Binding and Enforceable Agreement. This Agreement has been duly executed and delivered by the Purchasers and is a valid and binding agreement of the Purchasers, enforceable in accordance with its terms.
Binding and Enforceable Agreement. This Separation Agreement shall be governed by the laws of state of Florida and is accepted and executed by the parties under Florida law. All payments hereunder shall comply with the requirements of section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), and the regulations promulgated thereunder. Notwithstanding the foregoing, under no circumstances shall Tupperware be responsible for any taxes, penalties, interest or other losses or expenses incurred by ASSOCIATE due to any failure to comply with section 409A of the Code. If any part of the Separation Agreement is found to be illegal or invalid and cannot be modified to render it valid and enforceable, excluding the release of all claims, such provision shall immediately be null and void leaving the rest of the Separation Agreement in full force and effect. By signing this Separation Agreement, ASSOCIATE also acknowledges that:
a. ASSOCIATE has read and understands all the provisions of the Separation Agreement and has not been coerced or threatened into signing it;
b. Tupperware has advised ASSOCIATE to consult with an attorney prior to signing the Separation Agreement and its incorporated release of all claims;
c. ASSOCIATE has not relied on any representations, promises, or agreements of any kind made in connection with the Separation Agreement, except for those specifically set forth in this Separation Agreement; and
d. Except with respect to statutorily protected rights which cannot be waived, ASSOCIATE agrees that he/she will not in the future file any claim, charge, complaint, or action in any forum relating to ASSOCIATE'S employment with or separation from Tupperware. Unless otherwise set forth in this Agreement, if ASSOCIATE violates the release of all claims incorporated in this Separation Agreement by bringing a claim, charge, complaint, or action against Tupperware or any of the Released Parties and Tupperware is compelled to defend itself as a result, ASSOCIATE agrees that he/she shall be liable for all attorneys' fees and costs incurred by Tupperware. ASSOCIATE also agrees that he/she shall not be entitled to recover any relief or recovery, including costs and attorneys’ fees, should ASSOCIATE exercise a statutorily protected right to file a claim, charge, complaint, or action.
Binding and Enforceable Agreement. The Company represents and warrants to the Executive that it has all requisite power and authority to execute, deliver, and perform this Agreement and all necessary corporate proceedings of the Company and has been duly taken to authorize the execution, delivery, and performance of this Agreement by it and that this Agreement constitutes its binding obligation enforceable in accordance with its terms. *** SIGNATURE PAGE FOLLOWS
Binding and Enforceable Agreement. Each Party waives and relinquishes any and all rights, under principles of law and equity, to rescind, vacate, or otherwise challenge this Agreement (including its making or enforceability), including but not limited to duress, coercion, unilateral mistake, mutual mistake, fraud in the inducement, or breach of any obligations or duties which any Party owed, or may have owed, any other Party from the beginning of the world to the date of this Agreement, arising under statutory or common law, or rule of procedure, including but not limited to disclosure or discovery obligations in any litigation between or among the Parties.
Binding and Enforceable Agreement. This Agreement shall be binding upon the parties and upon their heirs, administrators, representatives, executors, and assigns. Should any provision of this Agreement be determined by any court to be wholly or partially illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected, and any illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this Agreement. If any action is taken or commenced to enforce any claim, demand, debt, action, cause of action, liability, cost, or obligation arising by virtue of this Agreement or the relationship established hereby, or if any action is commenced to enforce any of the provisions of this Agreement, the prevailing party in such action shall be entitled, in addition to any other remedies, to an award of their attorneys' fees.
Binding and Enforceable Agreement. The Parties acknowledge that they have entered into this Agreement intending it to be legally binding and enforceable.
Binding and Enforceable Agreement. Owner and Operator shall execute and deliver all other appropriate supplemental agreements and other instruments, and take any other action necessary to make this Agreement fully and legally effective, binding, and enforceable as between them and as against third parties.
Binding and Enforceable Agreement. Each Party waives and relinquishes any and 93 all rights, under principles of law and equity, to rescind, vacate, or otherwise challenge this Agreement 94 (including its making or enforceability), including but not limited to duress, coercion, unilateral mistake, 95 mutual mistake, fraud in the inducement, or breach of any obligations or duties which any Party owed, 96 or may have owed, any other Party arising under statutory or common law subject to the approval of 97 DCI2019-E005.
Binding and Enforceable Agreement. This Agreement has been duly executed and delivered by each of the Individual Vendors and constitutes a legal, valid and binding obligation of each of the Individual Vendors enforceable in accordance with its terms.
Binding and Enforceable Agreement. This Agreement has been duly authorized, executed and delivered by PRL and constitutes a legal, valid and binding obligation of PRL, enforceable in accordance with its terms.
