Common use of Effective Date and Revocation Clause in Contracts

Effective Date and Revocation. This Agreement shall become effective and enforceable at twelve o'clock (12:00) noon on the eighth (8th) day immediately following the date of execution of this Agreement and the parties agree that Executive may revoke the Agreement at will prior to that time by giving written notice of the revocation to Company. Such notice must be delivered to Xxxxxxx X. Xxxxx, Esquire, Xxxxxx & Bird, LLP, 0000 Xxxx Xxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxx 00000-0000 and must be received by him at or before the above-mentioned eighth-day deadline. Executive agrees that, if he revokes the Agreement prior to that time, contemporaneous with and as a precondition to any revocation, he will return to Company any portion of the $4,160,000 in cash payments paid to or on behalf of Executive by Company prior to the eighth day following the execution this Agreement, including all taxes paid on his behalf and all other property or cash paid to or on behalf of Executive by Company pursuant to this Agreement prior to such eighth-day deadline. The Agreement may not be revoked after that time. Executive also agrees that if he ever attempts to rescind, revoke or annul this Agreement after the seven-day revocation period or if he attempts at any time to make, assert or prosecute any claim(s) covered by the Release and Covenant Not To Xxx contained in Section 3 above, except solely a claim under the ADEA, he will, prior to filing or instituting such claim(s), return to Company the gross amount of any all payments already paid by the Company to or on behalf of him (including taxes paid on his behalf) under this Agreement, plus interest at the highest legal rate, and, if Company prevails in defending the enforceability of any portion of the Agreement or in defending itself against any such claim brought by Executive, he will pay Company's attorney's fees and costs incurred in defending itself against the claim(s) and/or the attempted revocation, recission or annulment. Nothing in this Agreement shall limit Company's rights to seek and obtain other remedies for breach of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Tropical Sportswear International Corp)

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Effective Date and Revocation. This Agreement shall become be effective and enforceable at twelve o'clock o’clock (12:00) noon midnight on the eighth seventh (8th7th) full calendar day immediately following the date of execution of this Agreement (the “Effective Date”) and the parties agree that Executive Employee may revoke the Agreement at will prior to that time by giving written notice of the revocation to the Company. Such notice must For such a revocation by Employee to be delivered to Xxxxxxx X. Xxxxxeffective, Esquire, Xxxxxx & Bird, LLP, 0000 Xxxx Xxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxx 00000-0000 and it must be received by him at or before the above-mentioned eighth-day deadlineCompany’s General Counsel, Xx. Executive Xxxxxx Xxxxx Tillman, prior to the Effective Date. Employee agrees that, if he revokes the Agreement prior to that time, contemporaneous with and as a precondition to any revocation, he will return to the Company any portion of the $4,160,000 in cash payments paid to or on behalf of Executive by Company prior to the eighth day following the execution this Agreement, including all taxes paid on his behalf and all other property or cash paid to or on behalf of Executive by Company payments already received pursuant to this Agreement prior to such eighth-day deadlineAgreement. The Agreement may not be revoked after that timethe Effective Date. Executive Employee also agrees that that, if he ever attempts to rescind, revoke or annul this Agreement after the seven-day revocation period Effective Date (other than with respect solely to making a claim under the ADEA) or if he attempts at any time to make, assert or prosecute any claim(s) ), other than claims pursuant to the ADEA, covered by the General Release of All Claims and Covenant Not To Xxx contained Potential Claims set forth in Section 3 Paragraph 4 above, except solely a claim under the ADEA, he will, prior to filing or instituting such claim(s), will first return to the Company the gross amount of any and all payments already paid received by the Company to or on behalf of him (including taxes paid on his behalf) under this Agreement, plus interest at the highest legal rate, and, if Company prevails in defending except with respect to claims under the enforceability of any portion of the Agreement or in defending itself against any such claim brought by ExecutiveADEA, he will pay the Company's attorney's ’s attorneys’ fees and costs incurred in defending itself against the claim(s) and/or the attempted revocation, recission rescission or annulment. Nothing in this Agreement shall limit Company's rights to seek and obtain other remedies for breach of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Aflac Inc)

Effective Date and Revocation. This Agreement shall become effective and enforceable at twelve o'clock (12:00) noon on the eighth (8th) day immediately following the date of execution of this Agreement and the Agreement. The parties agree that Executive Employee may revoke the Agreement at will prior to that time by giving written notice of the revocation to Company. Such To be effective, the parties agree that such notice of revocation must be delivered to Xxxxxxx X. XxxxxAdam Battani, Esquirethe Company's General Counsel, Xxxxxx & Bird, LLP, 0000 Xxxx Xxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxx 00000-0000 and must be received by him at or before xxx xx xx xxfore the above-mentioned eighth-day deadline. Executive Employee agrees that, if he revokes the Agreement prior to that time, contemporaneous with and as a precondition to any revocation, he will return to Company any portion of the $4,160,000 in cash payments paid to or on behalf of Executive by Company prior to the eighth day following the execution this Agreement, including all taxes paid on his behalf and all other property or cash paid to or on behalf of Executive by Company payments already received pursuant to this Agreement prior and that the Company will have no further obligation to such eighth-day deadlineEmployee under this Agreement. The Agreement may not be revoked after that time. Executive Employee also agrees that if he ever attempts to rescind, revoke or annul this Agreement after the seven-day revocation period or if he attempts at any time to make, assert or prosecute any claim(s) covered by the Release and Covenant Not To Xxx Sue contained in Section Paragraph 3 above, except solely a claim under the ADEA, he will, prior to filing or instituting instixxxing such claim(s), return to Company the gross amount of any and all payments already paid received by the Company to or on behalf of him (including taxes paid on his behalf) under this Agreement, plus interest at the highest legal rateannual rate of ten percent (10%), and, if Company prevails in defending the enforceability of any portion of the Agreement or in defending itself against any such claim brought by ExecutiveEmployee, he will pay Company's attorney's fees and costs incurred in defending itself against the claim(s) and/or the attempted revocation, recission or annulment; provided, however, that Employee shall not be required to repay the monies paid to him under the terms of this Agreement or pay Company all of its attorneys' fees and costs incurred in its defense of Employee's action (except those attorneys' fees specifically authorized under federal or state law) in the event that Employee seeks only to challenge his waiver of claims under the ADEA. Nothing in this Agreement shall limit Company's rights to seek and obtain other remedies for breach of this Agreement.

Appears in 1 contract

Samples: Separation and Release Agreement (Indus International Inc)

Effective Date and Revocation. This Agreement shall become effective and enforceable at twelve o'clock (12:00) noon 12:01 a.m. on the eighth (8th) day immediately following the date of execution of this Agreement and the parties agree that Executive Employee may revoke the Agreement at will prior to that time by giving written notice of the revocation to Company. Such notice must be delivered to Xxxxxxx Kxxxx X. Xxxxx, EsquirePresident and Chief Executive Officer of the Company, Xxxxxx & Bird, LLP, 0000 Xxxx Xxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxx 00000-0000 and must be received by him at or before the above-mentioned eighth-day deadline. Executive Employee agrees that, if he revokes the Agreement prior to that time, contemporaneous with and as a precondition to any revocation, he will return to Company any portion of the $4,160,000 in cash payments paid to or on behalf of Executive by Company prior to the eighth day following the execution this Agreement, including all taxes paid on his behalf and all other property or cash paid to or on behalf of Executive by Company payments already received pursuant to this Agreement prior to such eighth-day deadlineAgreement. The Agreement may not be revoked after that expiration of the above-described revocation period and, if after such time. Executive also agrees that if he ever , Employee attempts to rescind, revoke or annul this Agreement after the seven-day revocation period or if he attempts at any time to make, assert or prosecute any claim(s) covered by the Release and Covenant Not To Xxx release contained in Section Paragraph 3 above, except solely a claim under the ADEA, he will, prior to filing or instituting such claim(s), return to Company the gross amount of any all payments already paid received by the Company to or on behalf of him (including taxes paid on his behalf) under this Agreement, plus interest at the highest legal rate, and, if Company prevails in defending the enforceability of any portion of the Agreement or in defending itself against any such claim brought by ExecutiveEmployee, he will pay Company's Company ‘s attorney's ’s fees and costs incurred in defending itself against the claim(s) and/or the attempted revocation, recission or annulment; provided, however, that Employee shall not be required to repay the monies paid to him under the terms of this Agreement or pay Company all of its attorneys’ fees and costs incurred in its defense of Employee’s action (except those attorneys’ fees or costs specifically authorized under federal or state law) in the event that Employee seeks to challenge his waiver of claims under the ADEA. Nothing in this Agreement shall limit Company's ’s rights to seek and obtain other remedies for breach of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (LHC Group, Inc)

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Effective Date and Revocation. This Agreement shall become effective and enforceable at twelve o'clock (12:00) noon on the eighth (8th) day immediately following the date of execution of this Agreement and the parties agree that Executive Employee may revoke the Agreement at will prior to that time by giving written notice of the revocation to Company. Such notice must be delivered to Xxxxxxx X. Xxxxxthe Vice President of Human Resources, Esquire, Xxxxxx & Bird, LLP, 0000 Xxxx Xxxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxx 00000-0000 and must be received by him at her on or before the above-mentioned eightheight-day deadline. Executive Employee agrees that, if he revokes the Agreement prior to that time, contemporaneous with and as a precondition to any revocation, he will return to Company any portion of the $4,160,000 in cash payments paid to or on behalf of Executive by Company prior to the eighth day following the execution this Agreement, including all taxes paid on his behalf and all other property or cash paid to or on behalf of Executive by Company payments already received pursuant to this Agreement prior to such eighth-day deadlineAgreement. The Agreement may not be revoked after that time. Executive also Employee agrees that if he ever attempts to rescind, revoke or annul this Agreement after the seven-day revocation period or if he attempts at any time to make, assert or prosecute any claim(s) covered by the Release and Covenant Not To Xxx release contained in Section 3 above, except solely a claim under the ADEAof this Agreement, he will, prior to filing or instituting such claim(s), return to Company the gross amount of any all payments already paid received by the Company to or on behalf of him (including taxes paid on his behalf) under this Agreement, plus interest at the highest legal rate, and, if Company prevails in defending the enforceability of any portion of the Agreement or in defending itself against any such claim brought by ExecutiveEmployee, he will pay Company's ’s attorney's ’s fees and costs incurred in defending itself against the claim(s) and/or the attempted revocation, recission or annulment; provided, however, that Employee shall not be required to repay the monies paid to him under the terms of this Agreement or pay Company all of its attorneys’ fees and costs incurred in its defense of Employee’s action (except those attorneys’ fees or costs specifically authorized under federal or state law) in the event that Employee seeks to challenge his waiver of claims under the ADEA. Nothing in this Agreement shall limit Company's ’s rights to seek and obtain other remedies for breach of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Indus International Inc)

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