Common use of Consideration and Revocation Periods Clause in Contracts

Consideration and Revocation Periods. Executive, by Executive’s free and voluntary act of signing below, (a) acknowledges that Executive has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (b) acknowledges that Executive has been advised to consult with an attorney prior to executing this Release, (c) acknowledges that Executive understands that this Release specifically releases and waives all rights and claims Executive may have under the ADEA, prior to the date on which Executive signs this Release, and ( d) agrees to all of the terms of this Release and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Release and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Release. Rather, the terms of this Release shall be construed fairly as to both Patties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Release. This Release will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive (the “Effective Date”). During the seven-day period prior to the Effective Date, Executive may revoke Executive’s agreement to accept the terms hereof by giving notice to the Company of Executive’s intention to revoke. If Executive exercises Executive’s right to revoke hereunder, Executive shall not be entitled, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Executive executes and does not revoke a comparable release of claims, at1d to the extent such payments or benefits have already been made, Executive agrees that Executive will immediately reimburse the Company for the amounts of such payments and benefits to which he is not entitled.

Appears in 2 contracts

Samples: Executive Employment Agreement (Sonida Senior Living, Inc.), Executive Employment Agreement (Capital Senior Living Corp)

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Consideration and Revocation Periods. ExecutiveEmployee, by ExecutiveEmployee’s free and voluntary act of signing below, (a) acknowledges that Executive Employee has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (b) acknowledges that Executive Employee has been advised to consult with an attorney prior to executing this Release, (c) acknowledges that Executive Employee understands that this Release specifically releases and waives all rights and claims Executive Employee may have under the ADEA, prior to the date on which Executive Employee signs this Release, and ( (d) agrees to all of the terms of this Release and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Release and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Release. Rather, the terms of this Release shall be construed fairly as to both Patties Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Release. This Release will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive Employee (the “Effective Date”). During the seven-day period prior to the Effective Date, Executive Employee may revoke ExecutiveEmployee’s agreement to accept the terms hereof by giving notice to the Company of ExecutiveEmployee’s intention to revoke. If Executive Employee exercises ExecutiveEmployee’s right to revoke hereunder, Executive Employee shall not be entitled, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Executive Employee executes and does not revoke a comparable release of claims, at1d and to the extent such payments or benefits have already been made, Executive Employee agrees that Executive Employee will immediately reimburse the Company for the amounts of such payments and benefits to which he is not entitled.

Appears in 2 contracts

Samples: Separation Agreement and Release (Capital Senior Living Corp), Employment Agreement (Capital Senior Living Corp)

Consideration and Revocation Periods. Executive, by Executive’s 's free and voluntary act of signing below, (a) acknowledges that Executive has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (b) acknowledges that Executive has been advised to consult with an attorney prior to executing this Release, (c) acknowledges that Executive understands that this Release specifically releases and waives all rights and claims Executive may have under the ADEA, prior to the date on which Executive signs this Release, and ( d) agrees to all of the terms of this Release and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Release and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Release. Rather, the terms of this Release shall be construed fairly as to both Patties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Release. This Release will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive (the "Effective Date"). During the seven-day period prior to the Effective Date, Executive may revoke Executive’s 's agreement to accept the terms hereof by giving notice to the Company of Executive’s 's intention to revoke. If Executive exercises Executive’s 's right to revoke hereunder, Executive shall not be entitled, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Executive executes and does not revoke a comparable release of claims, at1d to the extent such payments or benefits have already been made, Executive agrees that Executive will immediately reimburse the Company for the amounts of such payments and benefits to which he she is not entitled.

Appears in 1 contract

Samples: Executive Employment Agreement (Capital Senior Living Corp)

Consideration and Revocation Periods. ExecutiveEmployee, by ExecutiveEmployee’s free and voluntary act of signing below, (a) acknowledges that Executive Employee has been given a period of twenty-one (21) 21 days to consider whether to agree to the terms contained herein, (b) acknowledges that Executive Employee has been been, and is hereby, advised to consult with an attorney prior to executing this Release, (c) acknowledges that Executive Employee understands that this Release specifically releases and waives all rights and claims Executive Employee may have under the ADEA, prior to the date on which Executive Employee signs this Release, and ( (d) agrees to all of the terms of this Release and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Release and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Release. Rather, the terms of this Release shall be construed fairly as to both Patties Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Release. This Release will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive Employee (the “Effective Date”). During the seven-day period prior to the Effective Date, Executive Employee may revoke ExecutiveEmployee’s agreement to accept the terms hereof by giving notice to the Company of ExecutiveEmployee’s intention to revoke. If Executive Employee exercises ExecutiveEmployee’s right to revoke hereunder, Executive Employee shall not be entitled, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder Severance Pay until Executive Employee executes and does not revoke a comparable release of claims, at1d and to the extent such payments or benefits have already been made, Executive Employee agrees that Executive Employee will immediately reimburse the Company for the amounts of such payments and benefits to which he Employee is not entitled.

Appears in 1 contract

Samples: Advanced Emissions (Advanced Emissions Solutions, Inc.)

Consideration and Revocation Periods. Executive, by Executive’s 's free and voluntary act of signing below, (a) acknowledges that Executive has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (b) acknowledges that Executive has been advised to consult with an attorney prior to executing this Release, (c) acknowledges that Executive understands that this Release specifically releases and waives all rights and claims Executive may have under the ADEA, prior to the date on which Executive signs this Release, and ( d) agrees to all of the terms of this Release and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Release and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Release. Rather, the terms of this Release shall be construed fairly as to both Patties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Release. This Release will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive (the "Effective Date"). During the seven-day period prior to the Effective Date, Executive may revoke Executive’s 's agreement to accept the terms hereof by giving notice to the Company of Executive’s 's intention to revoke. If Executive exercises Executive’s 's right to revoke hereunder, Executive shall not be entitled, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Executive executes and does not revoke a comparable release of claims, at1d to the extent such payments or benefits have already been made, Executive agrees that Executive will immediately reimburse the Company for the amounts of such payments and benefits to which he is not entitled.

Appears in 1 contract

Samples: Executive Employment Agreement (Capital Senior Living Corp)

Consideration and Revocation Periods. Executive, by Executive understands that Executive may take up to 21 days following Executive’s free and voluntary act receipt of signing below, (a) acknowledges this Agreement to consider this Agreement. Executive understands that Executive has been given a may use as much or as little of this period of twenty-one (21) days to consider whether to agree to as Executive chooses before signing the terms contained herein, (b) acknowledges that Agreement. Executive has been is advised to consult with an attorney prior before signing this Agreement. If Executive accepts this Agreement, Executive must sign it and return it to executing Xxxxxx X. Xxxxx on or before the expiration of the 21-day period. By signing this ReleaseAgreement, (c) Executive acknowledges that Executive was afforded a period of at least 21 days from the date SecureWorks’ proposal was presented to Executive in which to consider it. In addition, Executive understands that this Release specifically releases and waives all rights and claims Executive may have under the ADEA, prior to has a period of seven (7) days following the date on of signing this Agreement within which Executive signs to revoke this Release, and ( d) agrees to all of the terms of this Release and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Release and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Release. Rather, the terms of this Release shall be construed fairly as to both Patties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Release. This Release will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive Agreement (the “Effective DateRevocation Period”). During the seven-day period prior to the Effective DateTo revoke this Agreement, Executive may revoke understands that Executive must provide written notification of revocation to Xxxxxx X. Xxxxx within seven (7) days from the date Executive signed it. If the foregoing accurately sets forth Executive’s agreement with SecureWorks, please signify by signing below and returning this Agreement in its entirely to accept Xxxxxx X. Xxxxx on or before close of business on the terms hereof by giving notice twenty-first day after this Agreement was first presented to the Company of Executive’s intention to revokeyou. If SecureWorks has not received a signed copy of this Agreement by that time, the offer reflected in this Agreement will automatically terminate and expire without further notice from Secureworks. [Signature page follows] For Executive exercises as of the Date of Agreement: Date: 3/21/2023 Signature: /s/ Xxxx Xxxxxxx Print Name: Xxxx Xxxxxxx For SecureWorks as of the Date of Agreement: Date: 3/21/2023 Signature: /s/ Xxxxxx Xxxxx Print Name: Xxxxxx Xxxxx Title: SVP & Board Secretary EXHIBIT A RELEASE AGREEMENT This final Release Agreement (“Agreement”) sets forth the mutual agreement of SecureWorks Corp., a Delaware corporation, for itself, its subsidiaries, parents (including Dell Technologies Inc. (“Dell”)) and related entities (collectively, “SecureWorks”) and Xxxx Xxxxxxx (“Executive’s right to revoke hereunder, Executive shall not be entitled, except as required by applicable wage payment laws, including but not limited to ”) regarding the Accrued Obligations, to any payment hereunder until Executive executes and does not revoke a comparable release of claims, at1d to the extent such payments or benefits have already been made, Executive agrees that Executive will immediately reimburse the Company for the amounts of such payments and benefits to which he is not entitledsubject matters addressed below.

Appears in 1 contract

Samples: Separation Agreement and Release (SecureWorks Corp)

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Consideration and Revocation Periods. ExecutiveYou understand and acknowledge that your release of claims under the Age Discrimination in Employment Act (as amended from time to time, by Executive’s free the “ADEA”) is subject to special waiver protection. Therefore, in accordance with ADEA you specifically agree that you knowingly and voluntary act voluntarily release and waive any rights or claims of signing belowdiscrimination under the ADEA. In particular, you represent and acknowledge that you understand the following: (a) acknowledges you are not waiving rights or claims for age discrimination under the ADEA that Executive has been given a period of twenty-one (21) days to consider whether to agree to may arise after the terms contained hereindate you sign this Separation Agreement, (b) acknowledges that Executive has been advised to consult with an attorney prior to executing this Releaseyou are waiving rights or claims for age discrimination under the ADEA in exchange for the Separation Payment described herein, (c) acknowledges that Executive understands that this Release specifically releases and waives all rights and claims Executive may you have under the ADEA, prior been given an opportunity to the date on which Executive signs this Release, and ( d) agrees to all of consider fully the terms of this Separation Agreement for 21 days although you are not required to wait 21 days before signing this Separation Agreement and (d) you understand that you have seven calendar days after you sign this Separation Agreement to revoke your Separation Agreement as to your release of claims under the ADEA. Any such revocation must be in writing and delivered to the address below. Midwest Holding Inc. Attention: Gxxxxxxxx Xxxxxxxx (CEO) 2000 Xxxxx 00xx Xxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 The revocation must state “I hereby revoke my acceptance of our Separation Agreement and General Release and intends to be legally bound thereby. of All Claims.” The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions portion of this Release Separation Agreement that pertains to payment of the Separation Payment and has contributed to its preparation (with advice the release of counsel). Accordingly, claims under the rule of construction to the effect that ambiguities are resolved against the drafting party ADEA shall not be employed in the interpretation of this Release. Rather, the terms of this Release shall be construed fairly as to both Patties and not in favor of become effective or against either Party, regardless of which Party generally was responsible for the preparation of this Release. This Release will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive (the “Effective Date”). During until the seven-day revocation period prior to the Effective Datehas expired, Executive may revoke Executive’s agreement to accept the terms hereof by giving notice to the Company but all other provisions of Executive’s intention to revoke. If Executive exercises Executive’s right to revoke hereunder, Executive shall not be entitled, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Executive executes and does not revoke a comparable release this Separation Agreement will become effective upon your execution of claims, at1d to the extent such payments or benefits have already been made, Executive agrees that Executive will immediately reimburse the Company for the amounts of such payments and benefits to which he is not entitledthis Separation Agreement.

Appears in 1 contract

Samples: Employee Separation Agreement (Midwest Holding Inc.)

Consideration and Revocation Periods. Executive, by Executive’s free and voluntary act of signing below, (a) acknowledges that Executive has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (b) acknowledges that Executive has been advised to consult with an attorney prior to executing this Release, (c) acknowledges that Executive understands that this Release specifically releases and waives all rights and claims Executive may have under the ADEA, prior to the date on which Executive signs this Release, and ( (d) agrees to all of the terms of this Release and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Release and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Release. Rather, the terms of this Release shall be construed fairly as to both Patties Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Release. This Release will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive (the “Effective Date”). During the seven-day period prior to the Effective Date, Executive may revoke Executive’s agreement to accept the terms hereof by giving notice to the Company of Executive’s intention to revoke. If Executive exercises Executive’s right to revoke hereunder, Executive shall not be entitled, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Executive executes and does not revoke a comparable release of claims, at1d and to the extent such payments or benefits have already been made, Executive agrees that Executive will immediately reimburse the Company for the amounts of such payments and benefits to which he is not entitled.

Appears in 1 contract

Samples: Executive Employment Agreement (Capital Senior Living Corp)

Consideration and Revocation Periods. Executive, by Executive’s 's free and voluntary act of signing below, (a) acknowledges that Executive has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (b) acknowledges that Executive has been advised to consult with an attorney prior to executing this Release, (c) acknowledges that Executive understands that this Release specifically releases and waives all rights and claims Executive may have under the ADEA, prior to the date on which Executive signs this Release, and ( d) agrees to all of the terms of this Release and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Release and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Release. Rather, the terms of this Release shall be construed fairly as to both Patties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Release. This Release will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive (the "Effective Date"). During the seven-day period prior to the Effective Date, Executive may revoke Executive’s 's agreement to accept the terms hereof by giving notice to the Company of Executive’s 's intention to revoke. If Executive exercises Executive’s 's right to revoke hereunder, Executive shall not be entitled, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Executive executes and does not revoke a comparable release of claims, at1d atl d to the extent such payments or benefits have already been made, Executive agrees that Executive will immediately reimburse the Company for the amounts of such payments and benefits to which he is not entitled.

Appears in 1 contract

Samples: Executive Employment Agreement (Capital Senior Living Corp)

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