Common use of Acknowledgments and Affirmations Clause in Contracts

Acknowledgments and Affirmations. You affirm that you have not filed, caused to be filed, and are presently not a party to, any claim against the Company. You also affirm that, other than any payments or benefits set forth in this Agreement, you have been paid and/or have received all compensation, wages, bonuses, commissions, and/or benefits to which you may have been eligible or entitled. You affirm that you have been granted any leave to which you were entitled under the Family and Medical Leave Act or state or local leave or disability accommodation laws. You also affirm that you have no known workplace injuries or occupational diseases that are not the subject of pending Workers Compensation claims. You further affirm that you have not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. The Company and you both acknowledge that this Agreement does not limit either’s right, where applicable, to file a claim with or participate in an investigation or proceeding by the Equal Employment Opportunity Commission (EEOC) or any comparable federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any 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 the value of the discount you receive, is considered taxable income under the current U.S. tax regulations, and that you — not the Company — shall be solely 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 assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)

Acknowledgments and Affirmations. You affirm Employee affirms that you have Employee has not filed, caused to be filed, and are or presently not is a party to, to any claim or administrative proceeding against the Company. You also affirm that, other than any payments or benefits set forth in this Agreement, you have been paid and/or have received all compensation, wages, bonuses, commissions, and/or benefits to which you may have been eligible or entitled. You affirm Employee affirms that you have Employee has been granted any leave to which you were Employee was entitled and requested under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. You also affirm Employee further affirms that you have Employee has no known workplace injuries or occupational diseases diseases. Employee also affirms that are Employee has not divulged any proprietary or confidential information of the subject Company and will continue to maintain the confidentiality of pending Workers Compensation claimssuch information consistent with the Company’s policies and Employee’s agreement(s) with the Company and/or common law. You Employee further affirm affirms that you have Employee has not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. The Company and you both Both parties acknowledge that this Agreement does not limit eithereither party’s right, where applicable, to file a claim with or participate in an investigation or investigative proceeding by the Equal Employment Opportunity Commission (EEOC) or of any comparable federal, state or local governmental agency. To the extent permitted by law, you agree Employee agrees that if such an administrative claim is made, you Employee shall not be entitled to recover any individual monetary relief or other individual remedies. You acknowledge Employee affirms that all the Company’s decisions regarding Employee’s pay and understand that nothing in benefits through the date of Employee’s execution of this Agreement serves as 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 waiver of your rights 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 applicable deferred compensation plans ADEA) in exchange for valuable consideration identified above that is in addition to anything 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 value to the value of the discount you receive, which he is considered taxable income under the current U.S. tax regulations, and that you — not the Company — shall be solely 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 assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)already entitled.

Acknowledgments and Affirmations. You affirm that you have not filed, caused to be filed, and are presently not a party to, any claim against the Company. You also affirm that, other than any payments or benefits set forth in this Agreement, you have been paid and/or have received all compensation, wages, bonuses, commissions, and/or benefits to which you may have been eligible or entitled. You affirm that you have been granted any leave to which you were entitled under the Family and Medical Leave Act or state or local leave or disability accommodation laws. You also affirm that you have no known workplace injuries or occupational diseases that are not the subject of pending Workers Compensation claims. You further affirm that you have not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. The Company and you both acknowledge that this Agreement does not limit either’s right, where applicable, to file a claim with or participate in an investigation or proceeding by the Equal Employment Opportunity Commission (EEOC) or any comparable federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any 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 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 the value of the discount you receive, is considered taxable income under the current U.S. tax regulations, and that you — not the Company — shall be solely 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 assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)

Acknowledgments and Affirmations. You affirm that you have not filed, caused to be filed, and are presently not a party to, any claim against the Company. You also affirm that, other than any payments or benefits set forth in this AgreementAgreement and General Release, you have been paid and/or have received all compensation, wages, bonuses, commissions, and/or benefits to which you may have been eligible or entitled. You affirm that you have been granted any leave to which you were entitled under the Family and Medical Leave Act or state or local leave or disability accommodation laws. You also affirm that you have no known workplace injuries or occupational diseases that are not the subject of pending Workers Compensation claims. You further affirm that you have not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. The Company and you both acknowledge that this Agreement and General Release does not limit either’s right, where applicable, to file a claim with or participate in an investigation or proceeding by the Equal Employment Opportunity Commission (EEOC) or any comparable federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall will not be entitled to recover any individual monetary relief or other individual remedies. You acknowledge and understand that nothing in this Agreement and General Release serves as a waiver of your rights under the applicable deferred compensation plans Company’s 401(k) Savings and Profit Sharing Plan, Supplemental Executive Retirement Plan (SERP) and equity awards. The Company and you both acknowledge that the payments to be made pursuant to this Agreement and General Release are intended to qualify as “short-term deferrals” under Section 409A of the Company and equityInternal Revenue Code of 1986, 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 the value of the discount you receive, is considered taxable income under the current U.S. tax regulations, and that you — not the Company — shall be solely 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 assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)as amended.

Acknowledgments and Affirmations. You affirm Employee affirms that you have Employee has not filed, caused to be filed, and are or presently not is a party to, to any claim against the CompanyReleasees. You Employee also affirm affirms that, other than any payments or benefits set forth in this Agreementexcept as expressly provided herein, you have Employee has been paid and/or have has received all compensation, wages, bonuses, severance, commissions, incentive compensation and/or benefits that are due and payable to Employee under the terms of any agreement, policy, practice, program or plan. Employee affirms that Employee has been granted all leaves to which you may have been eligible or entitled. You affirm that you have been granted any leave to which you were Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. You also affirm Employee further affirms that you have Employee has no known workplace injuries or occupational diseases diseases. Employee also affirms that are Employee has not divulged any proprietary or confidential information of the subject Company and will continue to maintain the confidentiality of pending Workers Compensation claimssuch information consistent with 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. You Employee further affirm affirms that you have Employee has not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. The Company Employee affirms that all of the Company’s decisions regarding Employee’s pay and you both acknowledge that this Agreement does benefits through the Transition Date were not limit either’s rightdiscriminatory based on age, where applicabledisability, to file a claim with or participate in an investigation or proceeding by the Equal Employment Opportunity Commission (EEOC) race, color, sex, religion, national origin or any comparable federal, state or local governmental agency. To the extent permitted other classification protected by law. Employee agrees that, you agree that if such after the Transition Date, he will not represent himself as being an administrative claim is madeemployee, you shall not be entitled to recover any individual monetary relief officer, attorney, agent 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 representative of the Company for any purpose. Without limiting the foregoing, Employee specifically agrees to update any and equityall social media accounts the Employee accesses, phantom equity and incentive compensation awards. [You further acknowledge and understand uses or maintains to reflect the fact that the benefit you receive from your use Employee is no longer employed by the Company within sixty (60) days of the discount card after your last day Transition Date. For purposes of employmentthis paragraph, including social media accounts include but are not limited to the value of the discount you receiveFacebook, is considered taxable income under the current U.S. tax regulationsLinkedIn, Twitter and that you — not the Company — shall be solely 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 assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)Four Square.