Executive Warranties a. The Executive warrants that he is not aware of any matters relating his employment which if disclosed to the Employer might affect the Employer’s decision to enter into this Agreement.
b. The Executive warrants that the Executive has complied with all of his obligations to the Employer and have not done or failed to do anything which would have allowed the Employer to terminate the Executive employment with immediate effect.
Executive Warranties. The Executive warrants and represents to the Company that the execution and performance of this Agreement does not and shall not violate any express or implied obligations of the Executive to any other person and that all Executive shall inform any prospective employer about the existence of this Agreement before accepting employment by such employer.
Executive Warranties. Executive represents and warrants that his or her employment with the Employer and the performance of this Agreement will not violate any express or implied obligation to any former employer or other party. Executive further represents that he or she has not brought with him or her and will not use or disclose during his or her employment with Employer any information, documents, or materials subject to any legally enforceable restrictions or obligations as to confidentiality or secrecy. Furthermore, Executive shall not make any agreements with or commitments to any person, firm or corporation that would prevent, restrict, or hinder the performance of Executive’s duties or obligations under this Agreement. In addition, Executive agrees to provide certain information about him/herself and/or about his/her family member(s) that is personal to Executive and/or his/her family member(s) in order to enable Employer to perform necessary tasks relating to administration of Executive’s employment including, without limitation, administration of employee benefits, payroll, tax withholding, and other tasks. Executive agrees that all such information will be provided by him/her voluntarily, and that Employer may use, store, and transfer all such information as required by law or as necessary or useful in performing administrative tasks, including hiring third parties who have obligations of confidentiality to Employer to perform any of such tasks on Employer’s behalf. Employer agrees in good faith to take all reasonable measures to safeguard and protect such confidential information, and to immediately notify Executive of any loss or mishandling of confidential information.
Executive Warranties. Executive warrants that:
(a) He will not use the Aircraft for the purpose of providing transportation of passengers or cargo in air commerce for compensation or hire, for any illegal purpose, or in violation of any insurance policies with respect to the Aircraft;
(b) He will refrain from incurring any mechanics, international interest, prospective international interest or other lien and shall not attempt to convey, mortgage, assign, lease or grant or obtain an international interest or prospective international interest or in any way alienate the Aircraft or create any kind of lien or security interest involving the Aircraft or do anything or take any action that might mature into such a lien; and
(c) He will comply with all applicable laws, governmental and airport orders, rules and regulations, as shall from time to time be in effect relating in any way to the operation and use of the Aircraft under this Agreement.
Executive Warranties. The Executive represents and warrants that his employment by the Companies and his execution and performance of this Agreement do not and will not violate any express or implied obligation to any former employer or other party. The Executive further represents that he has not brought with him and will not use or disclose during his employment with the Companies any information, documents, or materials subject to any legally enforceable restrictions or obligations as to confidentiality or secrecy.
Executive Warranties. Executive warrants and represents as follows:
(i) He has read this Agreement, and agrees to the conditions and obligations set forth in it;
(ii) He has had a reasonable time to consider the terms of this Agreement after being advised by Company to seek legal counsel;
(iii) With respect to the general release in Section 1.5, he agrees and understands that he is specifically releasing all claims under the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621 et seq. He further understands that he has at least twenty-one (21) days to consider the release of such claims; that if he signs this Agreement, he may revoke it within seven (7) days after signing; and that this Agreement shall not be enforceable until the seven-day revocation period has expired without revocation. Revocation can be made by delivering a written notice of revocation to Larrx Xxxxxxxxxx, Xxobal Vacation Group, Inc., 1420 Xxx Xxxx Xxxxxx, X.X., Xxxxx 000, Xxxxxxxxxx, X.X. 00000. Xxr such revocation to be effective, notice must be received no later than 5:00 p.m. on the seventh calendar day after he signs this Agreement;
(iv) He has not assigned any of his rights or interests under this Agreement, the Management Agreement, or any other agreement or arrangement between him and the Company;
(v) He voluntarily executes this Agreement after having had full opportunity to consult with legal counsel and without being pressured or influenced by any statement or representation of any person acting on behalf of Company including the officers, agents and attorneys for Company; and
(vi) He has full and complete legal capacity to enter into this Agreement.
Executive Warranties. Executive warrants and represents as follows:
(i) Executive has full and complete legal capacity to enter into this Agreement, has read this Agreement, has had a reasonable time to consider its terms, and agrees to the conditions and obligations set forth in it.
(ii) Executive has had twenty-one (21) days to consider the Agreement, and, if Executive executes this Agreement within less than twenty-one (21) days from the date of receipt, it is with the express understanding that Executive had the full twenty-one (21) days available if so desired. Further, Executive waives all rights to a twenty-one (21) day period to consider the terms of Employee’s release of claims under the Age Discrimination in Employment Act (“ADEA”) if Executive signs this Agreement prior to the expiration of the twenty-one (21) day period.
(iii) Executive has not relied on any statement made by the Company, its agents or representatives, either express or implied, or by statement or omission, in making her decision to enter into this Agreement. Executive voluntarily executes this Agreement after having been advised by the Company to seek legal counsel, and has had full opportunity to consult with legal counsel, and without being pressured or influenced by any person, or by any statement or representation of any person acting on behalf of another Party, including the officers, agents and attorneys for any other Party.
(iv) Executive has been informed and understands that (i) to the extent that this Agreement waives or releases any claims Executive might have under the ADEA, Executive may rescind such waiver and release within seven (7) calendar days of the execution of this Agreement, and (ii) any such rescission must be in writing and hand delivered to the Company, or, if sent by mail, postmarked within the seven (7) day period, sent only by certified mail, return receipt requested, and addressed to the Company.
(v) This Agreement is subject to the terms of the Older Workers Benefit Protection Act of 1990 (“OWBPA”). Executive acknowledges and agrees that she is, voluntarily and with full knowledge of the consequences of such release, releasing all claims, including any claims Executive has or could have brought under the OWBPA and any claim(s) under the ADEA.
(vi) Executive acknowledges and agrees that this Agreement is written in a manner intended to be understood, and that Executive understands this Agreement.
(vii) Executive has had a full and fair opportunity to investigate the fa...
Executive Warranties. Xxxx warrants and represents to the Company that the execution and performance of this Agreement does not and shall not violate any express or implied obligations to any party and that Xxxx shall inform any prospective employer about the existence of this Agreement before accepting employment with such employer.
Executive Warranties. Executive warrants and represents as follows:
(i) He has read this Agreement, and agrees to the conditions and obligations set forth in it;
(ii) He has had a reasonable time to consider the terms of this Agreement after being advised by Company to seek legal counsel;
(iii) He has had twenty-one (21) days in which to consider the Agreement, and, if he executes this Agreement less than twenty-one (21) days from receipt, it is with the understanding that he had the full twenty-one (21) days available if he so desired;
(iv) He may revoke this Agreement for seven (7) days following his execution hereof, and this Agreement shall not become enforceable and effective until seven (7) days after such execution;
(v) He has not assigned any of his rights or interests under this Agreement, the Management Agreement, or any other agreement or arrangement between him and the Company;
(vi) He voluntarily executes this Agreement after having had full opportunity to consult with legal counsel and without being pressured or influenced by any statement or representation of any person acting on behalf of Company including the officers, agents and attorneys for Company; and
(vii) He has full and complete legal capacity to enter into this Agreement.
Executive Warranties. 10.1. As at the date of this agreement, the Executive warrants and represents to the Employer that there are no circumstances of which the Executive is aware or of which the Executive ought reasonably to be aware that would amount to a repudiatory breach by the Executive of any express or implied term of the Service Agreement that would entitle (or would have entitled) the Employer to terminate the Executive's employment without notice or payment in lieu of notice and the Separation Payments are conditional on this being so.
10.2. The Executive agrees to make himself available to, and to cooperate with, the Employer or its advisers in any internal investigation or administrative, regulatory, judicial or quasi-judicial proceedings. The Executive acknowledges that this could involve, but is not limited to, responding to or defending any regulatory or legal process, providing information in relation to any such process, preparing witness statements and giving evidence in person on behalf of the Employer. The Employer shall reimburse any reasonable expenses and loss of income incurred by the Executive together with any loss of income as a consequence of complying with his obligations under this clause, provided that such expenses or loss of income are verified and approved in advance by the Employer.
10.3. The Executive acknowledges that he is not entitled to any compensation for the loss of any rights or benefits under any bonus plan, benefit or award programme, share plan operated by any Group Company or any stand-alone share incentive arrangement, or for loss of any other benefit, payment or award he may have received had his employment not terminated other than the payments and benefits provided for in this Agreement.
