Common use of Covenants and Acknowledgments Clause in Contracts

Covenants and Acknowledgments. Executive further understands and agrees: a) that by signing this Agreement he is voluntarily making a full and final compromise and settlement of any and all claims, disputed or otherwise, arising out of his employment relationship with Foamex including claims under the Age Discrimination in Employment Act (ADEA) which he may have, and that this Agreement will preclude any further or additional claims arising out of said relationship, but will not preclude any claims which might arise after the Agreement is executed; b) that, in accordance with the federal law, the Executive has twenty-one (21) calendar days from the date this Agreement is received by him to consider and accept the Agreement by signing and returning it to Foamex, and if so accepted, another seven (7) calendar days to revoke that acceptance should he change his mind; c) that Executive has the right to consult any attorney prior to signing this Agreement and has been encouraged to do so by Foamex; d) that Foamex and Executive have agreed that the terms of the Agreement are and shall remain completely confidential, except that the parties may disclose the terms of this Agreement to legal counsel and tax advisors. In addition, Foamex may disclose the terms of this Agreement to those individuals whose services are required to authorize, implement, or enforce the terms of this Agreement. It is understood and agreed by Executive and Foamex, that those to whom disclosure may be made under this provision, also must keep the terms of this Agreement confidential; e) that Executive acknowledges that this Agreement is contractual and not a mere recital; and agrees that this Agreement shall be given full force and effect and that it shall be binding upon Executive's heirs, executors, successors, administrators and assigns.

Covenants and Acknowledgments. The Executive further understands and agrees: a) that by signing this Agreement he is voluntarily making a full and final compromise and settlement of any and all claims, disputed or otherwise, arising out of his employment relationship with Foamex including claims under the Age Discrimination in Employment Act (ADEA) which he may have, and that this Agreement will preclude any further or additional claims arising out of said relationship, but will not preclude any claims which might arise after the Agreement is executed; b) that, in accordance with the federal law, the Executive has twenty-one (21) calendar days from the date this Agreement is received by him to consider and accept the Agreement by signing and returning it to Foamex, and if so accepted, another seven (7) calendar days to revoke that acceptance should he change his mind; c) that the Executive has the right to consult any attorney prior to signing this Agreement and has been encouraged to do so by Foamex; d) that Foamex and the Executive have agreed that the terms of the Agreement are and shall remain completely confidential, except that the parties may disclose the terms of this Agreement to legal counsel and tax advisors. In addition, Foamex may disclose the terms of this Agreement to i) any party in interest in the chapter 11 cases that demands a copy of this agreement, ii) those individuals whose services are required to authorize, implement, or enforce the terms of this AgreementAgreement or iii) as required by law. It is understood and agreed by the Executive and Foamex, that those to whom disclosure may be made under this provision, also must keep the terms of this Agreement confidential; e) that the Executive acknowledges that this Agreement is contractual and not a mere recital; and agrees that this Agreement shall be given full force and effect and that it shall be binding upon the Executive's heirs, executors, successors, administrators and assigns.

Covenants and Acknowledgments. The Executive further understands and agrees: a) that by signing this Agreement he is voluntarily making a full and final compromise and settlement of any and all claims, disputed or otherwise, arising out of his employment relationship with Foamex including claims under the Age Discrimination in Employment Act (ADEA) which he may have, and that this Agreement will preclude any further or additional claims arising out of said relationship, but will not preclude any claims which might arise after the Agreement is executed; b) that, in accordance with the federal law, the Executive has twenty-one (21) calendar days from the date this Agreement is received by him to consider and accept the Agreement by signing and returning it to Foamex, and if so accepted, another seven (7) calendar days to revoke that acceptance should he change his mind; c) that the Executive has the right to consult any attorney prior to signing this Agreement and has been encouraged to do so by Foamex; d) that Foamex and the Executive have agreed that the terms of the Agreement are and shall remain completely confidential, except that the parties may disclose the terms of this Agreement to legal counsel and tax advisors. In addition, Foamex may disclose the terms of this Agreement to those individuals whose services are required to authorize, implement, or enforce the terms of this Agreement. It is understood and agreed by the Executive and Foamex, that those to whom disclosure may be made under this provision, also must keep the terms of this Agreement confidential; e) that the Executive acknowledges that this Agreement is contractual and not a mere recital; and agrees that this Agreement shall be given full force and effect and that it shall be binding upon the Executive's heirs, executors, successors, administrators and assigns.

Covenants and Acknowledgments. The Executive further understands and agrees: a) that by signing this Agreement he is voluntarily making a full and final compromise and settlement of any and all claims, disputed or otherwise, arising out of his employment relationship with Foamex including claims under the Age Discrimination in Employment Act (ADEA) which he may have, and that this Agreement will preclude any further or additional claims arising out of said relationship, but will not preclude any claims which might arise after the Agreement is executed; b) that, in accordance with the federal law, the Executive has twenty-one (21) calendar days from the date this Agreement is received by him to consider and accept the Agreement by signing and returning it to Foamex, and if so accepted, another seven (7) calendar days to revoke that acceptance should he change his mind; c) that the Executive has the right to consult any attorney prior to signing this Agreement and has been encouraged to do so by Foamex; d) that Foamex and the Executive have agreed that the terms of the Agreement are and shall remain completely confidential, except that the parties may disclose the terms of this Agreement to legal counsel and tax advisorsadvisors or as otherwise required by law. In addition, Foamex may disclose the terms of this Agreement to those individuals whose services are required to authorize, implement, or enforce the terms of this Agreement. It is understood and agreed by the Executive and Foamex, that those to whom disclosure may be made under this provision, also must keep the terms of this Agreement confidential; e) that the Executive acknowledges that this Agreement is contractual and not a mere recital; and agrees that this Agreement shall be given full force and effect and that it shall be binding upon the Executive's heirs, executors, successors, administrators and assigns.