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 knowledge and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed by the Company or as previously fully reported to the Company. The Employee further acknowledges that the Employee has been given the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation of any law, and that the Company has fully investigated all such reported conduct to the best of the Employee’s knowledge. If at any time in the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agency.
Appears in 2 contracts
Samples: Employment Agreement (Halcon Resources Corp), Employment Agreement (Halcon Resources Corp)
Employee’s Acknowledgements. The Employee hereby acknowledges the followingthat:
(ia) This Release Agreement is written in a manner that the Employee can and does understandhas been advised, and the Employee hereby is fully competent advised in writing, to execute consult an attorney of Employee’s choosing before signing this Release Agreement;
(iib) The No material changes have been made to this Agreement since it was first provided to Employee and Employee has read been given sufficient time (at least 21 days) to review this Release Agreement carefully and fully understands all of consider whether to accept this Agreement before signing it;
(c) Employee is not otherwise entitled to the provisions of consideration set forth in this Release Agreement, but for his entry into (and non-revocation of) this Agreement;
(iiid) The Employee fully 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 binding effect of this Agreement, Employee is signing this Agreement knowingly, voluntarily, and of Employee’s own free will, and Employee understands and agrees that the Employee cannot challenge the enforceability to each of the Release Agreement and the release terms 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;
(viie) The only matters relied upon by Employee has been given a reasonable amount of time and causing Employee to consider sign this Agreement are the terms provisions set forth in writing within the four corners 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
(xif) As No 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 Employee’s own choosing such that Employee enters into this Agreement with full understanding of the date the Employee signs this Release Agreement, tax and except as previously fully reported to the Company, the Employee acknowledges and represents, to the best of the Employee’s knowledge and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed by the Company or as previously fully reported to the Company. The Employee further acknowledges that the Employee has been given the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation of any law, and that the Company has fully investigated all such reported conduct to the best of the Employee’s knowledge. If at any time in the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agencylegal implications thereof.
Appears in 2 contracts
Samples: Separation and Release Agreement (Talos Energy Inc.), Separation and Release Agreement (Talos Energy Inc.)
Employee’s Acknowledgements. The By executing and delivering this Agreement, Employee hereby expressly acknowledges the followingthat:
(ia) This Release Employee has been given at least 21 days to review and consider this Agreement. If Employee signs this Agreement before the expiration of 21 days after Employee’s receipt of this Agreement, Employee has knowingly and voluntarily waived any longer consideration period than the one provided to Employee. No changes (whether material or immaterial) to this Agreement shall restart the running of this 21-day period;
(b) Employee is written receiving, pursuant to this Agreement, consideration in a manner that the addition to anything of value to which Employee can and does understandis already entitled;
(c) Employee has been advised, and the hereby is advised in writing, to discuss this Agreement with an attorney of Employee’s choice and that Employee is fully competent has had an adequate opportunity to execute do so prior to executing this Release Agreement;
(iid) The Employee has read this Release Agreement carefully and fully understands all the final and binding effect of this Agreement; the only promises made to Employee to sign this Agreement are those stated herein; 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 provisions terms of this Release Agreement;
(iiie) The only matters relied upon by Employee understands that, subject in causing Employee to sign this Agreement are 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 provisions set forth in this Release Agreement. In signing this Release Agreement, writing within 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 four corners 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
(xif) As of the date the Employee signs No Company Party has provided any tax or legal advice regarding this Release Agreement, and except as previously fully reported Employee has had an adequate opportunity to the Company, the receive sufficient tax and legal advice from advisors of Employee’s own choosing such that Employee acknowledges and represents, to the best enters into this Agreement with full understanding of the Employee’s knowledge tax and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed by the Company or as previously fully reported to the Company. The Employee further acknowledges that the Employee has been given the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation of any law, and that the Company has fully investigated all such reported conduct to the best of the Employee’s knowledge. If at any time in the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agencylegal implications thereof.
Appears in 2 contracts
Samples: Separation Agreement (Zevia PBC), Separation Agreement (Zevia PBC)
Employee’s Acknowledgements. The By executing and delivering this Agreement, Employee hereby acknowledges the followingand agrees that:
(ia) This Release Agreement is written in a manner that the Employee can and does understand, and the Employee is fully competent to execute has carefully read this Release Agreement;
(iib) The No material changes have been made to this Agreement since it was first provided to Employee and Employee has read been given sufficient time (and at least 21 days) to review this Release Agreement carefully and fully understands all consider whether to accept this Agreement before signing it;
(c) Employee has seven days after signing this Agreement to revoke it. This Agreement will not become effective or enforceable until the revocation period has expired. Any notice of the provisions revocation of this Release Agreement is effective only if received by the Company, c/o General Counsel at 0000 Xxxxxxx Xxxxxxx, Xxxxxxxxxxxx, XX 00000 or via email at xx@xxxxxxxxxxxx.xxx in writing by 11:59 p.m., Central Standard Time, on or before the seventh day after Employee signs this Agreement. Employee understands that if Employee revokes Employee’s acceptance of this Agreement pursuant to this Section 5(c), Sections 2 and 4 shall be of no force or effect and the remainder of this Agreement will remain in full force and effect;
(d) Employee has been advised, and hereby is advised in writing, to discuss this Agreement with an attorney of Employee’s choice and Employee has had adequate opportunity to do so prior to executing and delivering this Agreement;
(iiie) The Employee fully 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 binding effect of this Agreement; the only promises made to Employee to sign this Agreement are those stated within the four corners of this Agreement; and Employee is signing this Agreement knowingly, voluntarily and of Employee’s own free will, and that Employee understands and agrees that the Employee cannot challenge the enforceability to each of the Release Agreement terms 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 conditions 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
(xif) As No Company Party has provided any tax or legal advice regarding this Agreement and Employee has had an adequate opportunity to receive sufficient tax and legal advice from advisors of Employee’s own choosing such that Employee enters into this Agreement with full understanding of the date the Employee signs this Release Agreement, tax and except as previously fully reported to the Company, the Employee acknowledges and represents, to the best of the Employee’s knowledge and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed by the Company or as previously fully reported to the Company. The Employee further acknowledges that the Employee has been given the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation of any law, and that the Company has fully investigated all such reported conduct to the best of the Employee’s knowledge. If at any time in the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agencylegal implications thereof.
Appears in 1 contract
Employee’s Acknowledgements. The By executing and delivering this Agreement, Employee hereby expressly acknowledges the followingthat:
(ia) This Release Agreement is written in a manner that the Employee can and does understand, and the Employee is fully competent to execute has carefully read this Release Agreement;
(iib) The Employee has read had sufficient time to consider this Release Agreement carefully before the execution and fully understands all delivery to Company;
(c) Employee has been advised, and xxxxxx is advised in writing, to discuss this Agreement with an attorney of the provisions of Employee’s choice before signing this Release Agreement and Employee has had adequate opportunity to do so prior to executing this Agreement;
(iiid) The Employee fully 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 binding effect of this Agreement; the only promises made to Employee to sign this Agreement are those stated within this document; and Employee is signing this Agreement knowingly, voluntarily and of Employee’s own free will, and that Employee understands and agrees that the Employee cannot challenge the enforceability to each of the Release Agreement and the release terms 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;
(viie) The Employee Severance Benefits referenced in Sections 2(c), 2(d) and 2(e) are due solely from the Company, and Insperity has been given a reasonable amount no obligation to pay the Severance Benefits referenced in Sections 2(c), 2(d) and 2(e), even though payment 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 such portions 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 Severance Benefits may be processed 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)Insperity; and
(xif) As No Company Party has provided any tax or legal advice regarding this Agreement and Employee has had an adequate opportunity to receive sufficient tax and legal advice from advisors of Employee’s own choosing such that Employee enters into this Agreement with full understanding of the date the Employee signs this Release Agreement, tax and except as previously fully reported to the Company, the Employee acknowledges and represents, to the best of the Employee’s knowledge and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed by the Company or as previously fully reported to the Company. The Employee further acknowledges that the Employee has been given the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation of any law, and that the Company has fully investigated all such reported conduct to the best of the Employee’s knowledge. If at any time in the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agencylegal implications thereof.
Appears in 1 contract
Samples: Transition and Separation Agreement (Stronghold Digital Mining, Inc.)
Employee’s Acknowledgements. The Employee hereby acknowledges the followingthat:
(ia) Employee has been advised, and hereby is advised in writing, to consult an attorney of Employee’s choosing before signing this Confirming Release;
(b) No material changes have been made to this Confirming Release since it was first provided to Employee and Employee has been given sufficient time (at least 21 days) to review this Confirming Release and consider whether to accept this Confirming Release before signing it;
(c) Employee has seven days after signing this Confirming Release to revoke it. This Confirming Release Agreement will not become effective or enforceable until the revocation period has expired. Any notice of revocation of the Confirming Release is written effective only if received by Xxxxx Xxxx, Human Resources Director, 000 Xxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, XX 00000 or via email to xxxxx.xxxx@xxxxxxxxxxx.xxx in a writing by 11:59 p.m., Central Standard Time, on or before the seventh day after Employee signs this Confirming Release (the “Revocation Expiration Date”). Employee understands that if an effective revocation is delivered in the foregoing manner that and timeframe, then no consideration shall be provided to Employee pursuant to Section 3 of the Employee can and does understandSeparation Agreement, and the Employee is fully competent to execute release of claims set forth in Section 2 of this Confirming Release Agreementshall be of no force or effect, and all remaining provisions of the Separation Agreement and this Confirming Release shall remain in full force and effect;
(iid) The Employee has read is not otherwise entitled to the consideration set forth in the Separation Agreement, but for his entry into the Separation Agreement and his entry into (and non-revocation of) this Release Agreement carefully and fully understands all of the provisions of this Release AgreementConfirming Release;
(iiie) The Employee fully 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 binding effect of this Confirming Release, Employee is signing this Confirming Release knowingly, voluntarily, and of Employee’s own free will, and Employee understands and agrees that the Employee cannot challenge the enforceability to each 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 benefitsConfirming Release;
(viiif) The only matters relied upon by Employee knowingly and voluntarily enters into causing Employee to sign this Confirming Release Agreement without duress or coercion from any source;
(ix) The severance payments are the provisions set forth in writing within the four corners of this Confirming Release 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 the Separation 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
(xig) As No Confirming Released Party has provided any tax or legal advice to Employee regarding this Confirming Release or the Separation Agreement and Employee has had an adequate opportunity to receive sufficient tax and legal advice from advisors of Employee’s own choosing such that Employee enters into this Confirming Release with full understanding of the date the Employee signs this Release Agreement, tax and except as previously fully reported to the Company, the Employee acknowledges and represents, to the best of the Employee’s knowledge and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed by the Company or as previously fully reported to the Company. The Employee further acknowledges that the Employee has been given the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation of any law, and that the Company has fully investigated all such reported conduct to the best of the Employee’s knowledge. If at any time in the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agencylegal implications thereof.
Appears in 1 contract
Samples: Transition, Separation and Release Agreement (Talos Energy Inc.)
Employee’s Acknowledgements. The By executing and delivering this Agreement, Employee hereby expressly acknowledges the followingthat:
(ia) This Release Agreement is written in a manner that the Employee can and does understand, and the Employee is fully competent to execute has carefully read this Release Agreement;
(iib) The Employee has read had sufficient time (and at least twenty-one (21) days) to consider this Release Agreement carefully before the execution and fully understands all delivery to Company, although Employee may, but is not required to, execute and deliver this Agreement as early as the Separation Date;
(c) Employee has been advised, and hereby is advised in writing, to discuss this Agreement with an attorney of the provisions of Employee’s choice before signing this Release Agreement, and Employee has had adequate opportunity to do so prior to executing this Agreement;
(iiid) The the only matters relied upon by Employee understands that, subject and causing Employee to sign this Confirming Release are the exceptions specified above, provisions set forth in writing within 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 employmentAgreement;
(ive) The Employee fully understands that the release of Employee Released Claims hereunder is final and binding;
(v) The binding effect of this Agreement; the only promises made to Employee to sign this Agreement are those stated within this document; and Employee is signing this Agreement knowingly, voluntarily and of Employee’s own free will, and that Employee understands and agrees that the Employee cannot challenge the enforceability to each 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
(xif) As No Company Party has provided any tax or legal advice regarding this Agreement and Employee has had an adequate opportunity to receive sufficient tax and legal advice from advisors of Employee’s own choosing such that Employee enters into this Agreement with full understanding of the date the Employee signs this Release Agreement, tax and except as previously fully reported to the Company, the Employee acknowledges and represents, to the best of the Employee’s knowledge and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed by the Company or as previously fully reported to the Company. The Employee further acknowledges that the Employee has been given the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation of any law, and that the Company has fully investigated all such reported conduct to the best of the Employee’s knowledge. If at any time in the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agencylegal implications thereof.
Appears in 1 contract
Samples: Separation Agreement (Enviva Inc.)
Employee’s Acknowledgements. The Employee hereby acknowledges the followingthat:
(ia) This Release Agreement is written in a manner that the Employee can and does understandhas been advised, and the Employee hereby is fully competent advised in writing, to execute consult an attorney of Employee’s choosing before signing this Release Agreement;
(iib) The No material changes have been made to this Agreement since it was first provided to Employee and Employee has read been given sufficient time (and at least 21 days) to review this Release Agreement carefully and fully consider whether to accept this Agreement before signing it;
(c) Employee has seven days after signing this Agreement to revoke it. This Agreement will not become effective or enforceable until the revocation period has expired. Any notice of revocation of the Agreement is effective only if received by Xxxxxxx X. Xxxxxxx, Xx., 0000 Xxxxxxxxx Xxx., Xxxxx 0000, Xxxxxxxx, XX 00000 or via email to xxxxxxx.xxxxxxx@xxxxxxxxxxxxx.xxx in writing by 11:59 p.m., Eastern Standard Time, on or before the seventh day after Employee signs this Agreement. Employee understands that if Employee revokes Employee’s acceptance of this Agreement pursuant to this Section 8(c), Sections 3 and 5 and all other terms of this Agreement will become null and void and the Company will not provide Employee with any of the payments described in Section 3; provided, however, that none of the provisions of Section 1, Section 4, or Employee’s continuing obligations referenced in Section 2 shall be affected by any such revocation;
(d) Employee is receiving, pursuant to this Release Agreement, consideration in addition to anything of value to which Employee is already entitled;
(e) Employee fully understands the final and binding effect of this Agreement, Employee is signing this Agreement knowingly, voluntarily, and of Employee’s own free will, and Employee understands and agrees to each of the terms of this Agreement;
(iiif) The only matters relied upon by Employee understands that, subject and causing Employee to sign this Agreement are 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 provisions set forth in this Release Agreement. In signing this Release Agreement, writing within 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 four corners 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
(xig) As No 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 Employee’s own choosing such that Employee enters into this Agreement with full understanding of the date the Employee signs this Release Agreement, tax and except as previously fully reported to the Company, the Employee acknowledges and represents, to the best of the Employee’s knowledge and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed by the Company or as previously fully reported to the Company. The Employee further acknowledges that the Employee has been given the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation of any law, and that the Company has fully investigated all such reported conduct to the best of the Employee’s knowledge. If at any time in the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agencylegal implications thereof.
Appears in 1 contract
Employee’s Acknowledgements. The Employee hereby acknowledges the followingthat:
(ia) This Release Agreement is written in a manner that the Employee can and does understandhas been advised, and the Employee hereby is fully competent advised in writing, to execute consult an attorney of Employee’s choosing before signing this Release AgreementConfirming Release;
(iib) The No material changes have been made to this Confirming Release since it was first provided to Employee and Employee has read been given sufficient time (at least 21 days) to review this Confirming Release Agreement carefully and fully understands all of the provisions of consider whether to accept this Confirming Release Agreementbefore signing it;
(iiic) The Employee has seven days after signing this Confirming Release to revoke it. This Confirming Release will not become effective or enforceable until the revocation period has expired. Any notice of revocation of the Confirming Release is effective only if received by Xxxxx Xxxx, Human Resources Director, 000 Xxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, XX 00000 or via email to xxxxx.xxxx@xxxxxxxxxxx.xxx in writing by 11:59 p.m., Central Standard Time, on or before the seventh day after Employee signs this Confirming Release (the “Revocation Expiration Date”). Employee understands thatthat if an effective revocation is delivered in the foregoing manner and timeframe, subject then no consideration shall be provided to Employee pursuant to Section 2 of the exceptions specified aboveSeparation Agreement, the release of claims set forth in Section 2 of this Confirming Release shall be of no force or effect, and all remaining provisions of the Separation 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 employmentthis Confirming Release shall remain in full force and effect;
(ivd) The Employee understands that is not otherwise entitled to the release of Employee Released Claims hereunder is final consideration set forth in the Separation Agreement, but for his entry into the Separation Agreement and bindinghis entry into (and non- revocation of) this Confirming Release;
(ve) The Employee fully understands the final and binding effect of this Confirming Release, Employee is signing this Confirming Release knowingly, voluntarily, and of Employee’s own free will, and Employee understands and agrees that the Employee cannot challenge the enforceability to each 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 benefitsConfirming Release;
(viiif) The only matters relied upon by Employee knowingly and voluntarily enters into causing Employee to sign this Confirming Release Agreement without duress or coercion from any source;
(ix) The severance payments are the provisions set forth in writing within the four corners of this Confirming Release 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 the Separation 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
(xig) As No Confirming Released Party has provided any tax or legal advice to Employee regarding this Confirming Release or the Separation Agreement and Employee has had an adequate opportunity to receive sufficient tax and legal advice from advisors of Employee’s own choosing such that Employee enters into this Confirming Release with full understanding of the date the Employee signs this Release Agreement, tax and except as previously fully reported to the Company, the Employee acknowledges and represents, to the best of the Employee’s knowledge and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed by the Company or as previously fully reported to the Company. The Employee further acknowledges that the Employee has been given the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation of any law, and that the Company has fully investigated all such reported conduct to the best of the Employee’s knowledge. If at any time in the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agencylegal implications thereof.
Appears in 1 contract
Samples: Separation and Release Agreement (Talos Energy Inc.)
Employee’s Acknowledgements. The By executing and delivering this Agreement, Employee hereby expressly acknowledges the followingthat:
(ia) This Release Employee has been given at least twenty-one (21) days to review and consider this Agreement. If Employee signs this Agreement is written in a manner that before the expiration of twenty-one (21) days after Employee’s receipt of this Agreement, Employee can has knowingly and does understandvoluntarily waived any longer consideration period than the one provided to Employee, and such earlier signature was not induced by the Company through fraud, misrepresentation or a threat to withdraw or alter this Agreement prior to the expiration of such 21-day period. No changes (whether material or immaterial) to this Agreement shall restart the running of this 21-day period.
(b) Employee is fully competent receiving, pursuant to execute this Release Agreement, consideration in addition to anything of value to which Employee is already entitled;
(c) Employee has been advised, and xxxxxx is advised in writing, to discuss this Agreement with an attorney of Employee’s choice and that Employee has had an adequate opportunity to do so prior to executing this Agreement;
(iid) The Employee fully understands the final and binding effect of this Agreement; the only promises made to Employee to sign this Agreement are those stated herein; Employee is signing this Agreement knowingly, voluntarily and of Employee’s own free will with the full intent of releasing the Company Parties of all claims; Employee acknowledges and agrees that Employee has carefully read this Release Agreement carefully Agreement; and fully that Employee understands all and agrees to each of the provisions terms of this Release Agreement;
(iiie) The only matters relied upon by Employee understands that, subject in causing Employee to sign this Agreement are 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 provisions set forth in writing within the four corners of 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;
(viif) The No Company Party has provided any tax or legal advice regarding this Agreement, and Employee has been given a reasonable amount of time had an adequate opportunity to consider the terms of this Release Agreement receive sufficient tax and to seek legal advice from legal counsel and tax advisors relating to the legal effect of the release of Employee’s own choosing such that 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 with full understanding 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)tax and legal implications thereof; 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 knowledge and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed by the Company or as previously fully reported to the Company. The Employee further acknowledges that the Employee has been given the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation of any law, and that the Company has fully investigated all such reported conduct to the best of the Employee’s knowledge. If at any time in the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agency.,
Appears in 1 contract
Employee’s Acknowledgements. The By executing and delivering this Agreement, Employee hereby expressly acknowledges the followingthat:
(ia) This Release Agreement is written in a manner that the Employee can and does understand, and the Employee is fully competent to execute has carefully read this Release Agreement;
(iib) The Employee has read had sufficient time to review and consider this Release Agreement carefully before the execution and fully understands all delivery hereof to the Company;
(c) Employee has been advised, and hereby is advised in writing, to discuss this Agreement with an attorney of the provisions of Employee’s choice and Employee has had adequate opportunity to do so prior to executing this Release Agreement;
(iiid) The Employee fully 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 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 that the Employee cannot challenge the enforceability to each of the Release terms of this Agreement; and
(e) No Company Party has provided any tax or legal advice regarding this Agreement and the release Employee has had an adequate opportunity to receive sufficient tax and legal advice from advisors 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 choosing such that Employee enters into this Agreement with full understanding of the Company to comply with its obligations under this Release Agreement;tax and legal implications thereof.
(viif) The Employee acknowledges that Employee does not waive rights or claims that may arise after the date this Agreement is executed, that Employee has been given a reasonable amount 21 days from receipt of time this Agreement in which to consider whether Employee wanted to sign it, that any modifications, material or otherwise made to this Agreement do not restart or affect in any manner the terms original 21-day consideration period. The Company agrees, and Employee represents that Employee understands, that Employee may revoke Employee’s acceptance of this Release Agreement at any time for 7 days following Employee’s execution of the Agreement and to seek advice from legal counsel and tax advisors relating to the legal effect must provide notice 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 knowledge and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed revocation by the Company or as previously fully reported giving written notice to the Company. The Employee further acknowledges that If not revoked by written notice received on or before the Employee has been given 8th day following the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation date of any law, and that the Company has fully investigated all such reported conduct to the best Employee’s execution of the Employee’s knowledge. If at any time in Agreement, this Agreement shall be deemed to have become enforceable and on such 8th day (the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agency“Effective Date”).
Appears in 1 contract
Employee’s Acknowledgements. The By executing and delivering this Agreement, Employee hereby acknowledges the followingand agrees that:
(ia) This Release Agreement is written in a manner that the Employee can and does understand, and the Employee is fully competent to execute has carefully read this Release Agreement;
(iib) The No material changes have been made to this Agreement since it was first provided to Employee and Employee has read been given sufficient time (and at least 21 days) to review this Release Agreement carefully and fully understands all consider whether to accept this Agreement before signing it;
(c) Employee has seven days after signing this Agreement to revoke it. This Agreement will not become effective or enforceable until the revocation period has expired. Any notice of the provisions revocation of this Release Agreement is effective only if received by the Company, c/o Chief Legal Officer & Secretary at 0000 Xxxxx Xxxx, Suite 400, Minnetonka, Minnesota 55343 or via email at xxxxxxx@xxxxxxxxxxx.xxx in writing by 11:59 p.m., Central Daylight Time, on or before the seventh day after Employee signs this Agreement. Employee understands that if Employee revokes Employee’s acceptance of this Agreement pursuant to this Section 5(c), Sections 2 and 4 shall be of no force or effect, subject to Section 6, and the remainder of this Agreement will remain in full force and effect;
(d) Employee has been advised, and hereby is advised in writing, to discuss this Agreement with an attorney of Employee’s choice and Employee has had adequate opportunity to do so prior to executing and delivering this Agreement;
(iiie) The Employee fully 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 binding effect of this Agreement; the only promises made to Employee to sign this Agreement are those stated within the four corners of this Agreement; and Employee is signing this Agreement knowingly, voluntarily and of Employee’s own free will, and Employee understands and agrees that the Employee cannot challenge the enforceability to each of the Release Agreement terms 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 conditions 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
(xif) As No Company Party has provided any tax or legal advice regarding this Agreement and Employee has had an adequate opportunity to receive sufficient tax and legal advice from advisors of Employee’s own choosing such that Employee enters into this Agreement with full understanding of the date the Employee signs this Release Agreement, tax and except as previously fully reported to the Company, the Employee acknowledges and represents, to the best of the Employee’s knowledge and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed by the Company or as previously fully reported to the Company. The Employee further acknowledges that the Employee has been given the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation of any law, and that the Company has fully investigated all such reported conduct to the best of the Employee’s knowledge. If at any time in the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agencylegal implications thereof.
Appears in 1 contract
Samples: Separation and Release Agreement (Northern Oil & Gas, Inc.)
Employee’s Acknowledgements. The By executing and delivering this Agreement, Employee hereby acknowledges the followingand agrees that:
(ia) This Release Agreement is written in a manner that the Employee can and does understand, and the Employee is fully competent to execute has carefully read this Release Agreement;
(iib) The No material changes have been made to this Agreement since it was first provided to Employee and Employee has read been given sufficient time (and at least 21 days) to review this Release Agreement carefully and fully understands all consider whether to accept this Agreement before signing it;
(c) Employee has seven days after signing this Agreement to revoke it. This Agreement will not become effective or enforceable until the revocation period has expired. Any notice of the provisions revocation of this Release Agreement is effective only if received by the Company, c/o Xxxxxxxx Xxxxx, at 0000 Xxxxxxxxxx Xxxx, Xxxxx X000, Xxxxxxx, XX 00000 or via email at xxxxxx@xxxxxxx.xxxxxx in writing by 11:59 p.m., Central Standard Time, on or before the seventh day after Employee signs this Agreement. Employee understands that if Employee revokes Employee’s acceptance of this Agreement pursuant to this Section 5(c), Sections 2 and 4 shall be of no force or effect and the remainder of this Agreement will remain in full force and effect;
(d) Employee has been advised, and hereby is advised in writing, to discuss this Agreement with an attorney of Employee’s choice and Employee has had adequate opportunity to do so prior to executing and delivering this Agreement;
(iiie) The Employee fully 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 binding effect of this Agreement; the only promises made to Employee to sign this Agreement are those stated within the four corners of this Agreement; and Employee is signing this Agreement knowingly, voluntarily and of Employee’s own free will, and that Employee understands and agrees that the Employee cannot challenge the enforceability to each of the Release Agreement terms 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 conditions 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
(xif) As No Company Party has provided any tax or legal advice regarding this Agreement and Employee has had an adequate opportunity to receive sufficient tax and legal advice from advisors of Employee’s own choosing such that Employee enters into this Agreement with full understanding of the date the Employee signs this Release Agreement, tax and except as previously fully reported to the Company, the Employee acknowledges and represents, to the best of the Employee’s knowledge and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed by the Company or as previously fully reported to the Company. The Employee further acknowledges that the Employee has been given the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation of any law, and that the Company has fully investigated all such reported conduct to the best of the Employee’s knowledge. If at any time in the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agencylegal implications thereof.
Appears in 1 contract
Samples: Separation and Release Agreement (Archaea Energy Inc.)
Employee’s Acknowledgements. The By executing and delivering this Agreement, Employee hereby acknowledges the followingand agrees that:
(ia) This Release Agreement is written in a manner that the Employee can and does understand, and the Employee is fully competent to execute has carefully read this Release Agreement;
(iib) The No material changes have been made to this Agreement since it was first provided to Employee and Employee has read been given sufficient time (and at least 21 days) to review this Release Agreement carefully and fully understands all consider whether to accept this Agreement before signing it;
(c) Employee has seven days after signing this Agreement to revoke it. This Agreement will not become effective or enforceable until the revocation period has expired. Any notice of the provisions revocation of this Release Agreement is effective only if received by the General Partner, c/o Xxxxxxx Xxxx at 00000 Xxxxxxxx Xxx, Xxxxx 000, Xxxxxxxx Xxxx, Xxxxxxxx, 00000 or via email at xxxxx@xxxxxx.xxx in writing by 11:59 p.m., Central Standard Time, on or before the seventh day after Employee signs and returns this Agreement. Employee understands that if Employee revokes Employee’s acceptance of this Agreement pursuant to this Section 5(c), Sections 2 and 4 shall be of no force or effect and the remainder of this Agreement will remain in full force and effect;
(d) Employee has been advised, and xxxxxx is advised in writing, to discuss this Agreement with an attorney of Employee’s choice and Employee has had adequate opportunity to do so prior to executing and delivering this Agreement;
(iiie) The Employee fully 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 binding effect of this Agreement; the only promises made to Employee to sign this Agreement are those stated within the four corners of this Agreement; and Employee is signing this Agreement knowingly, voluntarily and of Employee’s own free will, and that Employee understands and agrees that the Employee cannot challenge the enforceability to each of the Release Agreement terms 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 conditions 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
(xif) As No Mach Party has provided any tax or legal advice regarding this Agreement and Employee has had an adequate opportunity to receive sufficient tax and legal advice from advisors of Employee’s own choosing such that Employee enters into this Agreement with full understanding of the date the Employee signs this Release Agreement, tax and except as previously fully reported to the Company, the Employee acknowledges and represents, to the best of the Employee’s knowledge and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed by the Company or as previously fully reported to the Company. The Employee further acknowledges that the Employee has been given the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation of any law, and that the Company has fully investigated all such reported conduct to the best of the Employee’s knowledge. If at any time in the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agencylegal implications thereof.
Appears in 1 contract
Employee’s Acknowledgements. The By executing and delivering this Agreement, Employee hereby expressly acknowledges the followingthat:
(ia) This Release Employee has been given at least 45 days to review and consider this Agreement. If Employee signs this Agreement before the expiration of 45 days after Employee’s receipt of this Agreement, Employee has knowingly and voluntarily waived any longer consideration period than the one provided to Employee and such earlier signature was not induced by the Company through fraud, misrepresentation or a threat to withdraw or alter this Agreement prior to the expiration of such 45-day period. No changes (whether material or immaterial) to this Agreement shall restart the running of this 45 day period.
(b) Employee is written receiving, pursuant to this Agreement, consideration in a manner that the addition to anything of value to which Employee can and does understandis already entitled;
(c) Employee has been advised, and the xxxxxx is advised in writing, to discuss this Agreement with an attorney of Employee’s choice and that Employee is fully competent has had an adequate opportunity to execute do so prior to executing this Release Agreement;
(iid) The Employee fully understands the final and binding effect of this Agreement; the only promises made to Employee to sign this Agreement are those stated herein; Employee is signing this Agreement knowingly, voluntarily and of Employee’s own free will with the full intent of releasing the Company Parties of all claims; Employee acknowledges and agrees that Employee has carefully read this Release Agreement carefully Agreement; and fully that Employee understands all and agrees to each of the provisions terms of this Release Agreement;
(iiie) The only matters relied upon by Employee understands that, subject in causing Employee to sign this Agreement are 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 provisions set forth in writing within the four corners of 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;
(viif) The No Company Party has provided any tax or legal advice regarding this Agreement, and Employee has been given a reasonable amount of time had an adequate opportunity to consider the terms of this Release Agreement receive sufficient tax and to seek legal advice from legal counsel and tax advisors relating to the legal effect of the release of Employee’s own choosing such that 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 with full understanding 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)tax and legal implications thereof; 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 knowledge and belief, that the Employee has not been directly or indirectly involved in, witnessed, asked, or directed to participate in any conduct that could give rise to an allegation that the Company has violated any laws applicable to the Company and/or its business. The Employee acknowledges and represents that the Employee has been given the opportunity to report such conduct to the Company and to third parties and that the Employee has reported all such conduct to the Company and has not made any such report to any third parties other than as required in the discharge of the Employee’s duties while employed by the Company or as previously fully reported to the Company. The Employee further acknowledges that the Employee has been given the opportunity to report any and all conduct that the Employee believes could be construed as inappropriate or unethical in any way, even if such conduct is not, or does not appear to be, a violation of any law, and that the Company has fully investigated all such reported conduct to the best of the Employee’s knowledge. If at any time in the future the Employee recalls, or is made aware, that the Company violated (or may have violated) any law, the Employee agrees to immediately disclose such information to the Company unless expressly directed not to in writing by a court or Government Agency.
Appears in 1 contract
