARILY.
Acceptance of Release. I acknowledge that I have carefully read this Release and understand all its terms, including the full and final release of claims set forth above. I further acknowledge that I have voluntarily entered into this Release, that I have not relied upon any representation or statement, whether written or oral, not set forth in this Release and that I have been encouraged and given the opportunity to consult with an attorney regarding this Release. I also acknowledge that I have been afforded forty-five (45) days to consider this Release and that I have seven (7) days after signing this Release to revoke it by delivering to the Company written Notice of Revocation at the following address:
