Free and Voluntary Act. Borrower and each Guarantor is freely and voluntarily entering into this Amendment and will enter into any other documents and take any action requested by Agent which is necessary to fulfill the agreements contemplated herein. Borrower and each Guarantor has individually read this Amendment and has discussed this Amendment with its respective legal, financial and other counsel. Borrower and each Guarantor understands this Amendment and the risk inherent in, and significance of, the same.
Free and Voluntary Act. The Executive agrees that he is entering into this Agreement as a free and voluntary act and that he has been given adequate time to decide whether or not to sign the Agreement and signs it only after full reflection and analysis. The Executive further acknowledges that the Executive has been given an opportunity to obtain an attorney’s independent counsel and advice, and that the Executive has read and understands the complete Agreement. Each party agrees that they have cooperated in the drafting and preparation of this Agreement; any construction of this Agreement shall not be construed against any party as drafter.
Free and Voluntary Act. The parties acknowledge that executing this agreement is a free and voluntary act, and has not been entered into for any reason other than the desire for the furtherance of their relationship in living together. Each party acknowledges that he or she had adequate time to fully consider the consequences of signing this agreement, and has not been pressured, threatened, coerced, or unduly influenced to sign this agreement.
Free and Voluntary Act. This release means, in part, that EMPLOYEE gives up all rights to damages and/or money based upon any claims against NEWMONT of age discrimination that arise through the date this AGREEMENT is signed. EMPLOYEE acknowledges that EMPLOYEE has been given at least forty-five (45) days to consider this AGREEMENT and that EMPLOYEE has been advised to consult with an attorney prior to signing this AGREEMENT. EMPLOYEE may waive the balance of the forty-five (45) day consideration period by signing this AGREEMENT sooner. EMPLOYEE further acknowledges that by law EMPLOYEE has the right to revoke (that is, cancel) this AGREEMENT within seven (7) calendar days of signing it. To be effective, EMPLOYEE’S revocation must be in writing and tendered to Xxxx Xxxxx, Employee Relations, Human Resources, Newmont, 0000 Xxxxx Xxxxxxxx Xxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxx Xxxxxxx, XX 00000, either by mail or by hand delivery within the seven (7) day period. If by mail, the revocation must be: 1) postmarked within the seven (7) day period; 2) properly addressed; and 3) sent by Certified Mail, Return Receipt Requested. In the event that EMPLOYEE exercises this right to revoke, EMPLOYEE agrees to return to NEWMONT any and all sums paid to EMPLOYEE in consideration of the AGREEMENT.
Free and Voluntary Act. Borrower acknowledges and agrees that it is freely and voluntarily entering into this Agreement and each of the other documents executed in connection herewith to which it is a party after full consultation with legal, financial and other advisors of its choosing.
Free and Voluntary Act. The Tribe acknowledges, represents, warrants and agrees that, prior to the execution and delivery of this Agreement, (i) the Tribe has had ample opportunity to review the legal and financial terms of this Agreement, (ii) the members of the Tribal Council of the Tribe have had ample opportunity to discuss, and have discussed, this Agreement and any related documents with the Tribe’s legal, financial and other professional advisors, (iii) the Tribe and the members of the Tribal Council understand the provisions of this Agreement, the significance of them and the risks inherent in them, and (iv) the Tribe enters into this Agreement, and all documents required to be entered into pursuant to this Agreement, freely, voluntarily and without duress or compulsion.
Free and Voluntary Act. All Credit Parties are freely and voluntarily entering into this Agreement and will enter into any document necessary to fulfill the agreements contemplated herein after full consultation with legal, financial and other counsel of their choosing. Each Credit Party has individually read this Agreement and has discussed this Agreement with its respective legal, financial and other counsel. All Credit Parties understand this Agreement and the risks inherent in, and significance of, same.
Free and Voluntary Act. The Parties hereby acknowledge and agree that they have read carefully this Agreement, know the contents thereof, have discussed them with legal counsel, and sign the same of their own free and voluntary act with the intent to be legally bound thereby.
Free and Voluntary Act. This release means, in part, that EMPLOYEE gives up all rights to damages and/or money based upon any claims against NEWMONT of age discrimination that arise through the date this AGREEMENT is signed. EMPLOYEE acknowledges that EMPLOYEE has been given at least twenty-one (21) days to consider this AGREEMENT and that EMPLOYEE has been advised to consult with an attorney prior to signing this AGREEMENT. EMPLOYEE may waive the balance of the twenty-one (21) day consideration period by signing this AGREEMENT sooner. EMPLOYEE further acknowledges that by law EMPLOYEE has the right to revoke (that is, cancel) this AGREEMENT within seven (7) calendar days of signing it. To be effective, EMPLOYEE’S revocation must be in writing and tendered to Xxxxx XxXxxxxx, Group Executive of Human Resources, Newmont, 0000 Xxxxx Xxxxxxxx Xxxxx Xxxxxx, Xxxxxxxxx Xxxxxxx, XX 00000, either by mail or by hand delivery within the seven (7) day period. If by mail, the revocation must be: 1) postmarked within the seven (7) day period; 2) properly addressed; and 3) sent by Certified Mail, Return Receipt Requested. In the event that EMPLOYEE exercises this right to revoke, EMPLOYEE agrees to return to NEWMONT any and all sums paid to EMPLOYEE in consideration of the AGREEMENT.
Free and Voluntary Act. In accordance with the federal Age Discrimination in Employment Act (“ADEA”) and the Older Workers Benefit Protection Act, Employee expressly acknowledges and agrees:
(a) This letter is written in terms that Employee fully understands.
(b) Through this Agreement, Employee is specifically releasing rights and claims under the ADEA.
(c) Employee is not waiving any rights or claims that may arise after Employee signs this Agreement.
(d) Employee’s release and waiver of claims in this Agreement is in exchange for consideration to which Employee would not otherwise be entitled to receive, and that Employee would not have received, unless Employee signed this letter and it became effective.
(e) Employee has been advised to consult with an attorney of Employee’s own choosing prior to entering into this Agreement, and Employee has had an opportunity to do so if Employee so chose.
(f) Employee had at least 21 consecutive days from receipt of this letter to decide whether or not to enter into this Agreement. Employee further acknowledges that Employee may sign this Agreement at any time prior to the expiration of the 21-consecutive-day period, and acknowledges that, if Employee does so, Employee does so completely voluntarily.
(g) Employee has 7 consecutive days after Employee signs this Agreement to revoke this Agreement. To revoke Agreement after it is signed, Employee must submit a written letter of revocation, signed by Employee, either by personal delivery for which Employee receives a written receipt, or by overnight or certified mail (return receipt requested) to the Company at the address set forth in Paragraph 15 of this Agreement. To be effective, such signed, written letter of revocation must be received by the Company on or before 5:00 p.m. ET on the 7th consecutive day after Employee signs this Agreement. This Agreement shall become effective on the 8th consecutive day after Employee signs this Agreement and provides an original, signed Agreement to the Company, provided that Employee did not earlier revoke this Agreement in accordance with this Paragraph 16 ("Effective Date").
