Employee’s Acknowledgements. The Employee acknowledges that he: (a) has read this Agreement; (b) has been represented in the preparation, negotiation and execution of this Agreement by legal counsel of the Employee’s own choice or has voluntarily declined to seek such counsel; and (c) understands the terms and consequences of this Agreement.
Employee’s Acknowledgements. The Employee hereby acknowledges the following:
(i) This Release Agreement is written in a manner that the Employee can and does understand, and the Employee is fully competent to execute this Release Agreement;
(ii) The Employee has read this Release Agreement carefully and fully understands all of the provisions of this Release Agreement;
(iii) The Employee understands that, subject to the exceptions specified above, this Release Agreement specifically waives all claims the Employee may have against the Company (including but not limited to, ADEA claims), whether or not they are specifically listed above and whether or not they are related to employment;
(iv) The Employee understands that the release of Employee Released Claims hereunder is final and binding;
(v) The Employee understands and agrees that the Employee cannot challenge the enforceability of the Release Agreement and the release of Employee Released Claims hereunder, except as the Release Agreement relates to rights and age discrimination claims under the ADEA;
(vi) None of the Company Released Parties has made any promise or representation to the Employee that is not set forth in this Release Agreement. In signing this Release Agreement, the Employee is not relying on any such promise or representation but instead is relying solely on the Employee’s own judgment and on the agreement of the Company to comply with its obligations under this Release Agreement;
(vii) The Employee has been given a reasonable amount of time to consider the terms of this Release Agreement and to seek advice from legal counsel and tax advisors relating to the legal effect of the release of Employee Released Claims and the tax implications of the severance payments and benefits;
(viii) The Employee knowingly and voluntarily enters into this Release Agreement without duress or coercion from any source;
(ix) The severance payments and benefits and other rights that are subject to or provided in this Release Agreement are adequate and sufficient consideration for entering into this Release Agreement;
(x) The Employee has been paid all of the Employee’s earned wages through the date the Employee signs this Release Agreement (other than any base salary owed for the pay period in which the Employee signs this Release Agreement); and
(xi) As of the date the Employee signs this Release Agreement, and except as previously fully reported to the Company, the Employee acknowledges and represents, to the best of the Employee’s k...
Employee’s Acknowledgements. Employee acknowledges and agrees that,
(a) Employee has been advised by the Company, and is xxxxxx advised in writing, to consult with an attorney of his choosing before signing this Agreement;
(b) Employee has had sufficient time to consider this Agreement before signing it;
(c) Employee is receiving, pursuant to this Agreement, consideration in addition to anything of value to which he is already entitled;
(d) Neither the Company nor any other Company Party has provided any tax or legal advice to Employee regarding this Agreement, and Employee has had an adequate opportunity to receive sufficient tax and legal advice from advisors of his own choosing US 9340655 such that Employee enters into this Agreement voluntarily and with full understanding of the tax and legal implications thereof; and
(e) Employee fully understands the final and binding effect of this Agreement, is signing this Agreement knowingly, voluntarily, and of his own free will, and understands and agrees to each of the terms and conditions of this Agreement.
Employee’s Acknowledgements. Employee acknowledges and agrees that, during the course of Employee’s employment with the Company, Employee has been provided with the Company’s and its Affiliates’ confidential information and become associated with the Company’s and its Affiliates’ goodwill. Employee further acknowledges and agrees that, as a consequence of Employee’s continued employment and entry into the Restricted Stock Agreement, Employee will receive benefits to which Employee was not otherwise entitled and will be provided with, and have access to, additional confidential information of the Company and its Affiliates and become further associated with, and will further build, customer relationships and the Company’s and its Affiliates’ goodwill. Employee acknowledges and agrees that: the provisions of this Exhibit A are no greater than necessary to protect the Company’s and its Affiliates’ legitimate business interests, including the protection of their confidential information, customer relationships and goodwill; the provisions of this Exhibit A create no undue hardship on Employee; and Employee is receiving sufficient consideration in exchange for Employee’s entry into this agreement. Employee further acknowledges and agrees that the restrictions set forth in this Exhibit A are reasonable and that Employee has had, or will have, responsibilities with regard to, and has received or will receive, confidential information about, the Business operated by the Company and its Affiliates throughout the Restricted Area.
Employee’s Acknowledgements. Employee acknowledges that he has been advised to, and has had an opportunity to, consult with an attorney of his choosing and at his expense before executing this Agreement, that he has had a sufficient opportunity to read and understand the terms of this Agreement, that he has read and does understand such terms and that he is executing this Agreement voluntarily and without coercion. Employee further acknowledges that he has been offered a period of at least 21 days (through October 27, 2001) to consider this Agreement, but has voluntarily decided to execute this Agreement before the end of such 21-day period and that this Agreement shall become irrevocable following the seven-day period described in Section 12 below. The parties agree that nothing contained in this Agreement shall constitute or be treated as an admission of liability or wrongdoing by S1 or Employee.
Employee’s Acknowledgements. 13.1 Employee states and represents that he has carefully read this Agreement and knows the contents thereof, and that he has executed the same as his own free act and deed.
13.2 Employee acknowledges that he has been and is hereby advised in writing to consult with an attorney concerning this Agreement and that he had the opportunity to seek the advice of legal counsel in connection with the negotiation and execution of this Agreement. Employee further acknowledges that he has had the opportunity to ask questions about each and every provision of this Agreement and that he fully understands the effect of the provisions contained in this Agreement upon his legal rights. Employee acknowledges that he has been given at least 21 days to consider the terms of this Agreement before signing it, and that he may revoke his signature at any time before the expiration of seven (7) days after he signs and returns this Agreement. This Agreement does not take effect until eight (8) days after he signs it. If Employee intends to revoke his signature, he shall notify the Company pursuant to Section 21.
13.3 Employee agrees that he has: (i) received all compensation due him as a result of services performed for the Company with the receipt of his final paycheck; (ii) reported to the Company any and all work-related injuries incurred by Employee during him employment by the Company; and (iii) been properly provided any leave of absence due to his or a family member’s health condition and has not been subjected to any improper treatment, conduct or actions due to a request for or taking such leave.
Employee’s Acknowledgements. By executing and delivering this Agreement, Employee expressly acknowledges that:
(a) Employee has carefully read this Agreement;
(b) Employee has had sufficient time (and at least 21 days) to consider this Agreement before the execution and delivery to Company;
(c) Employee has been advised, and hereby is advised in writing, to discuss this Agreement with an attorney of Employee’s choice at Employee’s own expense, and Employee has had adequate opportunity to do so prior to executing this Agreement;
(d) Employee fully understands the final and binding effect of this Agreement; the only promises made to Employee to sign this Agreement are those stated within the four corners of this document; and Employee is signing this Agreement knowingly, voluntarily and of Employee’s own free will, and that Employee understands and agrees to each of the terms of this Agreement; and
Employee’s Acknowledgements. 3.01 Employee recognizes and understands that his duties at Ed- Lam may include the preparation of materials, including written or graphic materials, and that any such materials conceived or written by him shall be done as "work made for hire" as defined and used in the Copyright Act of 1976, 17 U.S.
C. 1 et seq. In the event of publication of such materials, Employee understands that since the work is a "work made for hire," the Company will solely retain and own all rights in said materials, including rights of copyright, the Company may, at its discretion, on a case-by-case basis, grant Employee by-line credit on such materials as the Company may deem appropriate.
Employee’s Acknowledgements. Employee recognizes and acknowledges that: (a) in the course of Employee's employment by the Company it will be necessary for Employee to acquire information which could include, in whole or in part, information concerning the Company's sales, sales volume, sales methods, sales proposals, customers and prospective customers, identity of customers and prospective customers, identity of key purchasing personnel in the employ of customers and prospective customers, amount or kind of customer's purchases from the Company, the Company's sources of supply, the Company's computer programs, system documentation, special hardware, product hardware, related software development, the Company's manuals, formulae, processes, methods, machines, compositions, ideas, improvements, inventions or other confidential or proprietary information belonging to the Company or relating to the Company's affairs, excluding, however, such information as is publicly available or was known by Employee prior to her employment hereunder and was not subject to a confidentiality agreement (collectively referred to herein as the "Confidential Information"); (b) the Confidential Information is the property of the Company; (c) the use, misappropriation or disclosure of the Confidential Information would constitute a breach of trust and could cause irreparable injury to the Company; and (d) it is essential to the protection of the Company's goodwill and to the maintenance of the Company's competitive position that the Confidential Information be kept secretary and that Employee not disclose the Confidential Information to others or use the Confidential Information to Employee's own advantage or the advantage of others. Employee further recognizes and understands that her duties at the Company may include the preparation of materials, including written or graphic materials, and that any such materials conceived or written by him shall be done as "work made for hire" as defined and used in the Copyright Act of 1976, 17 U.S.C. (s) 1 et seq. In the event of publication of such materials, Employee -- --- understands that since the work is a "work made for hire", the Company will solely retain and own all rights in said materials, including right of copyright, and that the Company shall grant Employee by-line credit on such materials unless Employee otherwise consents.
Employee’s Acknowledgements. The Employee acknowledges that he: (i) has read this Agreement; (ii) has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of the Employee’s own choice or has voluntarily declined to seek such counsel; (iii) understands the terms and consequences of this Agreement; (iv) is fully aware of the legal and binding effect of this Agreement; and (v) understands that the law firm of Sxxx Pxxxxxx LLP is acting as counsel to the Company in connection with the transactions contemplated by the Agreement, and is not acting as counsel for the Employee.
