Additional Agreements and Understandings. Even though the Employer is paying me to release My Claims, the Employer expressly denies that it is responsible or legally obligated for My Claims or that is has engaged in any wrongdoing. I understand that I may have twenty-one (21) calendar days from the day that I receive this Release, not counting the day upon which I receive it, to consider whether I wish to sign this Release. I further understand that the Employer recommends that I consult with an attorney before executing this Release. I agree that if I sign this Release before the end of the twenty-one (21) day period, it is because I have decided that I have already had sufficient time to decide whether to sign the Release. I understand that I may rescind (that is, cancel) this Release within seven (7) calendar days of signing it to reinstate federal civil rights claims (if any). To be effective, my rescission must be in writing and delivered to the Employer, Attention General Counsel, Danka, 00000 Xxxxxxxxx Xxxx., Xx. Xxxxxxxxxx, Xxxxxxx, 00000, either by hand or by mail within the required period. If sent by mail, the rescission must be: Postmarked within the relevant period; Properly addressed to the General Counsel; and Sent by certified mail, return receipt requested. I have read this Release carefully and understand all its terms. I have had the opportunity to review this Release with my own attorney. In agreeing to sign this Release, I have not relied on any statements or explanations made by the Employer or its agents other than those set forth in the Release and Change of Control Agreement. I understand and agree that this Release and Change of Control Agreement to which it is attached contain all the agreements between the Employer and me. We have no other written or oral agreements. Dated: Witness:
Appears in 3 contracts
Samples: Change of Control Agreement (Danka Business Systems PLC), Change of Control Agreement (Danka Business Systems PLC), Danka Business Systems PLC
Additional Agreements and Understandings. Even though the Employer is paying me to release My Claims, the Employer expressly denies that it is responsible or legally obligated for My Claims or that is has engaged in any wrongdoing. I understand that I may have twenty-one (21) calendar days from the day that I receive this Release, not counting the day upon which I receive it, to consider whether I wish to sign this Release. I further understand that the Employer recommends that I consult with an attorney before executing this Release. I agree that if I sign this Release before the end of the twenty-one (21) day period, it is because I have decided that I have already had sufficient time to decide whether to sign the Release. I understand that I may rescind (that is, cancel) this Release within seven (7) calendar days of signing it to reinstate federal civil rights claims (if any). To be effective, my rescission must be in writing and delivered to the Employer, Attention General Counsel, Danka, 00000 Xxxxxxxxx Xxxx., Xx. Xxxxxxxxxx, Xxxxxxx, 00000, either by hand or by mail within the required period. If sent by mail, the rescission must be: Postmarked within the relevant period; Properly addressed to the General Counsel; and Sent by certified mail, return receipt requested. I have read this Release carefully and understand all its terms. I have had the opportunity to review this Release with my own attorney. In agreeing to sign this Release, I have not relied on any statements or explanations made by the Employer or its agents other than those set forth in the Release and Change of Control Agreement. I understand and agree that this Release and Change of Control Agreement to which it is attached contain all the agreements between the Employer and me. We have no other written or oral agreements. Dated: 9/30/2004 /s/ Xxxxxxx Xxxxx Witness:
Appears in 1 contract
Samples: Change of Control Agreement (Danka Business Systems PLC)
Additional Agreements and Understandings. Even though the Employer is paying will pay me to for the release of My Claims, the Employer expressly does not admit that it is responsible or legally obligated to me for My Claims. In fact, I understand that the Employer denies that it is responsible or legally obligated for My Claims or that is it has engaged in any wrongdoing. I understand that I may have twenty-one (21) calendar days from the day that I receive this Release, not counting the day upon which I receive it, to consider whether I wish to sign this Release. I further understand that the Employer recommends that I consult with an attorney before executing this Release. I agree that if I sign this Release before the end of the twenty-one (21) day period, it is because I have decided that I have already had sufficient time to decide whether to sign the Release. I understand that I may rescind (that is, cancel) this Release within seven (7) calendar days of signing it to reinstate federal civil rights claims (if any). To be effective, my rescission must be in writing and delivered to the Employer, Attention General Counsel, Danka, 00000 Xxxxxxxxx Xxxx., Xx. Xxxxxxxxxx, Xxxxxxx, 00000, either by hand improper or by mail within the required period. If sent by mail, the rescission must be: Postmarked within the relevant period; Properly addressed to the General Counsel; and Sent by certified mail, return receipt requestedunlawful conduct or wrongdoing against me. I have read this Release carefully and I understand all its terms. I have had the opportunity been advised to review this Release consult with my own attorneyattorneys, if I deem that appropriate, prior to executing this Release. In agreeing to sign this Release, I have not relied on any statements or explanations made by the Employer or its agents attorneys, other than those set forth statements made in this Release, the Release Separation Agreement and, except as modified by the Separation Agreement, any deferred compensation, retirement, and Change of Control Agreementother employee benefit plans sponsored by the Company (including my agreements relating thereto) in which I am a participant. I understand and agree that this Release Release, the Separation Agreement and, except as modified by the Separation Agreement, any deferred compensation, retirement, and Change of Control Agreement to other employee benefit plans sponsored by the Company (including my agreements relating thereto) in which it is attached I am a participant contain all the agreements between the Employer and meme relating to this settlement. We have no other written or oral agreementsagreements relating to this settlement. I am not under any legal disabilities that prevent me from being legally bound by the agreements that I am making in this Release. I am legally able and entitled to receive the money and other consideration that I will receive from the Employer as set forth in the Separation Agreement in settlement of My Claims. Dated: Witness:February 12, 2001 ---------------------------------------- Xxx X. Xxxxx
Appears in 1 contract
Samples: Separation Agreement (Ontrack Data International Inc)
Additional Agreements and Understandings. Even though the Employer 1. Company does not admit that it is paying me responsible or legally obligated to release My Claimsme, the Employer expressly and in fact Company denies that it is responsible or legally obligated to me for My Claims any amount even though it has paid me to release my claims. 2. Both Company and I agree not to disparage the other now or in the future. 3. Company and I both admit that is this Severance Agreement results from an agreement to separate on mutually agreeable terms, and that I was not terminated by the Company nor did I first agree to quit employment. Company desires to offer severance benefits to me and I understand that my eligibility to receive such benefits depends upon my signing this agreement. 4. This Severance Agreement constitutes the entire understanding between me and Company and supersedes all prior discussions, representations, and negotiations with respect to the matters herein relating to my employment and the termination of my employment, except that the Restrictive Covenants survive the termination of my employment. 5. Company and I understand that I have resigned as Chief Executive Officer of the Company as of December 31, 2002. I have also resigned all other offices and positions that I have held with subsidiaries of the Company as of December 31, 2002. Company and I understand and agree that Company has engaged paid me all money due up to and including my employment termination date of December 31, 2002, which amount included all benefits and other pay due and owing to me from Company. Notwithstanding the foregoing, Company and I understand that I will continue to serve as a director of the Company. 6. In accordance with the terms of the Employee Stock Option Agreement between me and the Company dated January 7, 2002 (the "Option Agreement"), on January 14, 2002, I acquired 500,000 shares (the "Shares") of Common Stock of the Company by delivering to the Company a Promissory Note in any wrongdoingthe principal amount of $2,000,000 (the "Note"), all of which remains outstanding as of the date hereof. I understand that I may none of the Shares have twenty-one vested in accordance with the terms of the Restricted Stock Purchase Agreement dated January 14, 2002 between me and the Company (21the "Purchase Agreement") calendar days from and the day that I receive this Release, not counting the day upon which I receive it, to consider whether I wish to sign this ReleaseOption Agreement. I further understand that Company is hereby exercising its right, pursuant to Section 1 of the Employer recommends Purchase Agreement, to re-purchase the Shares in exchange for canceling the entire indebtedness that I consult with an attorney before executing owe under the Note. Accordingly, upon the date that this Release. I agree that if I sign this Release before Severance Agreement becomes effective, the end of the twenty-one (21) day period, it is because I have decided that I have already had sufficient time to decide whether to sign the Release. Company and I understand that I may rescind (that is, cancel) this Release within seven (7) calendar days of signing it to reinstate federal civil will no longer have any obligations under the Note and I will have no further rights claims (if any). To be effective, my rescission must be in writing and delivered with respect to the Employer, Attention General Counsel, Danka, 00000 Xxxxxxxxx Xxxx., XxShares. Xxxxxxxxxx, Xxxxxxx, 00000, either 7. Company and I understand that I shall be entitled to recover reasonable legal fees and expenses incurred by hand or by mail within the required period. If sent by mail, the rescission must be: Postmarked within the relevant period; Properly addressed to the General Counsel; and Sent by certified mail, return receipt requested. I have read this Release carefully and understand all its terms. I have had the opportunity to review this Release with my own attorney. In agreeing to sign this Release, I have not relied on any statements or explanations made by the Employer or its agents other than those set forth me in the Release and Change event I prevail in an action commenced by me against the Company to enforce the terms of Control this Severance Agreement. I understand and agree that this Release and Change of Control Agreement to which it is attached contain all the agreements between the Employer and me. We have no other written or oral agreements. Dated: Witness:.
Appears in 1 contract
Additional Agreements and Understandings. Even though the Employer is paying me to release My Claims, the Employer expressly denies that it is responsible or legally obligated for My Claims or that is has engaged in any wrongdoing. I understand that I may have twenty-one (21) calendar days from the day that I receive this Release, not counting the day upon which I receive it, to consider whether I wish to sign this Release. I further understand that the Employer recommends that I consult with an attorney before executing this Release. I agree that if I sign this Release before the end of the twenty-one (21) day period, it is because I have decided that I have already had sufficient time to decide whether to sign the Release. I understand that I may rescind (that is, cancel) this Release within seven (7) calendar days of signing it to reinstate federal civil rights claims (if any). To be effective, my rescission must be in writing and delivered to the Employer, Attention General Counsel, Danka, 00000 Xxxxxxxxx Xxxx.Xxxxx Xxxxxx Xxxxx, Xx. Xxxxxxxxxx, Xxxxxxx, 00000, either by hand or by mail within the required period. If sent by mail, the rescission must be: Postmarked within the relevant period; Properly addressed to the General Counsel; and Sent by certified mail, return receipt requested. I have read this Release carefully and understand all its terms. I have had the opportunity to review this Release with my own attorney. In agreeing to sign this Release, I have not relied on any statements or explanations made by the Employer or its agents other than those set forth in the Release and Change of Control Agreement. I understand and agree that this Release and Change of Control Agreement to which it is attached contain all the agreements between the Employer and me. We have no other written or oral agreements. Dated: Witness:
Appears in 1 contract
Samples: Danka Business Systems PLC
Additional Agreements and Understandings. Even though the Employer is paying Deluxe will provide consideration for me to settle and release My Claims, the Employer expressly Company does not admit that it is responsible or legally obligated to me. In fact, the Company denies that it is responsible or legally obligated to me for My Claims or Claims, denies that is has it engaged in any wrongdoingunlawful or improper conduct toward me, and denies that it treated me unfairly. Permitted Communications. I understand that nothing in this Release or the Agreement is intended to prevent me from filing a charge with the United States Equal Employment Opportunity Commission or any other governmental agency, providing information to a governmental agency, participating in an investigation conducted by a governmental agency, or responding to a subpoena or other court order. Advice to Consult with an Attorney. I understand and acknowledge that I am hereby being advised by Deluxe to consult with an attorney prior to signing this Release, and I have done so. My decision whether to sign this Release is my own voluntary decision made with full knowledge that Deluxe has advised me to consult with an attorney. Period to Consider the Release. I understand that I may have twenty-one (21) calendar 21 days from the day that I receive this Release, not counting the day upon which I receive it, to consider whether I wish to sign this Release. I further understand that the Employer recommends that I consult with an attorney before executing this Release. I agree that if If I sign this Release before the end of the twenty21-one (21) day period, it is will be my voluntary decision to do so because I have decided that I have already had sufficient do not need any additional time to decide whether to sign this Release. I also agree that any changes made to this Release or to the Agreement before I sign it, whether material or immaterial, will not restart the 21-day period. My Right to Rescind this Release. I understand that I may rescind (that is, cancel) this Release at any time within seven fifteen (715) calendar days of signing it after I sign it, not counting the day upon which I sign it. This Release will not become effective or enforceable unless and until the 15-day rescission period has expired without my rescinding it. I understand that if I rescind this Release, Deluxe will have no obligation to reinstate federal civil rights claims (if any)continue my employment, pay me the retirement benefits or provide the other consideration described in the Agreement. Procedure for Accepting or Rescinding the Release. To be effectiveaccept the terms of this Release, my rescission I must be in writing deliver the Release, after I have signed and delivered dated it, to the Employer, Attention General Counsel, Danka, 00000 Xxxxxxxxx Xxxx., Xx. Xxxxxxxxxx, Xxxxxxx, 00000, either Deluxe by hand or by mail within the required 21-day period that I have to consider this Release. To rescind my acceptance, I must deliver a written, signed statement that I rescind my acceptance to Deluxe by hand or by mail within the 15-day rescission period. All deliveries must be made to Deluxe at the following address: Chair, Board of Directors Deluxe Corporation 0000 Xxxxxxxx Xxxxxx Xxxxx Xxxxxxxxx, XX 00000 If sent I choose to deliver my acceptance or the rescission of my acceptance by mail, the rescission it must be: Postmarked be (1) postmarked within the relevant periodperiod stated above; Properly and (2) properly addressed to Deluxe at the General Counsel; address stated above. A-3 Interpretation of the Release. This Release should be interpreted as broadly as possible to achieve my intention to resolve all of My Claims against the Company. If this Release is held by a court to be inadequate to release a particular claim encompassed within My Claims, this Release will remain in full force and Sent effect with respect to all the rest of My Claims. My Representations. I am legally able and entitled to receive the consideration being provided to me in settlement of My Claims. I have not been involved in any personal bankruptcy or other insolvency proceedings at any time since I began my employment with Deluxe. No child support orders, garnishment orders, or other orders requiring that money owed to me by certified mailDeluxe be paid to any other person are now in effect. I represent and confirm that I have been fully paid for all wages, return receipt requestedovertime, commissions, bonuses, and other compensation that I earned during my employment with the Company or that were due to me through the date of this Release. I have read this Release carefully and carefully. I understand all of its terms. I have had the opportunity to review this Release with my own attorney. In agreeing to sign signing this Release, I have not relied on any statements or explanations made by the Employer or its agents other than those Deluxe except as specifically set forth in the Release and Change of Control Agreement. I understand and agree that am voluntarily releasing My Claims against the Company. I intend this Release and Change of Control the Agreement to which it is attached contain all the agreements between the Employer and me. We have no other written or oral agreementsbe legally binding. Dated: WitnessApril 25, 2018 Xxx X. Xxxxxx A-4 EXHIBIT B SECOND RELEASE BY XXX X. XXXXXX Definitions. I intend all words used in this Release to have their plain meanings in ordinary English. Specific terms that I use in this Release have the following meanings:
Appears in 1 contract
Samples: Transition Agreement
Additional Agreements and Understandings. Even though the Employer is paying me to release My Claims, the Employer expressly denies that it is responsible or legally obligated for My Claims or that is has engaged in any wrongdoing. I understand that I may have [twenty-one (21) 21)/forty-five (45)] calendar days from the day that I receive this Release, not counting the day upon which I receive it, to consider whether I wish to sign this Release. I further understand that the Employer recommends that I consult with an attorney before executing this Release. I agree that if I sign this Release before the end of the [twenty-one (21) 21)/forty-five (45)] day period, it is because I have decided that I have already had sufficient time to decide whether to sign the Release. I understand that I may rescind (that is, cancel) this Release within seven (7) calendar days of signing it to reinstate federal civil rights claims (if any). To be effective, my rescission must be in writing and delivered to the Employer, Attention General Counsel, Danka, 00000 Xxxxxxxxx Xxxx., Xx. Xxxxxxxxxx, Xxxxxxx, 00000, either by hand or by mail within the required period. If sent by mail, the rescission must be: Postmarked within the relevant period; Properly addressed to the General Counsel; and Sent by certified mail, return receipt requested. I have read this Release carefully and understand all its terms. I have had the opportunity to review this Release with my own attorney. In agreeing to sign this Release, I have not relied on any statements or explanations made by the Employer or its agents other than those set forth in the Release and Change of Control Agreement. I understand and agree that this Release and Change of Control Agreement to which it is attached contain all the agreements between the Employer and me. We have no other written or oral agreements. Dated: Witness:
Appears in 1 contract
Additional Agreements and Understandings. Even though the Employer is paying me to release My Claims, the Employer expressly denies that it is responsible or legally obligated for My Claims or that is has engaged in any wrongdoing. I understand that I may have twenty-one (21) calendar days from the day that I receive this Release, not counting the day upon which I receive it, to consider whether I wish to sign this Release. I further understand that the Employer recommends that I consult with an attorney before executing this Release. I agree that if I sign this Release before the end of the twenty-one (21) day period, it is because I have decided that I have already had sufficient time to decide whether to sign the Release. I understand that I may rescind (that is, cancel) this Release within seven (7) calendar days of signing it to reinstate federal civil rights claims (if any). To be effective, my rescission must be in writing and delivered to the Employer, Attention General Counsel, Danka, 00000 11000 Xxxxxxxxx Xxxx., Xx. Xxxxxxxxxx, Xxxxxxx, 00000, either by hand or by mail within the required period. If sent by mail, the rescission must be: Postmarked within the relevant period; Properly addressed to the General Counsel; and Sent by certified mail, return receipt requested. I have read this Release carefully and understand all its terms. I have had the opportunity to review this Release with my own attorney. In agreeing to sign this Release, I have not relied on any statements or explanations made by the Employer or its agents other than those set forth in the Release and Change of Control Agreement. I understand and agree that this Release and Change of Control Agreement to which it is attached contain all the agreements between the Employer and me. We have no other written or oral agreements. Dated: Witness:
Appears in 1 contract
Samples: Change of Control Agreement (Danka Business Systems PLC)
Additional Agreements and Understandings. Even though the Employer is paying me will pay Me to settle and release My Claimsany claims I may have, the Employer expressly does not admit that it is legally obligated to Me and the Employer denies that it is responsible or legally obligated for My Claims any claims or that is it has engaged in any wrongdoingimproper conduct or wrongdoing against Me. I understand agree that, except as may be required by law and except as set forth in section 4 of My employment agreement with the Employer dated as of November 1, 2016 (the “Employment Agreement”), I will not, directly or indirectly, disclose to anyone outside the Employer, any confidential or proprietary information concerning the Employer, including but not limited to confidential or proprietary information, processes or trade secrets (hereinafter referred to as “Confidential Information”) and that I may have twenty-one (21) calendar days from will not make use of any Confidential Information for My own purposes or for the day that benefit of anyone or any other entity other than for the Employer. I receive agree to do the following on or before the Separation Date: to return to the Employer any and all documents, materials, records, computer discs, database information, client information, sales documents, financial statements, budgets, forecasts or other items in My possession or control belonging to the Employer or containing Confidential Information relating to the Employer; to surrender to the Employer any identification or credit cards, keys, telephones, cell phones, computers, or other equipment or other such items owned by the Employer or within My possession; and to promptly reconcile any outstanding expense accounts. By signing this Release, not counting the day upon which I receive it, to consider whether I wish to sign this Release. I further understand that the Employer recommends that I consult with an attorney before executing this Release. I agree that if I sign this Release before the end of the twenty-one (21) day period, it is because I have decided acknowledge that I have already had sufficient time to decide whether to sign been, at all times, an “at-will” employee of the Release. I understand Employer; that I may rescind (have not suffered a work-related injury that is, cancel) this Release within seven (7) calendar days of signing it to reinstate federal civil rights claims (if any). To be effective, my rescission must be in writing and delivered I have not properly disclosed to the Employer, Attention General Counsel, Danka, 00000 Xxxxxxxxx Xxxx., Xx. Xxxxxxxxxx, Xxxxxxx, 00000, either by hand or by mail within ; that I have been paid in full all wages due and owing to Me for any and all work performed for the required period. If sent by mail, the rescission must be: Postmarked within the relevant period; Properly addressed to the General CounselEmployer; and Sent by certified mail, return receipt requestedthat I do not have knowledge of any facts that would give rise to a claim under the Family and Medical Leave Act. I have read this Release very carefully and understand all its terms. I have had am hereby being advised by the opportunity Employer to review consult with an attorney prior to signing this Release. My decision to sign or not to sign this Release is My own voluntary decision made with my own full knowledge that the Employer has advised Me to consult with an attorney. In agreeing to sign this Release, I have not relied on any statements or explanations explanation made by the Employer or its agents other than those set forth in the attorneys. I am old enough to sign this Release and Change to be legally bound by the agreements that I am making. I represent that I have not filed for personal bankruptcy or been involved in any personal bankruptcy proceeding between the time any of Control AgreementMy Claims may have accrued and the date of My signature below. I am legally able to receive the entire sum of money being paid to Me by the Employer in settlement of My Claims. I have not assigned or pledged any of My Claims or any portion of them to any third person. I am a resident of the State of New York and have executed this Release within the State of New York. I understand and agree that this Release and Change of Control Agreement to which it is attached contain contains all the agreements between the Employer and me. We have no other written or oral agreements. Dated: Witness:Me relating to this settlement.
Appears in 1 contract