Employee acknowledges. (a) By executing this Release, Employee waives all rights or claims, if any, that Employee may have against the Company under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 626, et seq. (“ADEA”);
(b) That this Release has been written in a manner calculated to be understood by Xxxxxxxx, and is in fact understood by Employee;
(c) That the aforementioned waiver reflects specifically, but is not limited to, all rights or claims, if any, that Employee may have against the Company arising under the ADEA;
(d) That Employee is not waiving rights and claims that Employee may have under the ADEA against the Company that may arise after the date on which this Release is executed;
(e) That Employee is waiving rights and claims that Employee may have under the ADEA, if any, only in exchange for consideration in addition to anything of value to which Employee is already entitled;
(f) That Employee is advised and has had the opportunity to consult with an attorney of Employee’s choice prior to executing this Release;
(g) That Employee has been given a period of 21 days from the date on which Employee receives this Release, not counting the day upon which Employee receives the Release, within which to consider whether to sign this Release;
(h) That if Employee wishes to execute this Release prior to the expiration of the 21-day period set forth in subsection (g) of this Paragraph 8, Employee may do so;
(i) That Employee has been given a period of 7 days following the execution of this Release to revoke Employee’s waiver of all claims, if any, under the ADEA, and Employee’s release of any claims under the ADEA shall not become effective or enforceable until the revocation period has expired without Employee revoking Employee’s waiver of all claims under the ADEA; and
(j) To revoke Employee’s waiver of all claims under the ADEA, Employee understands that Employee must deliver a written, signed statement that Employee revokes Employee’s waiver of all claims under the ADEA to the Company by hand or by mail within the 7 day revocation period. The revocation must be postmarked within the period stated above and properly addressed to the Company at the following address: Xxxxxx Xxxx Executive Vice President and Chief Legal and Administrative Officer Crocs, Inc. 0000 Xxxx Xxx Xxxxx Xxxxxxx Niwot, CO 80503
(k) That this Release becomes null and void and of no further effect if Employee has not executed and returned this Release within twenty-one (21) days after the...
Employee acknowledges. (i) the sufficiency of the consideration included in Section 2 above for the release of Employee’s claims; (ii) that the Company is not, in the absence of this Agreement, otherwise required to make any such payment to Employee; (iii) that such payment is being made to Employee because of his agreement to fulfill the promises and to provide the releases stated in this Agreement; and (iv) that such payment is in excess of any payment or benefit, to which Employee might otherwise be entitled.
Employee acknowledges represents and agrees that Employee is not relying on any inducement, representation, promise, or other statement not expressly set forth herein in entering into this Agreement and accepting employment with the Company, including without limitation any representation regarding the term of employment or any right to continued employment, other than what is described in this Agreement.
Employee acknowledges that he has been advised to consult an attorney before signing this Agreement; that he understands the terms of this Agreement and is signing this Agreement knowingly and voluntarily. Employee further understands that he may accept this Severance Agreement offer at any time up to and including January 6, 2005 by returning one signed original of this Agreement to Xxxxx Xxxxxxxxx, Director of Human Resources, at eLoyalty Corporation, 000 Xxxxx Xxxxx, Xxxxx 000, Xxxx Xxxxxx, Xxxxxxxx 00000. If Employee does not accept this Agreement on or before that date, the offer set forth in this Agreement is automatically rescinded unless eLoyalty expressly notifies Employee in writing otherwise. To be effective, any revocation within the seven (7) day period after acceptance must be in writing and it must be received by Xxxxx Xxxxxxxxx by the close of business on the seventh day. This Agreement shall not become effective or enforceable until this seven (7) day revocation period has expired. Employee expressly acknowledges that if he revokes this Agreement, he is not entitled to any payments or benefits set forth in Paragraph 4 of this Agreement.
Employee acknowledges stipulates and agrees that irreparable injury will result to the Company and its subsidiaries and affiliates in the event of a breach of any of the covenants or agreements contained herein, and each of the undersigned agrees that in the event of any such breach of any of the provisions set forth herein, the Company and its subsidiaries or affiliates shall be entitled, in addition to any other remedies available to it (including, without limitation, damages and any right of offset), to equitable relief in the form of an injunction or otherwise to restrain any such breach hereof by the undersigned. Nothing herein contained shall in any way be construed as limiting the Company's and its subsidiaries' or affiliates' remedies in any way.
Employee acknowledges that Employee has been given at least sixty (60) days from the date he first received this Agreement, which date was October 2, 2008, during which to consider this Agreement; that Employee has been given seven (7) days after signing the Agreement to revoke acceptance; that he has been advised to consult an attorney before signing this Agreement; and that he understands the terms of this Agreement and is signing this Agreement knowingly and voluntarily. Employee further understands that he may accept this Severance Agreement offer at any time up to and including December 1, 2008, by returning one signed original of this Agreement to Xxx Xxxxxx, Director of Human Resources, at eLoyalty Corporation, 000 Xxxxx Xxxxx, Xxxxx 000, Xxxx Xxxxxx, Xxxxxxxx 00000. If Employee does not accept this Agreement on or before that date, the offer set forth in this Agreement is automatically rescinded unless eLoyalty expressly notifies Employee in writing otherwise. To be effective, any revocation within the seven (7) day period after acceptance must be in writing and it must be received by Xxx Xxxxxx by the close of business on the seventh day. This Agreement shall not become effective or enforceable until this seven (7) day revocation period has expired. Employee expressly acknowledges that if he revokes this Agreement, he is not entitled to any payments or benefits set forth in Paragraph 4 of this Agreement.
Employee acknowledges. (i) that Employee has consulted with or has had the opportunity to consult with an attorney of his choice concerning this Agreement and that Employee has been advised of his right to do so by the Company; and (ii) that Employee has read and understands the Agreement and Employee is fully aware of its legal effect, and has entered into it freely based on his own judgment and not on any representations or promises other than those contained in this Agreement.
Employee acknowledges. (i) that Employer has expended substantial time, money and other resources in establishing Employer's business, customer base and market relationships;
(ii) that as a consequence of servicing that business, customer base, and market relationships, he:
(I) acquires no personal interest or benefit; and
