Common use of Effective Date and Revocation Clause in Contracts

Effective Date and Revocation. This Agreement shall become effective and enforceable on the eighth (8th) day immediately following the date of execution of this Agreement and the parties agree that 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 the Vice President of Human Resources, and must be received by her on or before the above-mentioned eight-day deadline. Employee agrees that, if he revokes the Agreement prior to that time, he will return to Company any and all payments already received pursuant to this Agreement. The Agreement may not be revoked after that time. Employee agrees that if he ever attempts to rescind, revoke or annul this Agreement or if he attempts at any time to make, assert or prosecute any claim(s) covered by the release contained in Section 3 of this Agreement, he will, prior to filing or instituting such claim(s), return to Company any all payments already received by him 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 Employee, 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 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 rights to seek and obtain other remedies for breach of this Agreement.

Appears in 1 contract

Sources: Separation Agreement (Indus International Inc)

Effective Date and Revocation. Employee shall have twenty-one (21) days to consider the Release prior to signing it. This Agreement shall become will be enforceable and effective and enforceable on the eighth (8th) day immediately following after Employee signs the date Release and returns it to the Employer and the Company (the “Effective Date”); provided that, upon delivery of execution a timely notice of revocation of the Release, this Agreement will be null and the parties agree that 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 the Vice President of Human Resourcesvoid, and must neither the Employer, the Company nor Employee will have rights or obligations under it. The Release may not be received by her revoked on or before after the above-mentioned eight-day deadlineEffective Date. Employee agrees that, with the exception of an action to challenge Employee’s waiver of claims under the ADEA, should Employee ever attempt to revoke, rescind, void, or challenge this Agreement or the Release or if he revokes Employee ever attempts to make, assert, or prosecute any Claims included in the Agreement prior to that timeRelease, he Employee will as a condition precedent, (i) return to Company any and all payments already received pursuant made to this Agreement. The Agreement may not be revoked after that time. Employee agrees that if he ever attempts to rescind, revoke or annul this Agreement or if he attempts at any time to make, assert or prosecute any claim(s) covered by the release contained in Section 3 of this Agreement, he will, prior to filing or instituting such claim(s), return to Company any all payments already received by him under Section 2 of this Agreement, plus interest at the highest legal rate, and, if Company prevails and (ii) forfeit all shares and options received in defending connection with the enforceability of any portion of the Agreement or in defending itself against any such claim brought by Employee, 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 vesting under the terms Section 4 of this Agreement (and the proceeds from any sale of such shares (or pay Company all the shares received upon exercise of its attorneys’ fees and costs incurred in its defense options), plus interest at the highest legal rate). Furthermore, with the exception of an action to challenge 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, if Employee does not prevail in an action to challenge this Agreement or the Release, to obtain an order declaring this Agreement to be null and void, or in any action against the Employer, the Company or any other Releasee (as defined in the Release) based upon a Claim which is covered by the Release, Employee shall pay to the Employer, the Company and/or the appropriate Releasee all their costs and attorneys’ fees incurred in their defense of Employee’s action. Nothing in this Agreement shall limit the Employer’s or the Company’s rights right to seek and obtain other remedies for breach of this AgreementAgreement or the Release.

Appears in 1 contract

Sources: Separation Agreement (Syniverse Holdings 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 parties agree that Employee 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 the Vice President of Human Resources▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Esquire, ▇▇▇▇▇▇ & Bird, LLP, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ and must be received by her on him at or before the above-mentioned eighteighth-day deadline. Employee 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 payments already received other property or cash paid to or on behalf of Executive by Company pursuant to this AgreementAgreement prior to such eighth-day deadline. The Agreement may not be revoked after that time. Employee 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 Release and Covenant Not To ▇▇▇ contained in Section 3 of this Agreementabove, 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 received 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 EmployeeExecutive, 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

Sources: Separation Agreement (Tropical Sportswear International Corp)

Effective Date and Revocation. This Agreement shall become effective and enforceable at 12:01 a.m. on the eighth (8th) day immediately following the date of execution of this Agreement and the parties agree that 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 K▇▇▇▇ ▇. ▇▇▇▇▇, President and Chief Executive Officer of the Vice President of Human ResourcesCompany, and must be received by her on him at or before the above-mentioned eighteighth-day deadline. Employee agrees that, if he revokes the Agreement prior to that time, he will return to Company any and all payments already received pursuant to this Agreement. The Agreement may not be revoked after that expiration of the above-described revocation period and, if after such time. , Employee agrees that if he ever attempts to rescind, revoke or annul this Agreement or if he attempts at any time to make, assert or prosecute any claim(s) covered by the release contained in Section Paragraph 3 of this Agreementabove, he will, prior to filing or instituting such claim(s), return to Company any all payments already received by him 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 Employee, he will pay Company’s 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 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 rights to seek and obtain other remedies for breach of this Agreement.

Appears in 1 contract

Sources: Separation Agreement (LHC Group, Inc)

Effective Date and Revocation. This Agreement shall become will be enforceable and effective and enforceable on the eighth (8th) day immediately following after ▇▇▇▇▇▇ signs it and returns it to FHLBA (the date of execution “Effective Date”). The Parties agree that ▇▇▇▇▇▇ may revoke this Agreement any time during the first seven (7) days after ▇▇▇▇▇▇ signs it. To make a valid revocation of this Agreement and the parties agree that Employee may revoke the Agreement at will prior to that time by giving written Agreement, ▇▇▇▇▇▇ must deliver a signed notice of the revocation to Company. Such notice must be delivered FHLBA, either via personal delivery or via next day overnight delivery by a reliable carrier, to the Vice President attention of: ▇▇▇▇▇ ▇▇▇▇▇▇, Chief Human Resource Officer, Federal Home Loan Bank of Human ResourcesAtlanta, and ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. This notice of revocation must be received by her on or before the above-mentioned eight-end of the seven (7) day deadlinerevocation period. Employee agrees thatUpon delivery of a timely notice of revocation, if he revokes the this Agreement prior to that timewill be null and void, he and neither ▇▇▇▇▇▇ nor FHLBA will return to Company any and all payments already received pursuant to this Agreementhave rights or obligations under it. The Agreement may not be revoked after that timethe Effective Date. Employee agrees that if he ever If ▇▇▇▇▇▇ attempts to rescind, revoke or annul this Agreement after the Effective Date, or if he attempts at any time to make, assert or prosecute any claim(s) claim covered by the release contained in Section 3 of this Agreement4 above, he willagrees, prior to filing or instituting such claim(s)claim, to return to Company FHLBA any and all payments already received by him under this Agreement, plus interest at the highest legal rate, Agreement and, if Company FHLBA prevails in defending the enforceability of any portion of the Agreement or in defending itself against any such claim brought by Employee▇▇▇▇▇▇, he will pay CompanyFHLBA’s attorney’s fees and costs incurred in defending itself against the claim(s) claims and/or the attempted revocation, recission rescission or annulment; provided. FHLBA agrees, however, that Employee ▇▇▇▇▇▇ shall not be required to repay the monies paid to him under the terms of this Agreement in consideration of his waiver of claims under the ADEA or pay Company FHLBA 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 rights to seek and obtain other remedies for breach of this Agreement.

Appears in 1 contract

Sources: Confidential Agreement and Release (Federal Home Loan Bank of Atlanta)

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 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 Adam Battani, the Vice President of Human ResourcesCompany's General Counsel, and must be received by her on or before ▇▇▇ ▇▇ ▇▇ ▇▇fore the above-mentioned eighteighth-day deadline. Employee agrees that, if he revokes the Agreement prior to that time, he will return to Company any and all payments already received pursuant to this Agreement and that the Company will have no further obligation to Employee under this Agreement. The Agreement may not be revoked after that time. Employee also agrees that if he ever attempts to rescind, revoke or annul this Agreement after the revocation period or if he attempts at any time to make, assert or prosecute any claim(s) covered by the release Release and Covenant Not To Sue contained in Section Paragraph 3 of this Agreementabove, he will, prior to filing or instituting insti▇▇▇ing such claim(s), return to Company any and all payments already received by him 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 Employee, 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 's action (except those attorneys' fees or costs 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 's rights to seek and obtain other remedies for breach of this Agreement.

Appears in 1 contract

Sources: Separation and Release Agreement (Indus International Inc)