Additional Representations and Acknowledgments. (a) Executive represents and warrants that (a) Executive is not subject to any contract, arrangement, policy, or understanding, or to any statute, governmental rule, or regulation, that in any way limits Executive’s ability to enter into and fully perform Executive’s obligations under this Agreement and (b) Executive is otherwise able to enter into and fully perform Executive’s obligations under this Agreement. Executive further represents, warrants, and covenants that (i) prior to commencing employment with the Company, Executive has ensured compliance with all of Executive’s former employers’ policies, procedures, and codes of conduct regarding Executive’s employment termination, including the return of any company property, (ii) Executive will continue to comply with all continuing obligations that Executive may have relating to any confidential, proprietary, or trade secret information belonging to those employers, (iii) Executive, whether or not required by Executive’s former employers’ policies and procedures, has (x) reviewed all of Executive’s laptops, home computers, USB sticks, etc., to make sure that all materials relating to Executive’s prior employers (e.g., emails and documents on which Executive may have worked) have been deleted or returned to Executive’s prior employer and (y) made reasonable efforts to search Executive’s home and personal property for prior employer materials and has returned all hard copy materials relating to Executive’s prior employers, regardless of whether Executive believes their contents to be public or non-public, and (iv) Executive agrees not to place any materials that Executive used at a prior employer, other than rolodex-type non-confidential information, on the Company’s computers or emails or in the Company’s files, even if Executive was the one who wrote or created the material. In the event of a breach of any representation or covenant in this Section 7, the Company may terminate this Agreement and Executive’s employment with the Company for Cause without any liability to Executive, and Executive will indemnify the Company for any liability it may incur as a result of any such breach.
Additional Representations and Acknowledgments. By signing below, Employee agrees that this Agreement is written in a way that Employee understands it, and Employee has had an opportunity to ask any questions before signing.
Additional Representations and Acknowledgments. By signing this Agreement, you represent that you are legally able and entitled to receive the separation pay and benefits described in Section 2. You further represent that you have not been involved in any personal bankruptcy or other insolvency proceedings at any time since you began your employment with SurModics. No child support orders, garnishment orders, or other orders requiring that money owed to you by SurModics be paid to any other person are now in effect. You also represent and confirm that you have been fully paid for all wages, overtime, commissions, bonuses, and other compensation that you earned during your employment with SurModics. You also represent and confirm that during your employment with SurModics you received all leaves of absence that you requested and to which you were entitled under the Family Medical Leave Act or any other law. You acknowledge and agree that SurModics may modify or terminate its group insurance plans at any time and that you shall have the same right to participate in SurModics’ group insurance plans only as provided on an equivalent basis to other SurModics employees. In order to continue coverages, you must elect COBRA coverage in accordance with the applicable plan documents. Nothing in this Agreement extends your COBRA period for continuation of your insurance coverage under SurModics’ group plans.
Additional Representations and Acknowledgments
