Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations. b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB. c. Employee affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled. d. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. e. Employee affirms that Employee has no known workplace injuries or occupational diseases. f. Employee affirms that Employee has not divulged any of FFB’s Confidential Information (as defined in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFB. g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement. h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud. i. Employee affirms that all of FFB’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 5 contracts
Samples: Employment Agreement (First Financial Bancorp /Oh/), Employment Agreement (First Financial Bancorp /Oh/), Employment Agreement (First Financial Bancorp /Oh/)
Acknowledgments and Affirmations. a. Employee (a) Executive affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Employee affirms that Employee Executive has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee Executive may be entitled.
d. Employee entitled for all hours worked during Executive’s term of employment with the Company. Executive affirms that Employee Executive has been granted any leave to which Employee Executive was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee affirms that Employee has no known workplace injuries or occupational diseases.
f. Employee affirms that Employee has not divulged any of FFB’s Confidential Information (as defined in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFB.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. Employee . Executive affirms that all of FFBthe Company’s decisions regarding Employee’s the pay and benefits through the date of EmployeeExecutive’s Severance Date execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin origin, or any other classification protected by law.
j. Employee (b) Executive affirms that Executive has no known workplace injuries or occupational diseases.
(c) Executive affirms that Executive has not divulged any stock options granted proprietary or confidential information of the Company or any of its affiliates and will continue to Employee under maintain the confidentiality of such information consistent with the Company’s policies, the Employment Agreement, and/or common law.
(d) Executive affirms that Executive has not been retaliated against for reporting any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided allegations of wrongdoing by the terms Company or its officers, including any allegations of corporate fraud.
(e) Executive affirms that Executive does not have any current charge, claim, or lawsuit against one or more of the applicable plan document for those optionsReleased Persons pending before any local, state, or federal agency or court regarding Executive’s employment and the termination of Executive’s employment. At Employee’s Severance DateExecutive understands that nothing in this Agreement prevents Executive from filing a charge or complaint or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission or any other federal, any vested stock options will be treated in accordance state, or local agency charged with the terms enforcement of any employment or labor laws, although by signing this Agreement, Executive is giving up any right to monetary recovery that is based on any of the applicable plan document for those optionsclaims Executive has released. Executive also understands that if Executive files such a charge or complaint, Executive has, as part of this Agreement, waived Executive’s right to receive any remuneration beyond what Executive receives pursuant to the Employment Agreement.
(f) Executive affirms that at the time of considering or executing this Agreement, Executive was not affected or impaired by illness, use of alcohol, drugs, or other substances or otherwise impaired. Executive is competent to execute this Agreement and knowingly and voluntarily waives any and all claims Executive may have against the Released Persons. Executive certifies that Executive is not a party to any bankruptcy, lien, creditor-debtor, or other proceedings that would impair Executive’s right or ability to waive all claims Executive may have against the Released Persons.
Appears in 5 contracts
Samples: Executive Employment Agreement (Bankrate, Inc.), Executive Employment Agreement (Bankrate, Inc.), Executive Employment Agreement (Bankrate, Inc.)
Acknowledgments and Affirmations. a. Employee affirms You affirm that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has you have not filed, caused to be filed, or and are presently is not a party to to, any claim against FFB.
c. Employee affirms that Employee has the Company. You also affirm that, other than any payments or benefits set forth in this Agreement, you have been paid and/or has have received all compensation, wages, bonuses, commissions, and/or benefits to which Employee you may be have been eligible or entitled.
d. Employee affirms . You affirm that Employee has you have been granted any leave to which Employee was you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee affirms . You also affirm that Employee has you have no known workplace injuries or occupational diseases.
f. Employee affirms diseases that Employee has are not divulged any the subject of FFB’s Confidential Information (as defined in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFB.
g. Employee affirms pending Workers Compensation claims. You further affirm that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has you have not been retaliated against for reporting any allegations of wrongdoing by FFB the Company or its officers, including any allegations of corporate fraud.
i. Employee affirms . The Company and you both acknowledge that all of FFBthis Agreement does not limit either’s decisions regarding Employee’s pay and benefits through right, where applicable, to file a claim with or participate in an investigation or proceeding by the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin Equal Employment Opportunity Commission (EEOC) or any other classification protected comparable federal, state or local governmental agency. To the extent permitted by law.
j. Employee affirms , you agree that if such an administrative claim is made, you shall not be entitled to recover any stock options granted individual monetary relief or other individual remedies. You acknowledge and understand that nothing in this Agreement serves as a waiver of your rights under the applicable deferred compensation plans of the Company and equity, phantom equity and incentive compensation awards. [You further acknowledge and understand that the benefit you receive from your use of the discount card after your last day of employment, including but not limited to Employee the value of the discount you receive, is considered taxable income under any FFB option program the current U.S. tax regulations, and that have you — not vested by Employee’s Severance Date the Company — shall be considered lapsedsolely responsible for tracking, calculating, reporting and paying any taxes in connection with such income to the I.R.S. You further agree to indemnify and defend the Company in connection with any taxes or penalties the Company may incur or be forever unexercisable by Employee unless otherwise provided assessed by the terms I.R.S with respect to your use of the applicable plan document for those options. At Employee’s Severance Datesuch discount card after your last day of employment, including but not limited to any vested stock options will be treated failure by you to track, calculate, report or pay any taxes in accordance connection with the terms your use of the applicable plan document for those options.such discount card.](1)
Appears in 4 contracts
Samples: Executive Severance Agreement (Kate Spade & Co), Executive Severance Agreement (Kate Spade & Co), Executive Severance Agreement (Kate Spade & Co)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. (a) Employee affirms that Employee has not filed, nor caused to be filed, or nor is Employee presently is not a party to to, any claim claim, complaint or action against FFBEmployer in any legal or administrative forum.
c. (b) Employee affirms that Employee has reported all hours worked as of the date Employee signed this Agreement and has been paid for and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. (c) Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws, and that there has been no retaliation as a result of, interference with, or restraint of Employee’s use of such leave.
e. (d) Employee affirms that Employee has no known workplace injuries or occupational diseases.
f. (e) Employee affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFBEmployer and/or common law.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. (f) Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB Employer or its officers, including any allegations of corporate fraud.
i. (g) Employee acknowledges and agrees that he will resign all public and private director/officer positions he holds in Employer or any related or affiliated corporations or business entities, including but not limited to any positions held with TerreStar Networks Inc., TerreStar Corporation, Motient Corporation, TerreStar Networks Holdings (Canada) Inc., TerreStar Networks (Canada) Inc., TerreStar Global Ltd., their parents, affiliates, subsidiaries, divisions, predecessors, insurers, successors and assigns.
(h) Since, as part of Employee’s employment, Employee had access to information of a nature not generally disclosed to the public, Employee acknowledges and affirms that all Employee will keep confidential and not disclose to anyone, the business, proprietary, and trade secret information of FFB’s decisions regarding Employer in Employee’s pay possession, as well as the personal, confidential, or otherwise proprietary information regarding Employer’s employees, and benefits through personnel practices and related matters. This obligation is understood to be in addition to any agreements Employee signed with Employer concerning confidentiality and non-disclosure, non-competition, non-solicitation, and assignment of inventions or other intellectual property developments, which agreements will remain in full force and effect. Employee expressly acknowledges and agrees that the obligations imposed on Employee in the sections of the Employment Agreement captioned “Company Property”, “Non-Competition; Non-Solicitation”, “Protection of Company Property”, “Intellectual Property”, “Publicity”, “Non-Disparagement” and “Arbitration” (Sections 6, 7, 8, 9, 13, 14 and 21, respectively) remain in full force and effect subsequent to the effective date of Employee’s Severance Date were separation from service and Employee’s execution of this Agreement. Employer acknowledges that the obligations imposed on it under the “Arbitration” and “Indemnification” sections of the Employment Agreement (Sections 21 and 22, respectively) remain in full force and effect subsequent to the effective date of Employee’s separation from service and Employer’s execution of this Agreement.
(i) Employee affirms and agree that Employee will not discriminatory based on agetake, disabilitycopy, raceuse or distribute in any form or manner documents or information that Employer deems proprietary, colorincluding, sexbut not limited to, religiontrade secrets, national origin research and development materials, lists of customers or potential customers, financial information, business and strategic plans, software programs and codes, access codes, and other similar materials or information.
(j) Both parties acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any other classification protected federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if such an administrative claim is made, Employee shall not be entitled to recover any individual monetary relief or other individual remedies. Employee further agrees that Employee will not provide information or testimony in any court action against Employer except pursuant to a lawful subpoena or other valid legal process and that Employee will notify Employer of any subpoena or informal request to testify in Court that Employee receives within 3 business days after Employee’s receipt of such subpoena or informal request.
j. Employee affirms (k) Both parties acknowledge and affirm that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by separation from service did not arise in the terms context of a “Change of Control” as that term is defined in the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsEmployment Agreement.
Appears in 3 contracts
Samples: General Release Agreement (Terrestar Corp), General Release Agreement (Terrestar Corp), General Release Agreement (Terrestar Corp)
Acknowledgments and Affirmations. a. Employee Executive acknowledges and affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.that:
b. Employee affirms that Employee (a) Executive has not filed, caused to be filed, or presently is not a party to any claim Claim against FFB.Releasees;
c. Employee affirms that Employee (b) Executive has reported all hours worked as of the date Executive signs this release and has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may normally paid as of this date and all other compensation due will be entitled.
d. Employee paid per the applicable compensation plan. Executive affirms that Employee Executive has been granted any leave to which Employee Executive was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.laws and has not been subjected to retaliation for taking such leave;
e. Employee affirms that Employee (c) Executive has no known unclaimed workplace injuries or occupational diseases.diseases of which Executive is aware as of the Retirement Date;
f. Employee affirms that Employee (d) Executive has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Releasees and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s Releasees’ policies and/or Employeeand Executive’s agreement(s) with FFB.Releasees and/or common law, even if Executive accepts a position with a company that competes with Releasees or if Executive as an individual competes with Releasees;
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee (e) Executive has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officersReleasees, including any allegations of corporate fraud.
i. Employee affirms . Both Parties acknowledge that all this Retirement Date Separation Agreement and General Release does not limit either Party’s right, where applicable, to file or participate in an investigative proceeding of FFB’s decisions regarding Employee’s pay and benefits through any federal, state or local governmental agency. To the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected extent permitted by law., Executive agrees that if such an administrative claim is made, Executive shall not be entitled to recover any individual monetary relief or other individual remedies;
j. Employee affirms that (f) any stock options granted corporate card of a financial institution issued to Employee under any FFB option program that have not vested by Employee’s Severance Date shall Executive will be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by canceled upon the terms conclusion of the applicable plan document for those options. At Employee’s Severance Date, Consulting Period and any vested stock options outstanding balances owed by Executive will be treated deducted from Executive’s final Consulting Fees payment and paid directly to the issuing financial institution to the extent permitted under applicable law. Executive hereby authorizes the Company to make such deductions from his final Consulting Fees payment and to make payments to the issuing financial institution as described above, in accordance with the terms applicable law; and
(g) with regard to any payments made to Executive pursuant to this Retirement Date Separation Agreement and General Release, Executive is and shall be solely responsible for all taxes, including, but not limited to, federal, state and local taxes, that may be owed by Executive by virtue of the applicable plan document for those optionsreceipt of any portion of the monetary payment provided under this Retirement Date Separation Agreement and General Release. Executive agrees to indemnify and hold Releasees harmless from any and all liability, including, without limitation, all penalties, interest and other costs that may be imposed by the Internal Revenue Service or other governmental agencies regarding any tax obligations that may arise from the monetary consideration made to Executive pursuant to this Retirement Date Separation Agreement and General Release.
Appears in 2 contracts
Samples: Retirement and Consulting Agreement, Retirement and Consulting Agreement (Superior Uniform Group Inc)
Acknowledgments and Affirmations. a. Employee affirms You affirm that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has you have not filed, caused to be filed, or and are presently is not a party to to, any claim against FFB.
c. Employee affirms that Employee has the Company. You also affirm that, other than any payments or benefits set forth in this Agreement, you have been paid and/or has have received all compensation, wages, bonuses, commissions, and/or benefits to which Employee you may be have been eligible or entitled.
d. Employee affirms . You affirm that Employee has you have been granted any leave to which Employee was you were entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee affirms . You also affirm that Employee has you have no known workplace injuries or occupational diseases.
f. Employee affirms diseases that Employee has are not divulged any the subject of FFB’s Confidential Information (as defined in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFB.
g. Employee affirms pending Workers Compensation claims. You further affirm that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has you have not been retaliated against for reporting any allegations of wrongdoing by FFB the Company or its officers, including any allegations of corporate fraud.
i. Employee affirms . The Company and you both acknowledge that all of FFBthis Agreement does not limit either’s decisions regarding Employee’s pay and benefits through right, where applicable, to file a claim with or participate in an investigation or proceeding by the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin Equal Employment Opportunity Commission (EEOC) or any other classification protected comparable federal, state or local governmental agency. To the extent permitted by law.
j. Employee affirms , you agree that if such an administrative claim is made, you shall not be entitled to recover any stock options granted individual monetary relief or other individual remedies. You acknowledge and understand that nothing in this Agreement serves as a waiver of your rights under the Company’s 401(k) Savings and Profit Sharing Plan, Supplemental Executive Retirement Plan (SERP) and equity, phantom equity and incentive compensation awards. [You further acknowledge and understand that the benefit you receive from your use of the discount card after your last day of employment, including but not limited to Employee the value of the discount you receive, is considered taxable income under any FFB option program the current U.S. tax regulations, and that have you — not vested by Employee’s Severance Date the Company — shall be considered lapsedsolely responsible for tracking, calculating, reporting and paying any taxes in connection with such income to the I.R.S. You further agree to indemnify and defend the Company in connection with any taxes or penalties the Company may incur or be forever unexercisable by Employee unless otherwise provided assessed by the terms I.R.S with respect to your use of the applicable plan document for those options. At Employee’s Severance Datesuch discount card after your last day of employment, including but not limited to any vested stock options will be treated failure by you to track, calculate, report or pay any taxes in accordance connection with the terms your use of the applicable plan document for those options.such discount card.](1)
Appears in 2 contracts
Samples: Employment Agreement (Fifth & Pacific Companies, Inc.), Employment Agreement (Fifth & Pacific Companies, Inc.)
Acknowledgments and Affirmations. a. Employee Executive affirms that Employee Executive has complied with all laws and regulations applicable to FFB’s operations.
b. Employee Executive affirms that Employee Executive has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Employee Executive affirms that Employee Executive has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee Executive may be entitled.
d. Employee Executive affirms that Employee Executive has been granted any leave to which Employee Executive was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee Executive affirms that Employee Executive has no known workplace injuries or occupational diseases.
f. Employee Executive affirms that Employee Executive has not divulged any of FFB’s Confidential Information (as defined in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or EmployeeExecutive’s agreement(s) with FFB.
g. Employee Executive affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee Executive affirms that Employee Executive has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. Employee Executive affirms that all of FFB’s decisions regarding EmployeeExecutive’s pay and benefits through the date of EmployeeExecutive’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee Executive affirms that any stock options granted to Employee Executive under any FFB option program that have not vested by EmployeeExecutive’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee Executive unless otherwise provided by the terms of the applicable plan document and/or related agreement for those options. At EmployeeExecutive’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document and/or related agreement for those options.
k. Executive affirms that any restricted stock granted to Executive under any FFB restricted stock program that have not vested by Executive’s Severance Date shall be considered lapsed, and be forever forfeited by Executive unless otherwise provide by the terms of the applicable plan document and/or related agreement for those restricted shares. At Executive’s Severance Date, any vested restricted stock will be treated in accordance with the terms of the applicable plan document and related agreement for those restricted shares.
Appears in 2 contracts
Samples: Severance and Change in Control Agreement (First Financial Bancorp /Oh/), Severance and Change in Control Agreement (First Financial Bancorp /Oh/)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. (a) Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFBEmployer. Nothing in this Agreement or these Affirmations is intended to impair Employee’s rights under whistleblower laws or cause Employee to disclose Employee’s participation in any governmental whistleblower program or any whistleblowing statute(s) or regulation(s) allowing for anonymity.
c. (b) Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, paid sick leave, predictability pay, and/or benefits to which are due and payable as of the date Employee may be entitled.
d. signs this Agreement and Employee has been reimbursed for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment. Employee further affirms that Employee has submitted expense reports for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related and state or and local leave or and disability accommodation laws.
e. (c) Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. (d) Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFBEmployer and/or common law. Under the federal Defend Trade Secrets Act of 2016, Employee shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (a) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (b) is made to Employee’s attorney in relation to a lawsuit against Employer for retaliation against Employee for reporting a suspected violation of law; or (c) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
g. (e) Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee further affirms that Employee has not been retaliated against for reporting reported internally to Employer any allegations of wrongdoing by FFB Employer or its officers, including any allegations of corporate fraud, and Employee has not been retaliated against for reporting any such allegations internally to Employer.
i. (f) Employee affirms that all of FFB’s decisions regarding and Employer acknowledge Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin rights to make truthful statements or any other classification protected disclosures required by law.
j. Employee affirms that any stock options granted , regulation, or legal process and to Employee under any FFB option program that have not vested by Employee’s Severance Date request or receive confidential legal advice, and nothing in this Agreement shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for deemed to impair those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsrights.
Appears in 2 contracts
Samples: Separation Agreement (Enliven Therapeutics, Inc.), Separation Agreement (Enliven Therapeutics, Inc.)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim or administrative proceeding against FFB.
c. Employee affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. the Company. Employee affirms that Employee has been granted any leave to which Employee was entitled and requested under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Company and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBthe Company’s policies and/or and Employee’s agreement(s) with FFB.
g. the Company and/or common law. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB the Company or its officers, including any allegations of corporate fraud.
i. . Both parties acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if such an administrative claim is made, Employee shall not be entitled to recover any individual monetary relief or other individual remedies. Employee affirms that all of FFBthe Company’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. Employee agrees that this Agreement is written in a manner that enables him/her to fully understand its content and meaning. Employee agrees he is waiving and releasing claims (including those asserted under the ADEA) in exchange for valuable consideration identified above that is in addition to anything of value to which he is already entitled.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 2 contracts
Samples: Separation Agreement (vTv Therapeutics Inc.), Retirement Agreement (vTv Therapeutics Inc.)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s 's operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Employee affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee affirms that Employee has no known workplace injuries or occupational diseases.
f. Employee affirms that Employee has not divulged any of FFB’s 's Confidential Information (as defined in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s 's policies and/or Employee’s 's agreement(s) with FFB.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. Employee affirms that all of FFB’s 's decisions regarding Employee’s 's pay and benefits through the date of Employee’s 's Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s 's Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s 's Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 2 contracts
Samples: Employment Agreement, Employment and Non Competition Agreement (First Financial Bancorp /Oh/)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Gerber. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. . Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee also affirms that Employee he has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Gerber and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBGerber’s policies and/or and Employee’s agreement(s) with FFB.
g. Gerber and/or common law. Employee further affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB Gerber or its officers, including any allegations of corporate fraud.
i. . Both Parties acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if such an administrative claim is made, he shall not be entitled to recover any individual monetary relief or other individual remedies. Employee affirms that all of FFBGerber’s decisions regarding Employee’s his pay and benefits through the date of Employee’s Severance Date his execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 2 contracts
Samples: Confidential Agreement and General Release (Gerber Scientific Inc), Confidential Agreement and General Release (Gerber Scientific Inc)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Employer. Nothing in this Agreement or these Affirmations is intended to impair Employee’s rights under whistleblower laws or cause Employee to disclose Employee’s participation in any governmental whistleblower program or any whistleblowing statute(s) or regulation(s) allowing for anonymity. Employee affirms that Employee has reported all hours worked as of the date Employee signs this Agreement and has been paid and/or has received all compensation, wages, bonuses, commissions, paid sick leave, predictability pay, and/or benefits which are due and payable as of the date Employee signs this Agreement, and Employee has been reimbursed for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment. Employee further affirms that Employee has submitted expense reports for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment for any period up to which and including the date Employee may be entitled.
d. signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related and state or and local leave or and disability accommodation laws.
e. . Employee affirms that Employee has no known or unreported workplace injuries or occupational diseases.
f. . Employee affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFB.
g. Employee affirms Employer and/or common law, including but not limited to those contained in Section 7 of that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the certain Employment Agreement.
h. , effective as of September 5, 2017, as such agreement may have been amended (the “Confidentiality Agreement”). Under the federal Defend Trade Secrets Act of 2016, Employee shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (a) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (b) is made to Employee’s attorney in relation to a lawsuit against Employer for retaliation against Employee for reporting a suspected violation of law; or (c) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Employee affirms that Employee has not been retaliated against for reporting reported internally to Employer any allegations of wrongdoing by FFB Employer or its officers, including any allegations of corporate fraud.
i. , and Employee affirms that all has not been retaliated against for reporting or objecting to any such allegations internally to Employer. Employee agrees to reasonably cooperate with Employer in regard to the transition of FFB’s decisions regarding business matters handled by Employee during Employee’s pay employment with Employer and benefits through in regard to any litigation brought by or against Employer. Employee agrees to refrain from making statements that are maliciously disparaging or defamatory about Releasees, or Releasees’ customers, suppliers, or vendors, including but not limited to communications on social media websites such as Facebook, Twitter, LinkedIn, or Glassdoor on blogs, by text or email or other electronic means. Employee shall not apply in the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by lawfuture for employment with Employer.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Samples: Separation Agreement and General Release (Photronics Inc)
Acknowledgments and Affirmations. a. Employee The Executive hereby confirms the termination of his employment with the Company and resigns from all positions and offices with the Company and each of its subsidiaries and affiliates, including from the Board of Trustees of Americold Realty Trust, and the board of trustees or directors of any subsidiaries of the Company, as applicable, in each case, to take effect on [__]. In so doing, the Executive understands and agrees that he shall no longer represent, or hold himself out as representing, the Company or any of its affiliates at any industry groups, professional associations or any of their respective boards or governing bodies and shall promptly resign from such bodies to the extent his membership, directorship or affiliation was obtained as a result of his service to or as a representative of the Company or any of its affiliates
b. Executive affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee Executive has not filed, filed or caused to be filed, or presently filed and is not a party to any claim claim, complaint, or action against FFBany of the Released Parties in any forum or form.
c. Employee Executive also affirms that Employee Executive has reported all hours worked as of the date Executive executes this Severance Agreement and has been paid and/or or has received all compensation, wages, bonuses, commissions, and/or commissions and benefits to which Employee Executive may be entitledentitled and that no other compensation, wages, bonuses, commissions or benefits are due to Executive.
d. Employee Executive further affirms that Employee Executive has no known workplace injuries or occupational diseases. Executive also affirms that Executive has been granted any leave to which Employee Executive was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee Executive also affirms that Employee has no known workplace injuries or occupational diseases.
f. Employee affirms that Employee has not divulged any of FFB’s Confidential Information (as defined in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFB.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee Executive has not been retaliated against for reporting any allegations of wrongdoing by FFB the Company or any of its officers, including any directors, trustees, or associates including, but not limited to, allegations of corporate fraud.
i. Employee f. Executive further affirms that all of FFBthe Company’s decisions regarding EmployeeExecutive’s pay and benefits through the date of EmployeeExecutive’s execution of this Severance Date Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin origin, or any other classification protected by law.
j. Employee affirms g. Executive acknowledges that no provision of this Agreement or any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date other Agreement between Executive and the Company shall be considered lapsedconstrued to prohibit or otherwise restrict Executive from lawfully reporting waste, and be forever unexercisable by Employee unless otherwise provided by the terms fraud, or abuse to a designated investigative or law enforcement representative of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsa federal department or agency authorized to receive such information.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. any Company Released Party. Employee also represents and warrants that there has been no assignment or other transfer of any interest in any claim by Employee that is covered by the release set forth in Paragraph 5(a). Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitled.
d. signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Company and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBthe Company’s policies and/or and Employee’s agreement(s) with FFB.
g. the Company and/or common law. Employee affirms that hereby represents and warrants he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the breached any of his obligations under Section 9 of his Employment Agreement.
h. . Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB the Company or its officers, including any allegations of corporate fraud.
i. . Employee affirms that all of FFBthe Company’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. Employee hereby represents and warrants he has not breached any of his obligations under Section 10 of his Employment Agreement.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee and Employer each affirms to the other that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee it has not filed, caused to be filed, or and presently is not a party to any claim filed against FFB.the other and has released any and all claims not explicitly preserved by Employee to receive the consideration provided hereunder;
b. Employee affirms he has no known workplace injuries, diseases or occupational illnesses and further affirms that he is unaware of any facts that could be the basis for a claim of discrimination against the Employer;
c. Employee affirms he will continue to maintain the confidentiality of Employer’s confidential and other non-public information consistent with Employer’s policies attorney-client privileges, and common law, except as compelled by judicial process or court or governmental order or proceeding;
d. Employee also affirms that upon receipt of the consideration to be paid or provided to Employee has under Paragraph 2 hereof, he will have been paid and/or has have received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. entitled based on services performed and Employee’s execution of this Agreement, subject to terms of this Agreement. Employee affirms that Employee he has been granted any leave to which Employee he was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.;
e. Both Employer and Employee affirms acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding, to the extent permitted by law, before the U.S. Equal Employment Opportunity Commission providing that Employee has no known workplace injuries shall not be entitled to recover any individual monetary relief or occupational diseases.other individual remedies;
f. In the event any claim is made by Employee affirms that is not barred by this Agreement and any remedy is provided upon such a claim by Employee, all monies paid hereunder shall be a set–off against and shall be used to satisfy any relief or recovery award to Employee has and if Employee files any claim of any kind whatsoever, not divulged explicitly preserved by Employee under this Agreement (excluding cross, counter or similar claims that he may bring in response to any claim brought against him by Getty), he shall return all of FFB’s Confidential Information (as defined in the Employment Agreement) consideration paid under Paragraph 2 above and will continue shall pay the cost of the legal fees incurred by Employer to maintain the confidentiality of such information consistent with statute or common defend that action, subject to applicable law, FFB’s policies and/or Employee’s agreement(s) with FFB.; and,
g. Employee affirms represents he has returned all of Employer’s equipment (except the Dell Latitude 430, Magellan 2000, Blackberry and Canon camera, which he shall be permitted to retain in consideration hereof) and has no knowledge that he has not violated any original or copies of any Company documents and will continue information, regardless of the form, and agrees to comply with return such documents and information, or forward to the nonxxxxxx@xxxxxxxxxxx.xxx e-competition, nonmail account any e-solicitation and nonmails regarding Company business received or sent from any e-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. Employee affirms that all of FFB’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee mail account under any FFB option program his control that have not vested by Employee’s Severance Date shall be considered lapsedbeen deleted, if he finds any in his possession and be forever unexercisable by Employee unless otherwise provided by will thereafter purge any Company data stored in any electronic form in his possession prior to the terms end of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsRevocation Period.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee Transition and Separation Agreement (2023)
(a) Executive affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee Executive has not filed, caused to be filed, or presently is not a party to any claim against FFBthe Company. Executive further agrees, promises and covenants that neither Executive nor any other person, organization or entity acting on Executive’s behalf, will file, charge, claim, sue or cause or permit to be filed or charged, any action or claim for damages or other relief (including, but not limited to, injunctive, declaratory or other equitable relief) against the Company, concerning, relating to, or arising out of any matter occurring at any time in the past and up to and including the date Executive signs this Agreement, including but not limited to any and all claims for relief and/or damages which relate to, concern or arise out of Executive’s employment with the Company. In the event of a breach of this Section, Executive agrees to hold harmless and indemnify the Company from and against any and all losses, costs, damages, penalties, fines, judgments, interest or expenses including, without limitation, attorneys’ fees, incurred by the Company by reason of any such claims asserted by Executive, or by any person, organization or other entity acting on his behalf or with his permission or cooperation.
c. Employee (b) Executive also affirms that Employee Executive has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee Executive may be entitled.
d. Employee . Executive affirms that Employee Executive has been granted any leave to which Employee Executive was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee (c) Executive further affirms that Employee Executive has no known workplace injuries or occupational diseases, and that Executive has not been subjected to sexual harassment, sexual abuse or a hostile work environment based on gender.
f. Employee (d) Executive also affirms that Employee Executive has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Company and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBthe Company’s policies and/or Employeeand Executive’s agreement(s) with FFBthe Company and/or common law.
g. Employee (e) Executive further affirms that he has Executive is not violated and will continue to comply aware of any violations of any applicable federal, state, or local law or regulation committed by Executive or any other Company employee that occurred during Executive’s employment with the non-competitionCompany, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee Executive has not been retaliated against for reporting any allegations of wrongdoing by FFB the Company or its officers, including any allegations of corporate fraud.
i. Employee affirms . Both Parties acknowledge that all of FFB’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date were this Agreement is not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsedintended to, and be forever unexercisable by Employee unless shall not, prohibit or restrict Executive from filing a charge with a government agency or entity (such as the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, or the U.S. Securities and Exchange Commission), testifying, assisting, or otherwise provided by the terms of the applicable plan document for those options. At Employeeparticipating in an investigation with any such government agency or entity in connection with Executive’s Severance Date, any vested stock options will be treated in accordance employment or separation from employment with the terms Company, or reporting possible violations of the federal, state, or local law or regulation as protected under applicable plan document for those optionswhistleblower provisions to any such government agency or entity.
Appears in 1 contract
Samples: Transition and Separation Agreement (Faro Technologies Inc)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently and is not presently a party to to, any claim claim, charge, action or other legal proceeding against FFB.
c. Releasees in any forum or form as of the date of execution of this Agreement. Employee affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitled.
d. signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee affirms that Employee has returned all of Innodata’s property, documents, and/or confidential information in Employee’s possession or control. Employee also affirms that Employee is in possession of all of Employee’s property that Employee had at Innodata’s premises and that Innodata is not in possession of any of Employee’s property. Employee affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Innodata, its affiliates, subsidiaries or clients and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBInnodata’s policies and/or and Employee’s agreement(s) with FFB.
g. Innodata and/or common law. Employee further affirms that he Employee has not violated provided Innodata with a list of all user names and will continue to comply passwords used by Employee in connection with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee performing services for Innodata. Employee further affirms that (i) Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or Innodata, its officers, or any other Releasee identified in this Agreement, including any allegations of corporate fraud.
i. ; and (ii) to Employee’s knowledge Employee is not presently aware of any wrongdoing or alleged wrongdoing by Innodata, its officers, or any other Releasee identified in this Agreement, including with respect to corporate fraud. Employee affirms that all of FFBInnodata’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s Severance Separation Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Samples: Separation Agreement (Innodata Inc)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Employee affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. b. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against Releasees with any state, federal, or local governmental agency or court or arbitrator.
c. Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. d. Employee also affirms that that, to the best of Employee’s knowledge and belief, Employee has not divulged any proprietary or confidential information acquired by virtue of FFBEmployee’s Confidential Information (as defined in the Employment Agreement) employment and will continue to maintain the confidentiality of such information consistent with statute information. Nothing in this Agreement releases Employee from continuing obligations to protect intellectual property belonging to any of the Releasees.
e. Nothing in this Agreement (i) limits or common law, FFB’s policies and/or affects Employee’s agreement(sright to challenge the validity of this Agreement, including, without limitation, a challenge under the ADEA; (ii) in any way interferes with FFBEmployee’s right and responsibility to give truthful testimony under oath; or (iii) precludes Employee from participating in an investigation, filing a charge or otherwise communicating with any federal, state or local government office, official or agency, including, but not limited to, the Equal Employment Opportunity Commission, Department of Labor, National Labor Relations Board, or the Securities and Exchange Commission. However, Employee promises never to seek or accept any compensatory damages, back pay, front pay, or reinstatement remedies for Employee personally with respect to any claims released by this Agreement.
f. Employee represents that Employee is not presently, nor has Employee ever been, enrolled in Medicare Part A or Part B. (Payments to Medicare beneficiaries may need to be reported to Medicare pursuant to Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007.)
g. Employee affirms that he has not violated specifically understands and will continue to comply with the nonacknowledges that:
1. EMPLOYEE HAS UP TO TWENTY-competitionONE (21) CALENDAR DAYS FOLLOWING THE TERMINATION OF EMPLOYMENT TO CONSIDER THIS GENERAL RELEASE AGREEMENT. THE PARTIES AGREE THAT CHANGES, nonWHETHER MATERIAL OR IMMATERIAL, DO NOT RESTART THE RUNNING OF THE 21-solicitation and non-disparagement covenants set forth in the Employment AgreementDAY CONSIDERATION PERIOD.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud2. EMPLOYEE IS SPECIFICALLY ADVISED TO CONSULT WITH AN ATTORNEY PRIOR TO SIGNING OF THIS GENERAL RELEASE AGREEMENT.
i. Employee affirms that all of FFB’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law3. EMPLOYEE MAY REVOKE THIS GENERAL RELEASE AGREEMENT FOR A PERIOD OF SEVEN (7) CALENDAR DAYS FOLLOWING THE DAY EMPLOYEE SIGNS THIS AGREEMENT.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Samples: General Release and Separation Agreement (Chevron Corp)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. The Pantry or any Releasee in any form or forum. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. . Employee acknowledges that The Pantry’s obligations under this Separation Agreement are in full discharge of any and all of the company’s obligations to Employee of any type whatsoever, whether oral or in writing, including, without limitation, any claims or obligations pursuant to the Employment Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) The Pantry and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBThe Pantry’s policies and/or and Employee’s agreement(s) with FFB.
g. The Pantry and/or common law. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB The Pantry or its officers, including any allegations of corporate fraud.
i. . Both Parties acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if such an administrative claim is made, Employee shall not be entitled to recover any individual monetary relief or other individual remedies. Employee affirms that all of FFBThe Pantry’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s Severance Date 's execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Samples: Separation Agreement (Pantry Inc)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Millington Savings Bank. Employee also affirms that Employee has reported all hours worked as of the date Employee signs this Agreement and has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitled.
d. signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Millington Savings Bank and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBMillington Savings Bank’s policies and/or and Employee’s agreement(s) with FFB.
g. Millington Savings Bank and/or common law. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB Millington Savings Bank or its officers, including any allegations of corporate fraud.
i. . Employee affirms that all of FFBMillington Savings Bank’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s Severance 's Separation Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Employer. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. . Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFB.
g. Employer and/or common law. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB Employer or its officers, including any allegations of corporate fraud.
i. . Both Parties acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if such an administrative claim is made, Employee shall not be entitled to recover any individual monetary relief or other individual remedies. Employee shall not apply in the future for employment with Employer because of, among other things, irreconcilable differences with Employer. Employee affirms that all of FFB’s the Employer's decisions regarding Employee’s 's pay and benefits through the date of Employee’s Severance Date 's execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Acknowledgments and Affirmations. a. (a) Employee affirms that Employee has complied with all laws represents and regulations applicable to FFB’s operations.
b. Employee affirms warrants that Employee has not filedfiled or otherwise initiated any legal action or administrative proceeding of any kind against any of the Releasees and has no knowledge that any such legal action or administrative proceeding (i) has been filed or otherwise initiated or (ii) is contemplated or threatened by any other person or entity on Employee’s behalf. Employee also hereby irrevocably and unconditionally waives and relinquishes any right to seek or recover any monetary relief or other individual remedies for or on account of any of the Released Claims whether for Employee or as a representative or on behalf of others.
(b) Employee represents and warrants that Employee has not assigned, caused to be filedtransferred or sold any of the Released Claims. Employee shall indemnify and hold harmless the Releasees from and against any liability or loss, and for any cost, expense (including attorneys’ fees), judgment, or presently is not a party settlement, based on or arising out of any breach of this Agreement by Employee, to any claim against FFBthe extent permitted by law.
c. (c) Employee affirms represents and warrants that Employee has been paid and/or has received all compensation, wages, including overtime, bonuses, commissions, and/or vacation time, and other benefits to which Employee may be entitledentitled from any of the Releasees except as provided in this Agreement.
d. (d) Employee affirms represents and warrants that Employee has been granted any all leave (paid or unpaid) to which Employee was entitled under the Family state and/or federal FMLA and Medical Leave Act that Employee has not been discriminated or related retaliated against due to Employee’s exercise of rights, if any, under the state or local leave or disability accommodation laws.
e. and/or federal FMLA. Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. (e) Employee affirms represents and warrants that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined the Company or any of the other Releasees. Employee represents he has returned all Company property in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFBpossession, custody, or control whether in electronic or physical form.
g. (f) Employee affirms represents and warrants that he has Employee is not violated and will continue aware of any act, failure to comply with act, practice, policy, or activity of the non-competition, non-solicitation and non-disparagement covenants set forth in Company or any of the Employment other Releasees that Employee considers to be or to have been unlawful or potentially unlawful.
(g) Employee understands that no rights or claims are released or waived that might arise after Employee signs this Agreement.
h. (h) Employee affirms that Employee has will not been retaliated against for reporting disparage in any allegations way, or make negative comments of wrongdoing by FFB any sort, about the Company or its officersAffiliates, including their employees, customers, or vendors, whether orally or in writing, and whether to a third party or to an employee of the Company or its Affiliates. The Company and its subsidiaries will not disparage you in any allegations way, or make negative comments of corporate fraud.
i. Employee affirms that all of FFB’s decisions regarding any sort, about you. This prohibition does not limit Employee’s pay and benefits through right to file a charge with, or participate in, an investigation conducted by any appropriate federal, state or local government agency (such as the date EEOC, NLRB, SEC, DOL or OSHA), nor does it require Employee to provide anything other than truthful information in good faith to the best of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by lawhis ability.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Samples: Severance Agreement (Compass Minerals International Inc)
Acknowledgments and Affirmations. a. (a) Employee affirms confirms that prior to the execution of this Agreement, Employee has complied not revealed its terms to any third parties. Employee agrees not to disclose any information regarding the existence or substance of this Agreement, except to Employee’s spouse, tax advisor, an attorney with all laws and regulations applicable whom Employee chooses to FFBconsult regarding Employee’s operationsconsideration of this Agreement and/or to any federal, state or local government agency. Nothing in this Agreement has the purpose or effect of preventing Employee from making truthful disclosures about alleged unlawful conduct.
b. (b) Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFBEmployer. Nothing in this Agreement or these Affirmations is intended to impair Employee’s rights under whistleblower laws or cause Employee to disclose Employee’s participation in any governmental whistleblower program or any whistleblowing statute(s) or regulation(s) allowing for anonymity.
c. (c) Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, paid sick leave, predictability pay, and/or benefits to which are due and payable as of the date Employee may be entitled.
d. signs this Agreement and Employee has been reimbursed for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related and state or and local leave or and disability accommodation laws.
e. (d) Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. (e) Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFB.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. Employee affirms that all of FFB’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by Employer and/or common law.
j. (f) Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by and Employer acknowledge Employee’s Severance Date rights to make truthful statements or disclosures required by law, regulation, or legal process and to request or receive confidential legal advice, and nothing in this Agreement shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for deemed to impair those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsrights.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee Executive affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.that:
b. Employee affirms that Employee has (a) Releasors have not filed, caused to be filed, or presently is not a party are parties to any claim against FFB.Releasees on behalf of Executive;
c. Employee affirms that Employee (b) Executive has been paid and/or has received all compensation, wages, bonuses, commissions, commissions and/or benefits to which Employee may be entitled.are due and payable as of the date Executive signs this Agreement, and, if applicable, Executive has reported all of the hours Executive worked while Executive was employed by Company as of the date Executive signs this Agreement;
d. Employee affirms that Employee (c) Company has been granted Executive any leave to which Employee Executive was entitled from Company under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.;
e. Employee affirms that Employee (d) Executive has no known workplace injuries or occupational diseases.;
f. Employee affirms that Employee (e) Executive has not divulged any financial, proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Company and will continue to maintain the confidentiality of such information consistent with statute or common lawCompany’s policies, FFB’s policies and/or EmployeeExecutive’s agreement(s) with FFB.Company and/or any applicable common law. As noted above, this Agreement does not limit Executive from providing any documents to the U.S. Securities and Exchange Commission as part of a whistleblower action and/or a report of possible violations of any federal securities law;
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee (f) Executive has not been retaliated against for reporting any allegations of wrongdoing by FFB Company, its officers or its officersany other Releasees described in this Agreement, including any allegations of corporate fraud.;
i. Employee affirms (g) While Executive understands that all this Agreement does not prohibit Executive from disclosing the factual foundation of FFB’s any sexual harassment claim, Executive acknowledges by signing this Agreement that Executive has never raised or reported claims, despite having the opportunity to do so, regarding sexual harassment to anyone at the Company and does not have any basis for any sexual harassment claim against Releasees, and therefore a non-disclosure provision related to sexual harassment claims is not necessary; and
(h) Executive is not aware of any decisions by Company regarding EmployeeExecutive’s pay and benefits through the date of EmployeeExecutive’s Severance Separation Date were not being discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Samples: General Release Agreement (Dime Community Bancshares, Inc. /NY/)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, nor caused to be filed, or nor is Employee presently is not a party to to, or a witness in connection with, any claim claim, complaint or action against FFB.
c. Releasees in any legal or administrative forum. Employee affirms that Employee has been paid for and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. Employee affirms entitled and that Employee has been granted any no other leave (paid or unpaid), compensation, wages, bonuses, commissions or benefits are due to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee affirms that Employee has no known workplace injuries or occupational diseases.
f. Employee affirms that Employee has not divulged any of FFB’s Confidential Information (as defined in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFB.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. . Employee affirms that all of FFBCompany’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s Severance Date 's separation of employment were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. . Employee affirms that Employee has no known workplace injuries or occupational diseases and that Employee has been granted or has not been denied any stock options granted leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee affirms that Employee has not divulged any FFB option program that have not vested by proprietary or confidential information of Company and will continue to maintain the confidentiality of such information consistent with Company’s policies and Employee’s Severance Date agreement(s) with Company and/or common law. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by Company or its officers, including any allegations of corporate fraud. Both Parties acknowledge that this Separation Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if such an administrative claim is made, Employee shall not be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, entitled to recover any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsindividual monetary relief or other individual remedies.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. the Company. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitled.
d. signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Company and will shall continue to maintain the confidentiality of such information consistent with statute or common law, FFBthe Company’s policies and/or and Employee’s agreement(s) with FFB.
g. the Company and/or common law. Employee affirms is hereby provided notice that he has under the 2016 Defend Trade Secrets Act: (i) no individual shall be held criminally or civilly liable under federal or state trade secret law for the disclosure of a trade secret (as defined in the Economic Espionage Act) that is made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and made solely for the purpose of reporting or investigating a suspected violation of law, or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not violated made public, and, (ii) an individual who pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the attorney of the individual and will continue to comply use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal, and does not disclose the trade secret, except as permitted by court order. Employee shall not apply in the future for employment with the non-competitionCompany because of, non-solicitation and non-disparagement covenants set forth in among other things, irreconcilable differences with the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. Company. Employee affirms that all of FFBthe Company’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s Severance Date 's execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. .
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Samples: Transition and Separation Agreement (Verisk Analytics, Inc.)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits which are due and payable as of the date Employee signs this Agreement. Employee further affirms that because Employee will not be employed by the Company through the end of fiscal-year 2016, Employee will not be entitled to which any compensation, bonuses and/or benefits under any Annual Bonus Performance Unit Award Agreement between Employer and Employee. Employee may also affirms that under the Methode Electronics, Inc. 2010 Stock Plan, (i) any vested stock options must be entitled.
d. exercised within three months of the Separation Date or are forfeited, and (ii) any unvested stock options outstanding as of the Separation Date are immediately forfeited. Employee affirms and agrees that he herby resigns from any and all director and/or officer positions he holds with any subsidiary companies owned or controlled by Employer. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee affirms that Employee has shall not divulged any of FFB’s Confidential Information (as defined apply in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent future for employment with statute or common lawEmployer because of, FFB’s policies and/or Employee’s agreement(s) among other things, irreconcilable differences with FFB.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. Employer. Employee affirms that all of FFB’s Employer's decisions regarding Employee’s 's pay and benefits through the date of Employee’s Severance Separation Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Samples: General Release Agreement (Methode Electronics Inc)
Acknowledgments and Affirmations. a. Employee Executive affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee Executive has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Employee the Company. Executive also affirms that Employee Executive has reported all hours worked as of the date Executive signs this Agreement and has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. Employee are due and payable as of the date Executive signs this Agreement (except for the payment of accrued but unpaid vacation set forth in Section 1, COBRA continuation coverage, his accrued and vested benefits under the Company’s 401(k) plan, and his vested rights under outstanding equity awards set forth on Exhibit A). Executive affirms that Employee Executive has been granted any leave to which Employee Executive was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee b. Executive further affirms that Employee Executive has no known workplace injuries or occupational diseases.
f. Employee diseases that have not been reported to the Company in writing or adjudicated. Executive also affirms that Employee Executive has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Company and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBthe Company’s policies and/or Employeeand Executive’s agreement(s) with FFBthe Company and/or common law.
g. Employee c. Executive further affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee Executive has not been retaliated against for reporting any allegations of wrongdoing by FFB the Company or its officers, including any allegations of corporate fraud.
i. Employee . Executive affirms that all of FFBthe Company’s decisions regarding Employee’s Executive's pay and benefits through the date of Employee’s Severance Date Executive's execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee d. The Company affirms that it is currently not aware of any stock options granted to Employee under any FFB option program claims that it or its subsidiaries, predecessors or assigns have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsagainst Executive.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. any Releasee. Employee also represents and warrants that there has been no assignment or other transfer of any interest in any claim by Employee that is covered by the release set forth in Section 4(a). Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitled.
d. signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Company and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBthe Company’s policies and/or and Employee’s agreement(s) with FFB.
g. the Company and/or common law. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB the Company or its officers, including any allegations of corporate fraud.
i. . Employee affirms that all of FFBthe Company’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee . The Parties have previously entered into an indemnification agreement for the benefit of Executive, effective February 14, 2005 (the “Indemnification Agreement”), a copy of which has previously been provided to Executive. The Company affirms that it will continue to comply with its obligations under the Indemnification Agreement, and acknowledges and agrees that any stock options granted to Employee under any FFB option program that have not vested by such indemnification obligations shall cover the Employee’s Severance Date consulting services provided to, or on behalf of, the Company following the Retirement Date. For avoidance of doubt, no provisions of this Agreement shall be considered lapsedconstrued as a waiver, and be forever unexercisable by Employee unless otherwise modification or reduction of Employee's rights to exculpation, insurance, indemnification or any expense reimbursement or advancement as provided by under the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsIndemnification Agreement.
Appears in 1 contract
Samples: Executive Retirement Agreement (Health Care Reit Inc /De/)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFBEmployer.
c. b. Employee affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, commissions and/or benefits to which Employee may be entitled.
d. entitled as of the Separation Date, except for a payout of all accrued but unused PTO, which shall be paid to Employee in a lump sum within twenty-eight (28) calendar days following Employee’s Separation Date. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee affirms that Employee has no known workplace injuries or occupational diseases.
f. Employee affirms that Employee has not divulged any of FFB’s Confidential Information (as defined in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFB.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. . Employee affirms that all of FFBthe Company’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date execution of this Agreement were not discriminatory based on age, disability, race, color, sex, sexual orientation, gender identity, religion, national origin origin, protected veteran status or any other classification protected by law.
j. c. Employee affirms Employee has no known workplace injuries or occupational diseases.
d. Employee affirms Employee has not divulged any proprietary or confidential information of Employer and will continue to maintain the confidentiality of such information consistent with Employer’s policies and Employee’s agreement(s) with Employer and/or common law.
e. Employee further affirms Employee has not been retaliated against for reporting any allegations of wrongdoing by Employer or its officers, including any allegations of corporate fraud.
f. Employee affirms Employee is not a Medicare or Medicaid beneficiary as of the date of this Agreement and, therefore, no conditional payments have been made by Medicare or Medicaid.
g. Employee affirms that until the Separation Date, Employee was responsible for establishing and maintaining disclosure controls and procedures and internal control over financial reporting for the Company and is unaware of any stock options granted material weakness in such controls and procedures that should be brought to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms attention of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms Board of Directors of the applicable plan document for those optionsCompany or any committee thereof. Nor is Employee aware of any material misstatement of the Company's annual or interim financial statements or any inappropriate accounting entries, including any entries that accelerate revenue into the current period, defer expenses into a subsequent period, or capitalize costs that should be expensed.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee he has not filed, caused to be filed, or and presently is not a party to any claim filed against FFB.the Employer and has released any and all claims not explicitly preserved hereunder;
b. Employee affirms he has no known workplace injuries, diseases or occupational illnesses and further affirms that he is unaware of any facts that could be the basis for a claim of discrimination against the Employer;
c. Employee also affirms that upon receipt of the consideration and amounts to be paid or provided to Employee has as provided under Paragraph 3 hereof, he will have been paid and/or has have received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. entitled based on services performed and Employee’s execution of this Agreement, subject to terms of this Agreement. Employee affirms that Employee he has been granted any leave to which Employee he was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.;
d. Both Employer and Employee acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding, to the extent permitted by law, before the U.S. Equal Employment Opportunity Commission providing that Employee shall not be entitled to recover any individual monetary relief or other individual remedies;
e. In the event that any claim is made by Employee affirms that is not barred by this Agreement and any remedy is provided upon such a claim by Employee, all monies paid to Employee has no known workplace injuries pursuant to Paragraph 3.a.(1) and (4) and Paragraph 3.c. hereof shall be a set-off against and shall be used to satisfy any relief or occupational diseases.recovery award to Employee, and if Employee files any claim of any kind whatsoever, not explicitly preserved by Employee under this Agreement (excluding cross, counter or similar claims that he may bring in response to any claim brought against him by Getty), he shall return all of the consideration paid under Paragraph 3.a.(1) and (4) and Paragraph 3.c. above and shall pay the reasonable cost of the legal fees incurred by Employer to defend that action, subject to applicable law; and,
f. Employee affirms that Employee he has not divulged any returned all of FFBEmployer’s Confidential Information property and equipment (as defined in except the Employment Agreementcomputer, monitors and printer provided to him by the Company that he has been allowed to retain) and has no knowledge that he has any original or copies of any Company documents and information, regardless of the form, and agrees to return such documents and information, or forward to the xxxxx@xxxxxxxxxxx.xxx e-mail account any e-mails regarding Company business received or sent from any e-mail account under his control that have not been deleted, if he finds any in his possession and will continue thereafter purge any Company data stored in any electronic form in his possession prior to maintain the confidentiality end of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFBthe Revocation Period.
g. Employee affirms that and agrees that, except as otherwise authorized by the CEO or his designee, he has not violated terminated his access to and will continue privileges with respect to comply with all of the non-competitionEmployer’s written and electronic records, non-solicitation files, and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officerssystems, including any allegations of corporate fraud.
i. Employee affirms that all of FFB’s decisions regarding Employee’s pay but not limited to computer systems, data bases, operating files and benefits through the date of Employee’s Severance Date were not discriminatory based on agesystems, disabilitycorporate, racefinancial, coloraccounting, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsedreal estate records and files, and be forever unexercisable by Employee unless otherwise provided by email systems and accounts, and has transferred to the terms CEO or his designee, all passwords, administrator rights or privileges, access to and operational control over, all such records, files and systems, in a manner that protects the integrity and confidentiality thereof and does not result in any disruption of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms operations of the applicable plan document for those optionsCompany and the Company’s maintenance of and access to such records, files and systems.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Releasees. Employee also affirms that that, except as expressly provided herein, Employee has been paid and/or has received all compensation, wages, bonuses, severance, commissions, incentive compensation and/or benefits that are due and payable to which Employee may be entitled.
d. under the terms of any agreement, policy, practice, program or plan. Employee affirms that Employee has been granted any leave all leaves to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Company and will continue to maintain the confidentiality of such information consistent with statute or the Company’s policies, any agreement signed by Employee, including, if applicable, any proprietary information and inventions agreement, which is expressly incorporated herein by reference, and/or common law, FFB’s policies and/or Employee’s agreement(s) with FFB.
g. . Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB the Company or its officers, including any allegations of corporate fraud.
i. . Employee affirms that all of FFBthe Company’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Transition Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. . Employee affirms agrees that, after the Transition Date, he will not represent himself as being an employee, officer, attorney, agent or representative of the Company for any purpose. Without limiting the foregoing, Employee specifically agrees to update any and all social media accounts the Employee accesses, uses or maintains to reflect the fact that any stock options granted to the Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided is no longer employed by the terms Company within sixty (60) days of the applicable plan document for those optionsTransition Date. At Employee’s Severance DateFor purposes of this paragraph, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionssocial media accounts include but are not limited to Facebook, LinkedIn, Twitter and Four Square.
Appears in 1 contract
Samples: Garden Leave and General Release Agreement (KAMAN Corp)
Acknowledgments and Affirmations. a. (a) Employee affirms that Employee has complied with all laws represents and regulations applicable to FFB’s operations.
b. Employee affirms warrants that Employee has not filedfiled or otherwise initiated any legal action or administrative proceeding of any kind against any of the Releasees and has no knowledge that any such legal action or administrative proceeding (i) has been filed or otherwise initiated or (ii) is contemplated or threatened by any other person or entity on Employee’s behalf. Employee also hereby irrevocably and unconditionally waives and relinquishes any right to seek or recover any monetary relief or other individual remedies for or on account of any of the Released Claims whether for Employee or as a representative or on behalf of others.
(b) Employee represents and warrants that Employee has not assigned, caused to be filedtransferred or sold any of the Released Claims. Employee shall indemnify and hold harmless the Releasees from and against any liability or loss, and for any cost, expense (including attorneys’ fees), judgment, or presently is not a party settlement, based on or arising out of any breach of this Agreement by Employee, to any claim against FFBthe extent permitted by law.
c. (c) Employee affirms represents and warrants that Employee has been paid and/or has received all compensation, wages, including overtime, bonuses, commissions, and/or vacation time, and other benefits to which Employee may be entitledentitled from any of the Releasees except as provided in this Agreement.
d. (d) Employee affirms represents and warrants that Employee has been granted any all leave (paid or unpaid) to which Employee was entitled under the Family state and/or federal FMLA and Medical Leave Act that Employee has not been discriminated or related retaliated against due to Employee’s exercise of rights, if any, under the state or local leave or disability accommodation laws.
e. and/or federal FMLA. Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. (e) Employee affirms represents and warrants that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined the Company or any of the other Releasees. Employee represents she has returned all Company property in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFBpossession, custody, or control whether in electronic or physical form.
g. (f) Employee affirms represents and warrants that he has Employee is not violated and will continue aware of any act, failure to comply with act, practice, policy, or activity of the non-competition, non-solicitation and non-disparagement covenants set forth in Company or any of the Employment other Releasees that Employee considers to be or to have been unlawful or potentially unlawful.
(g) Employee understands that no rights or claims are released or waived that might arise after Employee signs this Agreement.
h. (h) Employee affirms that Employee has will not been retaliated against for reporting disparage in any allegations way, or make negative comments of wrongdoing by FFB any sort, about the Company or its officersAffiliates, including their employees, customers, or vendors, whether orally or in writing, and whether to a third party or to an employee of the Company or its Affiliates. The Company and its subsidiaries will not disparage you in any allegations way, or make negative comments of corporate fraud.
i. Employee affirms that all of FFB’s decisions regarding any sort, about you. This prohibition does not limit Employee’s pay and benefits through right to file a charge with, or participate in, an investigation conducted by any appropriate federal, state or local government agency (such as the date EEOC, NLRB, SEC, DOL or OSHA), nor does it require Employee to provide anything other than truthful information in good faith to the best of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by lawher ability.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Samples: Severance Agreement (Compass Minerals International Inc)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Releasees. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits which are due and payable as of the date Employee signs this Agreement. Employee affirms and agrees that his separation from employment was a voluntary resignation and that it does not constitute a resignation by him for Good Reason as Good Reason is defined in the RSU Agreement. Employee acknowledges that, to which the extent set forth Paragraph 5 above, this Agreement contains a release of any and all claims Employee may be entitled.
d. have under the Massachusetts Wage Act and that this Agreement is intended to resolve any and all disputes related to wages, commissions, or other compensation. Employee affirms that Employee has been granted any leave to which Employee was entitled from Employer under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee also affirms that Employee has not divulged any financial, proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common lawEmployer’s policies, FFB’s policies and/or Employee’s agreement(s) with FFB.
g. Employer and/or any applicable common law. As noted above, this Agreement does not limit Employee affirms that he has not violated from providing any documents to the U.S. Securities and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Exchange Commission as part of a whistleblower action and/or a report of possible violations of any federal securities law. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB Employer, its officers or its officersany other Releasees identified in this Agreement, including any allegations of corporate fraud.
i. Employee affirms that all of FFB’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Acknowledgments and Affirmations. a. (a) Employee affirms confirms that prior to the execution of this Agreement, Employee has complied not revealed its terms to any third parties. Employee agrees not to disclose any information regarding the existence or substance of this Agreement, except to Employee’s spouse, tax advisor, an attorney with all laws and regulations applicable whom Employee chooses to FFBconsult regarding Employee’s operationsconsideration of this Agreement and/or to any federal, state or local government agency. Nothing in this Agreement has the purpose or effect of preventing Employee from making truthful disclosures about alleged unlawful conduct.
b. (b) Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFBthe Company. Nothing in this Agreement or these Affirmations is intended to impair Employee’s rights under whistleblower laws or cause Employee to disclose Employee’s participation in any governmental whistleblower program or any whistleblowing statute(s) or regulation(s) allowing for anonymity.
c. (c) Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, paid sick leave, predictability pay, and/or benefits to which are due and payable as of the date Employee may be entitled.
d. signs this Agreement and Employee has been reimbursed for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment. Employee further affirms that Employee has submitted expense reports for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related and state or and local leave or and disability accommodation laws.
e. (d) Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. (e) Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Company and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBthe Company’s policies and/or and Employee’s agreement(s) with FFBthe Company and/or common law. Under the federal Defend Trade Secrets Act of 2016, Employee shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (a) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (b) is made to Employee’s attorney in relation to a lawsuit against the Company for retaliation against Employee for reporting a suspected violation of law; or (c) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
g. (f) Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. Employee affirms that all of FFB’s decisions regarding Company acknowledge Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin rights to make truthful statements or any other classification protected disclosures required by law.
j. Employee affirms that any stock options granted , regulation, or legal process and to Employee under any FFB option program that have not vested by Employee’s Severance Date request or receive confidential legal advice, and nothing in this Agreement shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for deemed to impair those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsrights.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. the Company. Employee also affirms that if Employee was classified as non-exempt from overtime laws, that Employee has reported all hours worked as of the date Employee signs this Agreement and has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitled.
d. signs this Agreement. Employee also affirms that Employee has been granted any paid for all of Employee’s accrued, unused vacation, paid time off and personal days. Employee further affirms that Employee has been reimbursed for all expenses Employee incurred in performing Employee’s duties or in following the Company’s directions. Employee affirms that the Company has made available all leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee also affirms that Employee has not divulged any of FFB’s Confidential Personal Health Information (as defined in “PHI”), proprietary or confidential information of the Employment Agreement) Company and will continue to maintain the confidentiality of such information consistent with statute or common lawHIPAA, FFBthe Company’s policies and/or and Employee’s agreement(s) with FFB.
g. the Company and/or common law. If Employee affirms that he has placed any PHI or confidential or proprietary information on Employee’s personal computer, phone, or electronic data storage device which was not violated and returned to the Company, Employee will continue tender the device to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in Company for removal of the Employment Agreement.
h. information. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB the Company or its officers, including any allegations of corporate fraud.
i. . Employee affirms that all of FFBCompany’s decisions regarding Employee’s 's pay and benefits through the date of Employee's execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. Employee affirms that all of Company’s Severance decisions regarding Employee's pay and benefits through the date of Employee's Separation Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.that:
b. Employee affirms that Employee has a. Releasors have not filed, caused to be filed, or presently is not a party are parties to any claim against FFB.Releasees;
c. Employee affirms that b. Employee has been paid and/or has received all compensation, wages, bonuses, commissions, commissions and/or benefits to which are due and payable as of the date Employee may be entitled.
d. Employee affirms that signs this Agreement, and, if applicable, Employee has been reported all of the hours Employee worked while Employee was employed by Employer as of the date Employee signs this Agreement;
c. Employer has granted Employee any leave to which Employee was entitled from Employer under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.;
e. Employee affirms that d. Employee has no known workplace injuries or occupational diseases.;
f. Employee affirms that e. Employee has not divulged any financial, proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common lawEmployer’s policies, FFB’s policies and/or Employee’s agreement(s) with FFB.Employer and/or any applicable common law. As noted above, this Agreement does not limit Employee from providing any documents to the U.S. Securities and Exchange Commission as part of a whistleblower action and/or a report of possible violations of any federal securities law;
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that f. Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB Employer, its officers or its officersany other Releasees described in this Agreement, including any allegations of corporate fraud.;
i. g. Employee affirms that all has not raised any concerns pertaining to sexual harassment with Employer; and
h. All of FFBEmployer’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Separation Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Samples: General Release Agreement (Dime Community Bancshares Inc)
Acknowledgments and Affirmations. Employee acknowledges and affirms that:
a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently and is not currently a party to to, any claim against FFBEmployer or the Releasees.
c. Employee affirms that b. Other than for days worked in the present pay cycle in which the Separation Date falls, and monies which are promised pursuant to this Separation Agreement, Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled, except for any vested benefits pursuant to the Employee Retirement Income Security Act of 1974, as amended under any retirement plan(s) of Employer, to which Employee may be entitled to in the future.
d. Employee affirms that c. Employee has been granted and received any and all time off and leaves of absence (paid or unpaid) to which Employee may have been entitled during Employee’s employment, including but not limited to any leave to which Employee was entitled under the Family and Medical Leave Act or related federal, state or local leave or disability accommodation laws.
e. Employee affirms that d. Employee has no known workplace injuries or occupational diseasesdiseases that Employee has not already reported to Employer or Employer’s Workers’ Compensation insurance carrier.
f. Employee affirms that e. Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFBEmployer and/or common law.
f. Employee’s waiver of rights and claims as herein provided is in exchange for payments and consideration in addition to anything of value to which Employee is already entitled.
g. Employee affirms that he has not violated knowingly and will continue to comply voluntarily executes this Separation Agreement after having been provided with the non-competitionopportunity to consult with an attorney prior to executing this Separation Agreement and without being coerced, non-solicitation and non-disparagement covenants set forth in the Employment Agreementpressured or influenced by any statement or representation or omission of any person acting on behalf of Employer.
h. At the time of considering or executing this Separation Agreement, Employee affirms that was not affected or impaired by illness, use of alcohol, drugs or other substances or otherwise impaired. Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officersis competent to execute this Separation Agreement, including the release of claims contained herein. Employee is not a party to any allegations of corporate fraud.
i. Employee affirms that all of FFB’s decisions regarding bankruptcy, lien, creditor-debtor or other proceedings which would impair Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin right or any other classification protected by lawability to waive all claims Employee may have against Employer.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Samples: Separation Agreement (SELLAS Life Sciences Group, Inc.)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently and is not presently a party to to, any claim claim, charge, action or other legal proceeding against FFB.
c. Releasees in any forum or form as of the date of execution of this Agreement. Employee affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitled.
d. signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee affirms that Employee has returned all of Innodata’s property, documents, and/or confidential information in Employee’s possession or control. Employee also affirms that Employee is in possession of all of Employee’s property that Employee had at Innodata’s premises and that Innodata is not in possession of any of Employee’s property. Employee affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Innodata, its affiliates, subsidiaries or clients and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBInnodata’s policies and/or and Employee’s agreement(s) with FFB.
g. Innodata and/or common law. Employee further affirms that he Employee has not violated provided Innodata with a list of all user names and will continue to comply passwords used by Employee in connection with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee performing services for Innodata. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or Innodata, its officers, or any other Releasee identified in this Agreement, including any allegations of corporate fraud.
i. . Employee affirms that all of FFBInnodata’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s Severance Separation Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Samples: Separation Agreement (Innodata Inc)
Acknowledgments and Affirmations. a. (a) Employee affirms confirms that prior to the execution of this Agreement, Employee has not revealed its terms to any third parties. Employee agrees not to disclose any information regarding the existence or substance of this Agreement, except to Employee’s spouse, tax advisor, attorneys and/or to any federal, state or local government agency. Nothing in this Agreement has the purpose or effect of preventing Employee from making truthful disclosures about alleged unlawful conduct.
(b) Employee confirms that Employee has complied with all laws not made any claims or allegations to the Employer related to sexual harassment, sex discrimination, or sexual assault, and regulations applicable that none of the payments set forth in this Agreement are related to FFB’s operations.sexual harassment, sex discrimination, or sexual assault;
b. (c) Employee affirms confirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFBEmployer. Nothing in this Agreement or these affirmations is intended to impair Employee’s rights under whistleblower laws or cause Employee to disclose Employee’s participation in any governmental whistleblower program or any whistleblowing statute(s) or regulation(s) allowing for anonymity.
c. (d) Employee also affirms that that, other than amounts payable pursuant to Section 2(b), Employee has been paid and/or has received all compensation, wages, bonuses, commissions, paid sick leave, predictability pay, and/or benefits to which are due and payable as of the date Employee signs this Agreement and Employee has been reimbursed for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment for which Employee may be entitled.
d. has sought reimbursement in accordance with applicable company policies. Employee further confirms that Employee has submitted expense reports for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment through the Separation Date. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related and state or and local leave or and disability accommodation laws.
e. (e) Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. (f) Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFBEmployer and/or common law. Under the federal Defend Trade Secrets Act of 2016, Employee shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (a) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (b) is made to Employee’s attorney in relation to a lawsuit against Employer for retaliation against Employee for reporting a suspected violation of law; or (c) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
g. (g) Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. Employee affirms that all of FFB’s decisions regarding Employer acknowledge Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin rights to make truthful statements or any other classification protected disclosures required by law.
j. Employee affirms that any stock options granted , regulation, or legal process and to Employee under any FFB option program that have not vested by Employee’s Severance Date request or receive confidential legal advice, and nothing in this Agreement shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for deemed to impair those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsrights.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee affirms that from and after March 12, 2018 to the date of execution of this Agreement, except as permitted by paragraph “6,” he has not made statements about Employer or engaged in conduct which could reasonably be expected to adversely affect Employer’s reputation or business, including but not limited to discussing Employer’s business with search firms, the media, industry consultants and analysts, investors, competitors, customers, suppliers, employees, directors, vendors or any entity that Employee becomes employed by or does consulting work for in the future, and that he has not contacted any current or former employee or director of Methode, except for the Chief Human Resources Officer or her designee, and that if any employee of Methode other than the Chief Human Resources Officer contacted him, Employee has complied with all laws stated only that he and regulations applicable Methode have parted ways on an amicable basis and that he prefers not to FFB’s operations.
b. Employee affirms that discuss matters relating to Methode. Employee has not filed, caused to be filed, or presently is not a party to advised the Chief Human Resources Officer in writing of the date and time of the contact with any claim against FFB.
c. Methode employee and the substance of the discussion within one day after the contact. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitled.
d. signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee is not entitled to any payments or benefits under any of the Equity/Bonus Documents and that all outstanding awards/benefits under the Equity/Bonus Documents were not earned or vested as of the Separation Date. Employee affirms and agrees that he hereby resigns from any and all director and/or officer positions he holds with Employer and any subsidiary companies owned or controlled by Employer. Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFB.
g. Employer and/or common law. Under the federal Defend Trade Secrets Act of 2016, Employee affirms that he has shall not violated be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (a) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and will continue (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (b) is made to comply with the non-competitionEmployee’s attorney in relation to a lawsuit for retaliation against Employer for reporting a suspected violation of law; or (c) is made in a complaint or other document filed in a lawsuit or other proceeding, non-solicitation and non-disparagement covenants set forth if such filing is made under seal. Employee shall not apply in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against future for reporting any allegations of wrongdoing by FFB or its officersemployment with Employer because of, including any allegations of corporate fraud.
i. among other things, irreconcilable differences with Employer. Employee affirms that all of FFB’s Employer's decisions regarding Employee’s 's pay and benefits through the date of Employee’s Severance Date separation of employment were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. . Employee affirms that that, in the event any stock options granted to Employee under any FFB option program that attorneys or third parties have not vested by asserted or assert a hold or lien or other encumbrance upon Employee’s Severance Date shall be considered lapsedclaims, demands, and be forever unexercisable by causes of action against Employer, Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated responsible for paying any costs and fees associated with and otherwise satisfying that hold or lien or other encumbrance, and will hold Employer and its attorneys harmless for any costs or fees they incur in accordance association with the terms of the applicable plan document for those optionshold or lien.
Appears in 1 contract
Samples: General Release Agreement (Methode Electronics Inc)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee he has not filed, caused to be filed, or presently is not a party to any claim against FFBEmployer.
c. b. Except for: (i) unused vacation which Employee has accrued as of his last day of employment (which will be paid out to Employee on his last day of employment) and (ii) the fourth installment of his 2008 bonus which will be paid to him in or about January 2009, Employee affirms that Employee he has been paid and/or has received all compensation, wages, bonuses, commissions, commissions and/or benefits to which Employee may be entitled.
d. . Employee affirms that Employee he has been granted any leave to which Employee he was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. c. Except for accrued but unpaid expenses (which will be paid out to Employee following his last day of employment), Employee affirms that he has been paid and/or has received reimbursement for all expenses.
d. Employee affirms that he has no known workplace injuries or occupational diseasesdiseases that have not already been disclosed to Employer in writing, or submitted to or adjudicated by the California Workers’ Compensation Appeals Board.
f. e. Employee affirms that Employee he has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFBEmployer and/or common law.
g. f. Employee further affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB Employer or its officers, including any allegations of corporate fraud.
i. . Both Employer and Employee affirms acknowledge that all this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of FFB’s decisions regarding Employee’s pay and benefits through any federal, state or local governmental agency. To the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected extent permitted by law, Employee agrees that if such an administrative claim is made, Employee shall not be entitled to recover any individual monetary relief or other individual remedies.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Acknowledgments and Affirmations. a. (a) Employee confirms that prior to the execution of this Agreement, Employee has not revealed its terms to any third parties. Employee agrees not to disclose any information regarding the existence or substance of this Agreement, except to Employee’s spouse, tax advisor, an attorney or advisor with whom Employee chooses to consult regarding Employee’s consideration of this Agreement, and/or to any federal, state or local government agency. Nothing in this Agreement has the purpose or effect of preventing Employee from making truthful disclosures about alleged unlawful conduct.
(b) Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee he has not filed, caused to be filed, or presently is not a party to any claim against FFBEmployer. Nothing in this Agreement or these Affirmations is intended to impair Employee’s rights under whistleblower laws or cause Employee to disclose Employee’s participation in any governmental whistleblower program or any whistleblowing statute(s) or regulation(s) allowing for anonymity.
c. (c) Employee also affirms that Employee he has been paid and/or has received all compensation, wages, bonuses, commissions, paid sick leave, predictability pay, and/or benefits which are due and payable as of the date Employee signs this Agreement, except for compensation owed to Employee for the period January 16, 2024, to January 31, 2024, which the Employer will pay to Employee may be entitled.
d. during the Employer’s next regularly scheduled semi-monthly payroll on February 15, 2024. Employee affirms that Employee has been reimbursed for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment. Employee also affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related and state or and local leave or and disability accommodation laws.
e. (d) Employee further affirms that Employee he has no known workplace injuries or occupational diseases.
f. (e) Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFB.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. Employee affirms that all of FFB’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by Employer and/or common law.
j. (f) Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by and Employer acknowledge Employee’s Severance Date rights to make truthful statements or disclosures required by law, regulation, or legal process and to request or receive confidential legal advice, and nothing in this Agreement shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for deemed to impair those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsrights.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee he has not filed, caused to be filed, or and presently is not a party to any claim filed against FFB.the Employer and has released any and all claims not explicitly preserved hereunder;
b. Employee affirms he has no known workplace injuries, diseases or occupational illnesses and further affirms that he is unaware of any facts that could be the basis for a claim of discrimination against the Employer;
c. Employee also affirms that upon receipt of the consideration and amounts to be paid or provided to Employee has as provided under Paragraphs 1, 2 and 3 hereof, he will have been paid and/or has have received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. entitled based on services performed or to be performed and Employee’s execution of this Agreement, subject to terms of this Agreement. Employee affirms that Employee he has been granted any leave to which Employee he was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.;
d. Both the Employer and Employee acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding, to the extent permitted by law, before the U.S. Equal Employment Opportunity Commission providing that Employee shall not be entitled to recover any individual monetary relief or other individual remedies;
e. In the event that any claim is made by Employee affirms that is not barred by this Agreement and any remedy is provided upon such a claim by Employee, all monies paid to Employee has no known workplace injuries pursuant to Paragraphs 2 and 3 hereof shall be a set-off against and shall be used to satisfy any relief or occupational diseases.recovery award to Employee, and if Employee files any claim of any kind whatsoever, not explicitly preserved by Employee under this Agreement (excluding cross, counter or similar claims that he may bring in response to any claim brought against him by Getty), he shall return all of the consideration paid under Paragraphs 2 and 3 above and shall pay the reasonable cost of the legal fees incurred by Employer to defend that action, subject to applicable law; and
f. Employee affirms that Employee has not divulged any he will at the end of FFBthe Transition Period or at such other time as directed by Getty, return all of Employer’s Confidential Information (as defined in the Employment Agreement) property and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFB.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officersequipment, including but not limited to any allegations original or copies of corporate fraud.
i. Employee affirms that all any Company documents and information, regardless of FFB’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on ageform, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless except as otherwise provided agreed by the terms of the applicable plan document for those options. At EmployeeCompany’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsthen Chief Executive Officer.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee he has not filed, caused to be filed, or and presently is not a party to any claim filed against FFB.the Employer and has released any and all claims not explicitly preserved hereunder;
b. Employee affirms he has no known workplace injuries, diseases or occupational illnesses and further affirms that he is unaware of any facts that could be the basis for a claim of discrimination against the Employer;
c. Employee also affirms that upon receipt of the consideration and amounts to be paid or provided to Employee has as provided under Paragraph 3 hereof, he will have been paid and/or has have received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. entitled based on services performed and Employee’s execution of this Agreement, subject to terms of this Agreement. Employee affirms that Employee he has been granted any leave to which Employee he was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.;
d. Both Employer and Employee acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding, to the extent permitted by law, before the U.S. Equal Employment Opportunity Commission providing that Employee shall not be entitled to recover any individual monetary relief or other individual remedies;
e. In the event any claim is made by Employee affirms that is not barred by this Agreement and any remedy is provided upon such a claim by Employee, all monies paid hereunder shall be a set-off against and shall be used to satisfy any relief or recovery award to Employee has no known workplace injuries and if Employee files any claim of any kind whatsoever, not explicitly preserved by Employee under this Agreement (excluding cross, counter or occupational diseases.similar claims that he may bring in response to any claim brought against him by Getty), he shall return all of the consideration paid under Paragraph 3.c.(1) above and shall pay the reasonable cost of the legal fees incurred by Employer to defend that action, subject to applicable law; and,
f. Employee affirms that Employee he has returned all of Employer’s property and equipment and has no knowledge that he has any original or copies of any Company documents and information, regardless of the form, and agrees to return such documents and information, or forward to the xxxxxxxxxx@xxxxxxxxxxx.xxx e-mail account any e-mails regarding Company business received or sent from any e-mail account under his control that have not divulged been deleted, if he finds any of FFB’s Confidential Information (as defined in the Employment Agreement) his possession and will continue thereafter purge any Company data stored in any electronic form in his possession prior to maintain the confidentiality end of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFBthe Revocation Period.
g. Employee affirms that and agrees that, except as otherwise authorized by the Company’s Chief Executive Officer (“CEO”) or his designee, he has not violated terminated his access to and will continue privileges with respect to comply with all of the non-competitionEmployer’s written and electronic records, non-solicitation files, and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officerssystems, including any allegations of corporate fraud.
i. Employee affirms that all of FFB’s decisions regarding Employee’s pay but not limited to computer systems, data bases, operating files and benefits through the date of Employee’s Severance Date were not discriminatory based on agesystems, disabilitycorporate, racefinancial, coloraccounting, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsedreal estate records and files, and be forever unexercisable by Employee unless otherwise provided by email systems and accounts, and has transferred to the terms CEO or his designee, all passwords, administrator rights or privileges, access to and operational control over, all such records, files and systems, in a manner that protects the integrity and confidentiality thereof and does not result in any disruption of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms operations of the applicable plan document for those optionsCompany and the Company’s maintenance of and access to such records, files and systems.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee Executive affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee he has not filed, caused to be filed, or presently is not a party to any claim or lawsuit against FFBthe Company.
c. Employee a. Executive also affirms that Employee has he been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. Employee are due and payable as of the date Executive signs this Agreement. Executive affirms that Employee Executive has been granted any leave to which Employee he was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee b. Executive further affirms that Employee Executive has no known workplace injuries or occupational diseasesdiseases arising from his employment with Cvent.
f. Employee c. Executive affirms that Employee he has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Company and will continue to maintain the confidentiality of such information consistent with statute or the Company’s policies and his agreements with the Company and/or common law, FFB’s policies and/or Employee’s agreement(s) with FFB.
g. Employee d. Executive affirms that he has not violated complied in all material respects with the Executive Non-Disclosure, Invention, Non-Competition and will Non-Solicitation Agreement dated as of October 10, 2012 and he intends to continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreementsuch agreement pursuant to its terms.
h. Employee e. Executive affirms that Employee he has not been retaliated against for reporting any allegations of wrongdoing by FFB the Company or its officers, including any allegations of corporate fraud.
i. Employee f. Executive affirms that he has had the opportunity to seek such legal, financial and other advice and representation as he has deemed appropriate in connection with this Agreement. Mr. Childs affirms that all of FFBthe Company’s decisions regarding Employee’s his pay and benefits through the date of Employee’s Severance Date his execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFBEmployer or the Releasees anywhere in the world.
c. Employee affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related other state or local leave or disability accommodation laws.
e. d. Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. e. Employee also affirms that Employee has not divulged any proprietary or confidential information, or trade secrets, of FFB’s Confidential Information (as defined in Employer or the Employment Agreement) Releasees and will continue to maintain the confidentiality of such information in perpetuity consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFB.
g. Employer, the Releasees, and/or statutory and common law. Employee affirms that confirms he has not violated and will continue to comply in compliance with the non-competition, confidentiality/non-solicitation and non-disparagement covenants set forth agreement entered into by Employee in connection with Employee’s initial hiring by the Employment AgreementEmployer.
h. f. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB Employer, the Releasees, or its their officers, including any allegations of corporate fraud.
g. Employee understands that this Agreement does not limit your right, where applicable, to file or participate in an investigative proceeding of any federal, state, or local governmental agency. To the extent permitted by law, Employee agrees that if such an administrative claim is made on behalf of Employee, Employee shall not be entitled to recover any individual monetary relief or other individual remedies.
h. Employee acknowledges that Employee’s benefits hereunder, and the Employer’s obligations to make payments hereunder, shall be terminated upon Employee’s breach of any covenant or obligation contained in this Agreement and/or in any exhibits hereto; notwithstanding such termination, the General Release and other obligations of Employee hereunder shall survive any such termination. The foregoing shall be in addition to, and not in limitation of, any of the Employer’s rights and remedies, including, without limitation, those of specific performance and equitable remedies, at law and/or pursuant to any exhibits hereto.
i. Employee further affirms that all after the Retirement Date, the Employee will not represent himself as being an employee, officer, attorney, agent or representative of FFB’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin Employer or any other classification protected by law.
j. Affiliate for any purpose. Without limiting the foregoing, the Employee affirms specifically agrees to update any and all social media accounts the Employee accesses, uses or maintains to reflect the fact that any stock options granted to the Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided is no longer employed by the terms Employer within three days of the applicable plan document for those optionsRetirement Date. At Employee’s Severance DateFor purposes of this Section, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionssocial media accounts include but are not limited to Facebook, LinkedIn, Twitter and Four Square.
Appears in 1 contract
Samples: Retirement Agreement (Systemax Inc)
Acknowledgments and Affirmations. a. (a) Employee affirms confirms that prior to the execution of this Agreement, Employee has complied not revealed its terms to any third parties. Employee agrees not to disclose any information regarding the existence or substance of this Agreement, except to Employee’s spouse, tax advisor, an attorney with all laws and regulations applicable whom Employee chooses to FFBconsult regarding Employee’s operationsconsideration of this Agreement and/or to any federal, state or local government agency. Nothing in this Agreement has the purpose or effect of preventing Employee from making truthful disclosures about alleged unlawful conduct.
b. (b) Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFBEmployer. Nothing in this Agreement or these Affirmations is intended to impair Employee’s rights under whistleblower laws or cause Employee to disclose Employee’s participation in any governmental whistleblower program or any whistleblowing statute(s) or regulation(s) allowing for anonymity.
c. (c) Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, paid sick leave, predictability pay, and/or benefits to which are due and payable as of the date Employee may be entitled.
d. signs this Agreement and Employee has been reimbursed for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment. Employee further affirms that Employee has submitted expense reports for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related and state or and local leave or and disability accommodation laws.
e. (d) Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. (e) Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFBEmployer and/or common law. Under the federal Defend Trade Secrets Act of 2016, Employee shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (a) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (b) is made to Employee’s attorney in relation to a lawsuit against Employer for retaliation against Employee for reporting a suspected violation of law; or (c) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
g. (f) Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. Employee affirms that all of FFB’s decisions regarding Employer acknowledge Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin rights to make truthful statements or any other classification protected disclosures required by law.
j. Employee affirms that any stock options granted , regulation, or legal process and to Employee under any FFB option program that have not vested by Employee’s Severance Date request or receive confidential legal advice, and nothing in this Agreement shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for deemed to impair those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsrights.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee (a) Executive affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee Executive has not filed, caused to be filed, or presently is not a party to any claim against FFBCree.
c. Employee (b) Executive also affirms that Employee Executive has received or has been paid and/or has received promised hereunder to receive all compensation, wages, bonuses, commissions, and/or benefits to which Employee Executive may be entitled.
d. Employee . Executive affirms that Employee Executive has been granted any leave to which Employee Executive was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee . Executive further affirms that Employee Executive has no known workplace injuries or occupational diseases.
f. Employee . Executive also affirms that Employee Executive has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Cree and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBCree’s policies and/or Employeeand Executive’s agreement(s) with FFBCree and/or common law.
g. Employee (c) Executive further affirms that he Executive is not aware of, nor has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB Cree or its officers, including any allegations of corporate fraud. Executive affirms that, to the best of Executive’s knowledge, Cree has provided accurate and transparent financial information to its shareholders and the public and abided by all provisions of all applicable laws and regulations, including The Sxxxxxxx-Xxxxx Act of 2002. Both Parties acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency.
i. Employee (d) Executive affirms that all of FFB’s the Employer's decisions regarding Employee’s Executive's pay and benefits through the date of Employee’s Severance Date Executive's execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee (a) The Consultant affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Employee affirms that Employee he has been paid and/or has received for all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. Employee hours worked during his term of employment with the Company. The Consultant affirms that Employee he has been granted any leave to which Employee he was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee affirms that Employee has no known workplace injuries or occupational diseases.
f. Employee affirms that Employee has not divulged any of FFB’s Confidential Information (as defined in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFB.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. Employee . The Consultant affirms that all of FFBthe Company’s decisions regarding Employee’s the pay and benefits through the date of Employeethe Consultant’s Severance Date execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee (b) The Consultant affirms that he has no known workplace injuries or occupational diseases.
(c) The Consultant affirms that he has not been retaliated against for reporting any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided allegations of wrongdoing by the terms Company or its officers, including any allegations of corporate fraud.
(d) The Consultant affirms that he does not have any current charge, claim or lawsuit against one or more of the applicable plan document for those optionsCompany Parties pending before any local, state or federal agency or court regarding his employment and the termination of his employment. At Employee’s Severance DateThe Consultant understands that nothing in this Agreement prevents him from filing a charge or complaint or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”) or any other federal, any vested stock options will be treated in accordance state or local agency charged with the terms enforcement of any employment or labor laws, although by signing this Agreement the Consultant is giving up any right to monetary recovery that is based on any of the applicable plan document for those optionsclaims he has released. The Consultant also understands that if he files such a charge or complaint, he has, as part of this Agreement, waived his right to receive any benefits beyond what Consultant receives pursuant to the Separation Agreement.
(e) The Consultant affirms that at the time of considering or executing this Agreement, the Consultant was not affected or impaired by illness, use of alcohol, drugs or other substances or otherwise impaired. The Consultant is competent to execute this Agreement and knowingly and voluntarily waives any and all claims he may have against the Company Parties. The Consultant certifies that he is not a party to any bankruptcy, lien, creditor-debtor or other proceedings which would impair his right or ability to waive all claims he may have against the Company Parties.
Appears in 1 contract
Samples: Separation and Consulting Agreement (Bankrate, Inc.)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee she has not filed, caused to be filed, or presently is not a party to any claim against FFBEmployer.
c. b. Employee affirms that Employee she has been paid and/or has received all compensation, wages, bonuses, commissions, commissions and/or benefits to which Employee may be entitled.
d. . Employee affirms that Employee she has been granted any leave to which Employee she was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee affirms that Employee has no known workplace injuries or occupational diseases.
f. Employee affirms that Employee has not divulged any of FFB’s Confidential Information (as defined in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFB.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. . Employee affirms that all of FFBKimco’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. c. Employee affirms that she has no known workplace injuries or occupational diseases.
d. Employee affirms that she has not divulged any stock options granted proprietary or confidential information of Employer and will continue to Employee under any FFB option program that have not vested by maintain the confidentiality of such information consistent with Employer’s policies and Employee’s Severance Date agreement(s) with Employer and/or common law.
e. Employee further affirms that she has not been retaliated against for reporting any allegations of wrongdoing by Employer or its officers, including any allegations of corporate fraud. Both Employer and Employee acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if such an administrative claim is made, Employee shall not be considered lapsedentitled to recover any individual monetary relief or other individual remedies. If any federal, and be forever unexercisable by state or local governmental agency requests that Xx. Xxxxxx participate in any such investigative proceeding, Xx. Xxxxxx shall provide written notice to Xxxx Xxxxxx, Vice President, Human Resources, or her successor, no later than five (5) business days prior to any requested or required participation.
f. Employee unless otherwise provided by the terms affirms that she is not a Medicare or Medicaid beneficiary as of the applicable plan document for those options. At Employee’s Severance Datedate of this Agreement and, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionstherefore, no conditional payments have been made by Medicare or Medicaid.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee Executive affirms that Employee Executive has complied with all laws and regulations applicable to FFB’s operations.
b. Employee Executive affirms that Employee Executive has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Employee Executive affirms that Employee Executive has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee Executive may be entitled.
d. Employee Executive affirms that Employee Executive has been granted any leave to which Employee Executive was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee Executive affirms that Employee Executive has no known workplace injuries or occupational diseases.
f. Employee Executive affirms that Employee Executive has not divulged any of FFB’s Confidential Information (as defined in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or EmployeeExecutive’s agreement(s) with FFB.
g. Employee Executive affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee Executive affirms that Employee Executive has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. Employee Executive affirms that all of FFB’s decisions regarding EmployeeExecutive’s pay and benefits through the date of EmployeeExecutive’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee Executive affirms that any stock options granted to Employee Executive under any FFB option program that have not vested by EmployeeExecutive’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee Executive unless otherwise provided by the terms of the applicable plan document and/or related agreement for those options. At EmployeeExecutive’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document and/or related agreement for those options.
k. Executive affirms that any restricted stock granted to Employee under any FFB restricted stock program that have not vested by Executive’s Severance Date shall be considered lapsed, and be forever forfeited by Executive unless otherwise provide by the terms of the applicable plan document and/or related agreement for those restricted shares. At Executive’s Severance Date, any vested restricted stock grant will be treated in accordance with the terms of the applicable plan document and/or related agreement for those restricted shares.
Appears in 1 contract
Samples: Employment Agreement (First Financial Bancorp /Oh/)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. EKR Therapeutics, Inc. or any Released Party. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. . Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. . Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) EKR Therapeutics, Inc. and will continue to maintain the confidentiality of such information consistent with statute or common lawEKR Therapeutics, FFBInc.’s policies and/or and Employee’s agreement(s) with FFB.
g. EKR Therapeutics, Inc. and/or common law. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB EKR Therapeutics, Inc. or its officers, including any allegations of corporate fraud.
i. . Employee affirms that all of FFBEKR Therapeutics, Inc.’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date separation of employment were not discriminatory based on age, disability, race, color, sex, religion, national origin origin, genetic information or any other classification protected by applicable law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cornerstone Therapeutics Inc)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFBEmployer or the Releasees anywhere in the world.
c. b. Employee also affirms that if Employee is a non-exempt employee entitled to overtime pay for hours worked in excess of 40 in one week, Employee has reported all hours worked as of the date Employee signs this Separation Agreement and Release; and, whether or not exempt, has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. c. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related other state or local leave or disability accommodation laws.
e. d. Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. e. Employee also affirms that Employee has not divulged any proprietary or confidential information, or trade secrets, of FFB’s Confidential Information (as defined in Employer or the Employment Agreement) Releasees and will continue to maintain the confidentiality of such information in perpetuity consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFB.
g. Employer, the Releasees, and/or statutory and common law. Employee affirms that confirms he has not violated and will continue to comply or she is in compliance with the non-competition, confidentiality/non-solicitation and non-disparagement covenants set forth agreement entered into by Employee in connection with Employee’s initial hiring by the Employment AgreementEmployer.
h. f. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB Employer, the Releasees, or its their officers, including any allegations of corporate fraud.
g. Employee understands that this Separation Agreement and Release does not limit your right, where applicable, to file or participate in an investigative proceeding of any federal, state, or local governmental agency. To the extent permitted by law, Employee agrees that if such an administrative claim is made on behalf of Employee, Employee shall not be entitled to recover any individual monetary relief or other individual remedies.
h. Employee acknowledges that Employee’s benefits hereunder, and the Employer’s obligations to make payments hereunder, shall be terminated upon Employee’s breach of any covenant or obligation contained in this Separation Agreement and Release and/or in any exhibits hereto; notwithstanding such termination, the General Release and other obligations of Employee hereunder shall survive any such termination. The foregoing shall be in addition to, and not in limitation of, any of the Employer’s rights and remedies, including, without limitation, those of specific performance and equitable remedies, at law and/or pursuant to any exhibits hereto.
i. Employee further affirms that all after the Separation Date, the Employee will not represent himself as being a current employee, officer, attorney, agent or representative of FFB’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin Employer or any other classification protected by law.
j. Employee affirms that Affiliate for any stock options granted purpose, but may identify himself as a consultant to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsedthe Company during the term of his consultancy arrangement, and be forever unexercisable by may refer to himself as a member of its Board of Directors during his tenure as such (and thereafter may refer to such roles in the past tense). Without limiting the foregoing, the Employee unless otherwise provided specifically agrees to update any and all social media accounts the Employee accesses, uses or maintains to reflect the fact that the Employee is no longer employed by the terms Employer within three days of the applicable plan document for those options. At Employee’s Severance Separation Date, any vested stock options will be treated but instead is a consultant to the Company during the term of his consultancy arrangement, and may refer to himself as a member of its Board of Directors during his tenure as such (and thereafter may refer to such roles in accordance with the terms past tense). For purposes of the applicable plan document for those optionsthis Section, social media accounts include but are not limited to Facebook, LinkedIn, Twitter and Four Square.
Appears in 1 contract
Samples: Separation Agreement (Systemax Inc)
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. (a) Employee affirms that Employee has not filed, nor caused to be filed, or nor is Employee presently is not a party to to, any claim claim, complaint or action against FFBEmployer in any legal or administrative forum.
c. (b) Employee affirms that Employee has reported all hours worked as of the date Employee signed this Agreement and has been paid for and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. (c) Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws, and that there has been no retaliation as a result of, interference with, or restraint of Employee’s use of such leave.
e. (d) Employee affirms that Employee has no known workplace injuries or occupational diseases.
f. (e) Employee affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFBEmployer and/or common law.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. (f) Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB Employer or its officers, including any allegations of corporate fraud.
i. (g) Employee acknowledges and agrees that he will resign all public and private director/officer positions he holds in Employer or any related or affiliated corporations or business entities, including but not limited to any positions held with TerreStar Networks Inc., TerreStar Corporation, Motient Corporation, TerreStar Networks Holdings (Canada) Inc., TerreStar Networks (Canada) Inc., TerreStar Global Ltd., their parents, affiliates, subsidiaries, divisions, predecessors, insurers, successors and assigns.
(h) Since, as part of Employee’s employment, Employee had access to information of a nature not generally disclosed to the public, Employee acknowledges and affirms that all Employee will keep confidential and not disclose to anyone, the business, proprietary, and trade secret information of FFB’s decisions regarding Employer in Employee’s pay possession, as well as the personal, confidential, or otherwise proprietary information regarding Employer’s employees, and benefits through personnel practices and related matters. This obligation is understood to be in addition to any agreements Employee signed with Employer concerning confidentiality and non-disclosure, non-competition, non-solicitation, and assignment of inventions or other intellectual property developments, which agreements will remain in full force and effect. Employee expressly acknowledges and agrees that the obligations imposed on Employee in the sections of the Employment Agreement captioned “Company Property”, “Non-Competition; Non-Solicitation”, “Protection of Company Property”, “Intellectual Property”, “Publicity”, “Non-Disparagement” and “Arbitration” (Sections 6, 7, 8, 9, 13, 14 and 21, respectively) remain in full force and effect subsequent to the effective date of Employee’s Severance Date were separation from service and Employee’s execution of this Agreement. Employer acknowledges that the obligations imposed on it under the “Arbitration” and “Indemnification” sections of the Employment Agreement (Sections 21 and 22, respectively) remain in full force and effect subsequent to the effective date of Employee’s separation from service and Employer’s execution of this Agreement.
(i) Employee affirms and agrees that Employee will not discriminatory based on agetake, disabilitycopy, raceuse or distribute in any form or manner documents or information that Employer deems proprietary, colorincluding, sexbut not limited to, religiontrade secrets, national origin research and development materials, lists of customers or potential customers, financial information, business and strategic plans, software programs and codes, access codes, and other similar materials or information.
(j) Both parties acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any other classification protected federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if such an administrative claim is made, Employee shall not be entitled to recover any individual monetary relief or other individual remedies. Employee further agrees that Employee will not provide information or testimony in any court action against Employer except pursuant to a lawful subpoena or other valid legal process and that Employee will notify Employer of any subpoena or informal request to testify in Court that Employee receives within 3 business days after Employee’s receipt of such subpoena or informal request.
j. Employee affirms (k) Both parties acknowledge and affirm that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by separation from service did not arise in the terms context of a “Change of Control” as that term is defined in the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsEmployment Agreement.
Appears in 1 contract
Acknowledgments and Affirmations. Employee hereby acknowledges and affirms the following:
a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. Employee affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitledsigns this Agreement.
d. Employee affirms that b. Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related under similar state or local leave or disability accommodation laws.
e. Employee affirms that c. Employee has no known unreported workplace injuries or occupational diseases.
f. Employee affirms that d. Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) BioTelemetry and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBBioTelemetry’s policies and/or and Employee’s agreement(s) with FFBBioTelemetry and/or common law, which agreement(s) specifically survive and will remain in full force and effect after Employee’s separation from employment.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that e. Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB BioTelemetry or its officers, including any allegations of corporate fraud.
i. f. Employee agrees to avoid making disparaging remarks or taking any action now, and at any time in the future, which could be considered detrimental or harmful to Employer and its business. Employee shall not make any negative or derogatory statements in verbal, written, electronic or any other form about Employer, or any of its officers, directors, and employees including, but not limited to, a negative or derogatory statement made in, or in connection with, any article or book, on a website, in a chat room or via the internet.
g. Employee affirms that all of FFBthe Employer’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms h. Both parties agree that any stock options granted to Employee under any FFB option program that have not vested by reference requests and employment inquiries made on Employee’s Severance Date behalf will include providing only Employee’s dates of employment, job title, and job location, and Employer will provide no further or additional information in response to inquiries by prospective employers. All such inquiries should be directed to Xxx Xxxxx, Senior Vice President of Human Resources. The terms of this Agreement shall be considered lapsedkept confidential, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employer will not hereafter disclose any information concerning this Agreement in connection with any reference request and employment inquiries made on Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionsbehalf.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee Executive affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee he has not filed, caused to be filed, or presently is not a party to any claim or lawsuit against FFBthe Company.
c. Employee a. Executive also affirms that Employee has he been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled.
d. Employee are due and payable as of the date Executive signs this Agreement. Executive affirms that Employee Executive has been granted any leave to which Employee he was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee b. Executive further affirms that Employee Executive has no known workplace injuries or occupational diseasesdiseases arising from his employment with Cvent.
f. Employee c. Executive affirms that Employee he has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Company and will continue to maintain the confidentiality of such information consistent with statute or the Company’s policies and his agreements with the Company and/or common law, FFB’s policies and/or Employee’s agreement(s) with FFB.
g. Employee d. Executive affirms that he has not violated complied in all material respects with the Executive Non-Disclosure, Invention, Non-Competition and will Non-Solicitation Agreement dated as of October 10, 2012 and he intends to continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreementsuch agreement pursuant to its terms.
h. Employee e. Executive affirms that Employee he has not been retaliated against for reporting any allegations of wrongdoing by FFB the Company or its officers, including any allegations of corporate fraud.
i. Employee f. Executive affirms that all of FFBthe Company’s decisions regarding Employee’s his pay and benefits through the date of Employee’s Severance Date his execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee g. Executive affirms that any stock options granted he has had the opportunity to Employee under any FFB option program seek such legal, financial and other advice and representation as he has deemed appropriate in connection with this Agreement.
h. Executive affirms that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by as of his final day with the terms Company he has returned all of the applicable plan document for those optionsCompany’s property, documents, and/or any confidential information in his possession or control. At EmployeeExecutive also affirms that he is in possession of all of his property that he had at the Company’s Severance Date, premises and that the Company is not in possession of any vested stock options will be treated in accordance with the terms of the applicable plan document for those optionshis property.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against FFB.
c. The Company. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitled.
d. signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. . Employee will not make any defamatory or maliciously disparaging comments, whether oral or written, about The Company, its officers, directors, employees, agents or its products, services or business. Employee further affirms that Employee has no known workplace injuries or occupational diseases.
f. diseases that have not been previously reported to The Company. Employee acknowledges and agrees that Employee remains bound by any legal obligations contained in the Non-Competition, Non-Solicitation and/or Confidentiality Agreement with the Company, executed on March 12, 2001. Employee also affirms that Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) The Company and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBThe Company’s policies and/or and Employee’s agreement(s) with FFB.
g. The Company and/or common law. Employee affirms that he during the term of employment, Employee has had access to and has become familiar with various trade secrets and other confidential and proprietary business information of the Company. Employee agrees that the Company has taken reasonable steps to preserve the confidentiality of these trade secrets and other confidential and proprietary information. Employee agrees not violated and will continue to comply with the non-competitiondisclose, non-solicitation and non-disparagement covenants set forth directly or indirectly, or use in the Employment Agreement.
h. any way, any such trade secrets or other confidential or proprietary business information. Employee affirms also agrees that Employee has not been retaliated against for reporting taken with Employee originals or copies of any allegations Company information, its trade secrets and other confidential or proprietary business information. By signing this Agreement, Employee acknowledges that Employee is aware that it is The Company’s policy that all employees immediately report to their supervisor, other management personnel, or the appropriate state and federal authorities, any activity that is, was, or may be in violation of wrongdoing by FFB state or its officersfederal laws or Company policies and procedures. Employee hereby represents that sufficient opportunities were made available to Employee to make such report(s), including and that Employee has not witnessed any allegations activity in violation of corporate fraud.
i. federal or state laws or Company policies. Employee affirms that all of FFBThe Company’s decisions regarding Employee’s pay and benefits through the date of Employee’s Severance Date execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Acknowledgments and Affirmations. a. Employee Executive affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee she has not filed, caused to be filed, or presently is not a party to any claim against FFBReleasees.
c. Employee b. Executive also affirms that Employee that, as of her execution of this Supplemental Release, she has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee she may be entitled.
d. Employee . Executive affirms that Employee she has been granted any leave to which Employee she was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
e. Employee affirms that Employee has no known workplace injuries or occupational diseases.
f. Employee affirms that Employee has not divulged any of FFB’s Confidential Information (as defined in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with statute or common law, FFB’s policies and/or Employee’s agreement(s) with FFB.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB or its officers, including any allegations of corporate fraud.
i. Employee . Executive affirms that all of FFBthe Company’s decisions regarding Employee’s her pay and benefits through the date of Employee’s Severance Date her execution of this Supplemental Release were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
j. Employee c. Executive further affirms that she has no known workplace injuries or occupational diseases.
d. Executive affirms that she has not divulged any stock options granted proprietary or confidential information of Releasees and will continue to Employee under maintain the confidentiality of such information consistent with Releasees’ policies, the Agreement and/or common law.
e. Executive further affirms that she has not been retaliated against for reporting any FFB option program allegations of wrongdoing by Releasees, including any allegations of corporate fraud. Both the Company and Executive acknowledge that have this Supplemental Release does not vested limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by Employee’s Severance Date law, Executive agrees that if such an administrative claim is made, Executive shall not be considered lapsed, entitled to recover any individual monetary relief or other individual remedies.
f. Executive affirms that she is responsible for all taxes that may become due and be forever unexercisable by Employee unless otherwise provided by the terms owing as a result of the applicable plan document for those optionspayment set forth in Paragraph 2 of the Agreement.
g. Nothing in this Agreement shall affect Executive’s vested benefits under existing benefits plans and programs in place as of the last day of employment. At Employee’s Severance Date, any Executive is vested stock options will be treated and entitled to all equity awards granted in accordance with the terms of Northfield Bancorp, Inc. 2008 Equity Incentive Plan.
h. Executive is not entitled to any payment under the applicable plan document for those options2012 Management Cash Incentive Plan.
Appears in 1 contract
Samples: General Release Agreement (Northfield Bancorp, Inc.)
Acknowledgments and Affirmations. Employee acknowledges and affirms that:
a. Employee affirms that Employee has complied with all laws and regulations applicable to FFB’s operations.
b. Employee affirms that Employee has not filed, caused to be filed, or presently and is not currently a party to to, any claim against FFBEmployer.
c. b. Other than for days worked between the pay cycle during which Employee affirms that executes this Separation Agreement and the pay cycle in which the Separation Date falls and monies which are promised pursuant to this Separation Agreement, Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled, except for any vested benefits pursuant to the Employee Retirement Income Security Act of 1974, as amended under any retirement plan(s) of Employer, to which Employee may be entitled in the future.
d. Employee affirms that c. Employee has been granted and received any and all time off and leaves of absence (paid or unpaid) to which Employee may have been entitled during Employee’s employment, including but not limited to any leave to which Employee was entitled under the Family and Medical Leave Act or related federal, state or local leave or disability accommodation laws.
e. Employee affirms that d. Employee has no known workplace injuries or occupational diseasesdiseases that Employee has not already reported to Employer or Employer’s Workers’ Compensation insurance carrier.
f. Employee affirms that e. Employee has not divulged any proprietary or confidential information of FFB’s Confidential Information (as defined in the Employment Agreement) Employer and will continue to maintain the confidentiality of such information consistent with statute or common law, FFBEmployer’s policies and/or and Employee’s agreement(s) with FFBEmployer and/or common law.
g. Employee affirms that he has not violated and will continue to comply with the non-competition, non-solicitation and non-disparagement covenants set forth in the Employment Agreement.
h. Employee affirms that f. Employee has not been retaliated against for reporting any allegations of wrongdoing by FFB Employer or its officers, including any allegations of corporate fraudfraud or misconduct.
g. Employee’s waiver of rights and claims as herein provided is in exchange for payments and consideration in addition to anything of value to which Employee is already entitled.
h. Employee knowingly and voluntarily executes this Separation Agreement after having been provided with the opportunity to consult with an attorney prior to executing this Separation Agreement and without being coerced, pressured or influenced by any statement or representation or omission of any person acting on behalf of Employer.
i. At the time of considering or executing this Separation Agreement, Employee affirms that all was not affected or impaired by illness, use of FFB’s decisions regarding alcohol, drugs or other substances or otherwise impaired. Employee is competent to execute this Separation Agreement, including the release of claims contained herein. Employee is not a party to any bankruptcy, lien, creditor-debtor or other proceedings which would impair Employee’s pay and benefits through the date of Employee’s Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin right or any other classification protected by lawability to waive all claims Employee may have against Employer.
j. Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee’s Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable plan document for those options. At Employee’s Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options.
Appears in 1 contract
Samples: Confidential Separation Agreement and General Release (SELLAS Life Sciences Group, Inc.)