Knowing and Voluntary Acknowledgement. The Executive specifically agrees and acknowledges that: (i) the Executive has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised of and has availed himself of his right to consult with his attorney prior to executing this Release; (iii) the Executive knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Executive is executing this Release, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Executive is not waiving or releasing rights or claims that may arise after his execution of this Release; and (vi) the Executive understands that the waiver and release in this Release is being requested in connection with the cessation of his employment with the Employer Group. The Executive further acknowledges that he has had [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Executive acknowledges that he shall have an additional seven (7) days from the date on which he signs this Release to revoke consent to his release of claims under the ADEA by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven-day period. In the event of such revocation by the Executive, the Employer hall have the option of treating this Release as null and void in its entirety. This Release shall not become effective, until the eighth (8th) day after/day the Executive and the Employer execute this Release. Such date shall be the Effective Date of this Release. No payments due to the Executive hereunder shall be made or begin before the Effective Date.
Appears in 4 contracts
Samples: Executive Employment Agreement (Berry Petroleum Corp), Executive Employment Agreement (Berry Petroleum Corp), Executive Employment Agreement (Berry Petroleum Corp)
Knowing and Voluntary Acknowledgement. The Executive specifically agrees and acknowledges that: (i) the Executive has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised of and has availed himself him/herself of his Executive’s right to consult with his Executive’s attorney prior to executing this Release; (iii) the Executive knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Executive is executing this Release, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he Executive is otherwise entitled; (v) the Executive is not waiving or releasing rights or claims that may arise after his Executive’s execution of this Release; and (vi) the Executive understands that the waiver and release in this Release is being requested in connection with the cessation of his Executive’s employment with the Employer Group. The Executive further acknowledges that he Executive has had [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of his Executive’s choice, although he Executive may sign it sooner if desired. Further, the Executive acknowledges that he Executive shall have an additional seven (7) days from the date on which he Executive signs this Release to revoke consent to his Executive’s release of claims under the ADEA by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven-day seven (7)-day period. In the event of such revocation by the Executive, the Employer hall have the option of treating this Release as null and void in its entirety. This Release shall not become effective, until the eighth (8th) day after/day the Executive and the Employer execute this Release. Such date shall be the Effective Date of this Release. No payments due to the Executive hereunder shall be made or begin before the Effective Date.
Appears in 3 contracts
Samples: Executive Employment Agreement (Berry Corp (Bry)), Executive Employment Agreement (Berry Corp (Bry)), Executive Employment Agreement (Berry Corp (Bry))
Knowing and Voluntary Acknowledgement. The Executive Employee specifically agrees and acknowledges that: (i) the Executive Employee has read this Release Agreement in its entirety and understands all of its terms; (ii) the Executive Employee has been advised of and has availed himself of his right to consult with his attorney prior to executing this ReleaseAgreement; (iii) the Executive Employee knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Executive Employee is executing this ReleaseAgreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Executive Employee is not waiving or releasing rights or claims that may arise after his execution of this ReleaseAgreement; and (vi) the Executive Employee understands that the waiver and release in this Release Agreement is being requested in connection with the cessation of his employment with the Employer GroupEmployer. The Executive Employee further acknowledges that he has had [twenty-one (21)/forty-five (45)] 21) days to consider the terms of this Release Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Executive Employee acknowledges that he shall have an additional seven (7) days from the date on which he signs this Release Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to [NAME] Sxxxx Xxxxx, HR Manager, at the Employer, [EMPLOYER ADDRESS] sxxxxx@xxxxxxxx.xxx, by e-mail/fax/, fax or overnight delivery before the end of such seven-day period. In the event of such revocation by the ExecutiveEmployee, the Employer hall shall have the option of treating this Release Agreement as null and void in its entirety. This Release Agreement shall not become effective, until the eighth November 30, 2019 (8th) day after/day the Executive and the Employer execute this Release“Effective Date”). Such date shall be the Effective Date of this ReleaseAgreement. No payments due to the Executive Employee hereunder shall be made or begin before the Effective Date.
Appears in 2 contracts
Samples: Separation, Settlement and Release of Claims Agreement (Reed's, Inc.), Separation, Settlement and Release of Claims Agreement (Reed's, Inc.)
Knowing and Voluntary Acknowledgement. The Executive Employee specifically agrees and acknowledges that: (i) the Executive Employee has read this Release Agreement in its entirety and understands all of its terms; (ii) the Executive Employee has been advised of and has availed himself of his right to consult with his attorney prior to executing this ReleaseAgreement; (iii) the Executive Employee knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Executive Employee is executing this ReleaseAgreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Executive Employee is not waiving or releasing rights or claims that may arise after his execution of this ReleaseAgreement; and (vi) the Executive Employee understands that the waiver and release in this Release Agreement is being requested in connection with the cessation of his employment with the Employer GroupEmployer. The Executive Employee further acknowledges receipt of Appendix A to this Agreement, listing the ages and job titles of employees who were and were not selected for termination and offered consideration for signing a waiver, The Employee further acknowledges that he has had [twenty-one (21)/fortyforty-five (45)] ) days to consider the terms of this Release Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Executive Employee acknowledges that he shall have an additional seven (7) days from the date on which he signs this Release to revoke consent to his release of claims under the ADEA by delivering notice of revocation to [NAME] Vxxxxxxx Xxxxxxxx, Chief Executive Officer, at the Employer, [EMPLOYER ADDRESS] vxxxxxxxx@xxxxxxxx.xxx, by e-mail/fax/, fax or overnight delivery before the end of such seven-day period. In the event of such revocation by the ExecutiveEmployee, the Employer hall shall have the option of treating this Release Agreement as null and void in its entirety. This Release Agreement shall not become effective, until the eighth (8th) day after/day after the Executive Employee and the Employer execute this ReleaseAgreement. Such date shall be the Effective Date of this ReleaseAgreement. No payments due to the Executive Employee hereunder shall be made or begin before the Effective Date.
Appears in 1 contract
Samples: Separation, Settlement and Release of Claims Agreement (Reed's, Inc.)
Knowing and Voluntary Acknowledgement. The Executive Xxxxxx specifically agrees and acknowledges that: (ia) the Executive Xxxxxx has read this Release Agreement in its entirety and understands all of its terms; (iib) the Executive Xxxxxx has been advised of and has availed himself of his right to consult with his attorney prior to executing this ReleaseAgreement; (iiic) the Executive Xxxxxx knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Executive Xxxxxx is executing this ReleaseAgreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (vd) the Executive Xxxxxx is not waiving or releasing rights or claims that may arise after his execution of this ReleaseAgreement; and that (vie) the Executive Xxxxxx understands that the waiver and release in this Release Agreement is being requested in connection with the cessation of his employment with the Employer GroupInsys. The Executive Xxxxxx further acknowledges that he has had [twenty-one (21)/forty-five (45)] 21) days to consider the terms of this Release and consult with an attorney of his choiceAgreement, although he may sign it sooner if desired. Further, the Executive acknowledges that he Xxxxxx shall have an additional seven (7) days from the date on which he signs this Release Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to [NAME] Human Resources Director, at Insys Therapeutics, Inc., 0000 Xxxxx Xxxxxxxx Xxxx. Xxxxxxxx, XX 00000, with a copy to the General Counsel at the Employersame address, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven-day period. In the event of such revocation by the ExecutiveXxxxxx, the Employer hall Insys shall have the option of treating this Release Agreement as null and void in its entirety. This Release Agreement shall not become effective, if at all, until the eighth (8th) day after/day the Executive after Xxxxxx and the Employer Insys execute this ReleaseAgreement (and assuming Xxxxxx does not revoke his release of claims provided hereunder during the preceding seven day period pursuant to a notice described directly above). Such date shall be the “Effective Date Date” of this ReleaseAgreement. No payments due to the Executive Xxxxxx hereunder or benefits specified by this Agreement shall be made or begin before the Effective Date.
Appears in 1 contract
Knowing and Voluntary Acknowledgement. The Executive Employee specifically agrees and acknowledges that: (i) the Executive Employee has read this Release Agreement in its entirety and understands all of its terms; (ii) the Executive Employee has been advised of and has availed himself of his right to consult with his attorney prior to executing this ReleaseAgreement; (iii) the Executive Employee knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein, including but not limited to Employee’s specific release of all claims under the Age Discrimination in Employment Act; (iv) the Executive Employee is executing this ReleaseAgreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Executive Employee is not waiving or releasing rights or claims that may arise after his execution of this ReleaseAgreement; and (vi) the Executive Employee understands that the waiver and release in this Release Agreement is being requested in connection with the cessation of his employment with the Employer GroupChefs’. The Executive Employee further acknowledges that he has had [twenty-one (21)/forty-five (45)] 21) days to consider the terms of this Release Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Executive Employee acknowledges that he shall have an additional seven (7) days from the date on which he signs this Release Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to [NAME] Axxxxxxxxx Xxxxxx at the EmployerChefs’, [EMPLOYER ADDRESS] 100 Xxxx Xxxxx Xxxx, Xxxxxxxxxx, XX 00000 by e-mail/fax/, overnight delivery delivery, or in person before the end of such seven-day period. In the event of such revocation by the ExecutiveEmployee, the Employer hall Chefs’ shall have the option of treating this Release Agreement as null and void in its entirety. This Release Agreement shall not become effective, until the eighth (8th) day after/day after the Executive Employee and the Employer Chefs’ execute this ReleaseAgreement (the “Effective Date”). Such date shall be the Effective Date of this Release. No payments Payments due to the Executive hereunder shall Employee may, in the sole discretion of Chefs’, be made or begin before prior to the Effective Date. However, Employee’s consent is hereby given to initiate a payroll reversal of any such payments should the Agreement not become effective by revocation or otherwise.
Appears in 1 contract
Samples: Separation and Release of Claims Agreement (Chefs' Warehouse, Inc.)
Knowing and Voluntary Acknowledgement. The Executive specifically agrees and acknowledges that: (i) the Executive has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised of and has availed himself herself of his her right to consult with his her attorney prior to executing this Release; (iii) the Executive knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Executive is executing this Release, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he she is otherwise entitled; (v) the Executive is not waiving or releasing rights or claims that may arise after his her execution of this Release; and (vi) the Executive understands that the waiver and release in this Release is being requested in connection with the cessation of his her employment with the Employer Group. The Executive further acknowledges that he she has had [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of his her choice, although he she may sign it sooner if desired. Further, the Executive acknowledges that he she shall have an additional seven (7) days from the date on which he she signs this Release to revoke consent to his her release of claims under the ADEA by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery before the end of such seven-day period. In the event of such revocation by the Executive, the Employer hall have the option of treating this Release as null and void in its entirety. This Release shall not become effective, until the eighth (8th) day after/day the Executive and the Employer execute this Release. Such date shall be the Effective Date of this Release. No payments due to the Executive hereunder shall be made or begin before the Effective Date.
Appears in 1 contract
Knowing and Voluntary Acknowledgement. The Executive Employee specifically agrees and acknowledges that: (i) the Executive Employee has read this Release Agreement in its entirety and understands all of its terms; (ii) the Executive Employee has been advised of and has availed himself of his right to consult with his attorney prior to executing this ReleaseAgreement; (iii) the Executive Employee knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Executive Employee is executing this ReleaseAgreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Executive Employee is not waiving or releasing rights or claims that may arise after his execution of this ReleaseAgreement; and (vi) the Executive Employee understands that the waiver and release in this Release Agreement is being requested in connection with the cessation of his employment with the Employer GroupCompany. The Executive Employee further acknowledges that he has had [twenty-one (21)/forty-five (45)] 21 days to consider the terms of this Release Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Executive Employee acknowledges that he shall have an additional seven (7) days from the date on which he signs this Release Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to [NAME] Xxxxxxx Xxxx at the EmployerCompany, [EMPLOYER ADDRESS] by e-mail/fax/overnight mail delivery before the end of such seven-day period. In the event of such revocation by the ExecutiveEmployee, the Employer hall Company shall have the option of treating this Release Agreement as null and void in its entirety. This Release Agreement shall not become effective, until the eighth (8th) day after/day the Executive after Employee and the Employer Company execute this ReleaseAgreement. Such date shall be the “Effective Date Date” of this ReleaseAgreement. No payments due to the Executive Employee hereunder shall be made or begin before the Effective Date.
Appears in 1 contract
Samples: Mutual Separation Agreement (Cord Blood America, Inc.)
Knowing and Voluntary Acknowledgement. The Executive Employee specifically agrees and acknowledges that: (ia) the Executive Employee has read this Release Agreement in its entirety and understands all of its terms; (iib) the Executive Employee has been advised of and has availed himself of his right to consult with his attorney prior to executing this ReleaseAgreement; (iiic) the Executive Employee knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Executive Employee is executing this ReleaseAgreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (vd) the Executive Employee is not waiving or releasing rights or claims that may arise after his execution of this ReleaseAgreement; and that (vie) the Executive Employee understands that the waiver and release in this Release Agreement is being requested in connection with the cessation of his employment with the Employer GroupEmployer. The Executive Employee further acknowledges that he has had [twenty-one (21)/forty-five (45)] 21 days to consider the terms of this Release and consult with an attorney of his choiceAgreement, although he may sign it sooner if desired. Further, the Executive acknowledges that he Employee shall have an additional seven (7) days from the date on which he signs this Release Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to [NAME] Xxxx Xxxxxxxx at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery 000 X. Xxxxxxx Xxxxx, Xxxxx 0, Xxxxxxxxxx, Xxxxxxxxxx 00000, before the end of such seven-day period. In the event of such revocation by the ExecutiveEmployee, the Employer hall shall have the option of treating this Release Agreement as null and void in its entirety. This Release Agreement shall not become effective, until the eighth (8th) day after/day the Executive Employee and the Employer execute this ReleaseAgreement. Such date shall be the Effective Date of this ReleaseAgreement. No payments due to the Executive Employee hereunder shall be made or begin before the Effective Date.
Appears in 1 contract
Knowing and Voluntary Acknowledgement. The Executive specifically agrees and acknowledges that: (ia) the Executive has read the terms of this Release in its entirety Agreement and understands all of its terms; (iib) the Executive has been is hereby advised of and has availed himself of his Executive’s right to consult with an attorney of his attorney choice prior to executing this ReleaseAgreement; (iiic) the Executive knowinglythis Agreement represents an important legal and binding agreement, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Executive that he is executing this ReleaseAgreement voluntarily, including the waiver free from duress, undue pressure or influence, harassment or intimidation and release, in exchange for good that he enters into it with full knowledge of its intent and valuable consideration in addition to anything of value to which terms; and (d) he is otherwise entitled; (v) the Executive is not waiving or releasing rights or claims that may arise after his execution of this Release; and (vi) the Agreement. Executive understands and agrees that Executive has been offered an opportunity of at least 21 days (the waiver “Consideration Period”) within which to consider this Agreement and release in its ramifications and discuss the terms of this Release is being requested in connection Agreement with the cessation of his employment with the Employer GroupCompany before executing it. The Executive further acknowledges that he has had [twenty-one (21)/forty-five (45)] days to consider the terms any modification of this Release Agreement, whether material or immaterial, will not restart or change the Consideration Period. Executive further understands and consult with an attorney of his choiceagrees that once Executive signs this Agreement, although he may sign it sooner if desired. Further, the Executive acknowledges that he shall will have an additional seven (7) 7 days from the date on in which he signs this Release to revoke consent to his release acceptance of claims under the ADEA by delivering this Agreement. To do so, Executive must provide notice of revocation prior to [NAME] the expiration of the 7-day revocation period to Xxxx Xxxxx, Senior Vice President of Human Resources in writing via hand delivery, fax at the Employer, [EMPLOYER ADDRESS] (000) 000-0000 or by e-mail/fax/overnight delivery before the end mail to, if using email, with a copy to, or to their designated successors. Provided Executive has not revoked his acceptance of this Agreement during such seven7-day revocation period, this Agreement shall become effective the eighth day after the Executive signs this Agreement (“Effective Date”). In the event of such revocation Executive acknowledges that, even if this Agreement is not executed or is canceled or revoked by the Executive, the Employer hall have provisions of the option Confidential Information Agreement, that otherwise by their terms survive termination of treating this Release as null Executive’s employment shall remain in full force and void in its entirety. This Release shall not become effective, until the eighth (8th) day after/day the Executive and the Employer execute this Release. Such date shall be the Effective Date of this Release. No payments due to the Executive hereunder shall be made or begin before the Effective Dateeffect.
Appears in 1 contract
Samples: Executive Transition Services Agreement (Coherent Inc)
Knowing and Voluntary Acknowledgement. The By signing this Agreement, Executive specifically agrees hereby acknowledges and acknowledges confirms that: (i) the Executive has read this Release Agreement in its entirety and understands all of its terms; (ii) the Executive has been advised of and has availed himself of his right to consult with his attorney prior to executing this ReleaseAgreement; (iii) the Executive knowingly, freely and voluntarily assents to all of its the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Executive is executing this ReleaseAgreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Executive is not waiving or releasing rights or claims that may arise after his execution of this Release; and (vi) the Executive understands that the waiver and release in this Release is being requested in connection with the cessation of his employment with the Employer Group. The Executive further acknowledges that he has had [twenty-one (21)/forty-five (45)] was given at least 21 days to consider the terms of this Release Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the ; (vi) Executive acknowledges understands that he shall have an additional has seven (7) days from the date on which he signs this Release Agreement to revoke consent to his the release of claims under the ADEA in this paragraph by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery in accordance with Section 17 below before the end of such seven-day period. In ; (vii) Executive understands that the event release contained in this Section 3 does not apply to rights and claims that may arise after the date on which Executive signs this Agreement; and (viii) Executive understands that the waiver and release in this Agreement is being requested in connection with the cessation of such revocation by the Executive, the his employment with Employer hall have the option of treating this Release as null and void in its entiretyGroup. This Release Agreement shall not become effective, until the eighth (8th) day after/day the after Executive and the Employer execute this ReleaseAgreement. Such date shall be the Effective Date of this ReleaseAgreement. No payments due to the Executive hereunder shall be made or begin before the Effective Date. In the event of revocation by Executive as described in clause (vii) above, the Employer shall have the option of treating this Agreement as null and void in its entirety.
Appears in 1 contract
Samples: Employment Agreement (RigNet, Inc.)
Knowing and Voluntary Acknowledgement. The Executive specifically agrees and acknowledges that: (i) the Executive has read this Release in its entirety and understands all of its terms; (ii) the Executive has been advised of and has availed himself herself of his her right to consult with his her attorney prior to executing this Release; (iii) the Executive knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Executive is executing this Release, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he she is otherwise entitled; (v) the Executive is not waiving or releasing rights or claims that may arise after his her execution of this Release; and (vi) the Executive understands that the waiver and release in this Release is being requested in connection with the cessation of his her employment with the Employer Group. The Executive further acknowledges that he she has had [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of his her choice, although he she may sign it sooner if desired. Further, the Executive acknowledges that he she shall have an additional seven (7) days from the date on which he she signs this Release to revoke consent to his her release of claims under the ADEA by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] ’s General Counsel by e-mail/fax/overnight delivery before the end of such seven-day period. In the event of such revocation by the Executive, the Employer hall have the option of treating this Release as null and void in its entirety. This Release shall not become effective, until the eighth (8th) day after/day the Executive and the Employer execute this Release. Such date shall be the Effective Date of this Release. No payments due to the Executive hereunder shall be made or begin before the Effective Date.
Appears in 1 contract
Knowing and Voluntary Acknowledgement. The Executive Employee specifically agrees and acknowledges that: (i) the Executive Employee has read this Release Agreement in its entirety and understands all of its terms; (ii) the Executive Employee has been advised of and has availed himself of his right to consult with his attorney prior to executing this ReleaseAgreement; (iii) the Executive Employee knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Executive Employee is executing this ReleaseAgreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Executive Employee is not waiving or releasing rights or claims that may arise after his execution of this ReleaseAgreement; and (vi) the Executive Employee understands that the waiver and release in this Release Agreement is being requested in connection with the cessation of his employment with the Employer GroupEmployer. The Executive Employee further acknowledges that he has had [twenty-one (21)/forty-five (45)] 21) days to consider the terms of this Release Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Executive Employee acknowledges that he shall have an additional seven (7) days from the date on which he signs this Release Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to [NAME] Ixxx Xxxxxx, Chief Financial Officer, at the Employer, [EMPLOYER ADDRESS] ixxxxxx@xxxxxxxx.xxx, by e-mail/fax/, fax or overnight delivery before the end of such seven-day period. In the event of such revocation by the ExecutiveEmployee, the Employer hall shall have the option of treating this Release Agreement as null and void in its entirety. This Release Agreement shall not become effective, until the eighth November 8, 2019 (8th) day after/day the Executive and the Employer execute this Release“Effective Date”). Such date shall be the Effective Date of this ReleaseAgreement. No payments due to the Executive Employee hereunder shall be made or begin before the Effective Date. Notwithstanding the foregoing, for the avoidance of doubt the Employer shall transfer the Vested RSAs to the Employee as of the Separation Date.
Appears in 1 contract
Samples: Separation, Settlement and Release of Claims Agreement (Reed's, Inc.)
Knowing and Voluntary Acknowledgement. The Executive Employee specifically agrees and acknowledges that: (i) the Executive Employee has read this Release in its entirety and understands all of its terms; (ii) the Executive Employee has been advised of and has availed himself him/herself of his Employee’s right to consult with his Employee’s attorney prior to executing this Release; (iii) the Executive Employee knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Executive Employee is executing this Release, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he Employee is otherwise entitled; (v) the Executive Employee is not waiving or releasing rights or claims that may arise after his Employee’s execution of this Release; and (vi) the Executive Employee understands that the waiver and release in this Release is being requested in connection with the cessation of his Employee’s employment with the Employer Group. The Executive Employee further acknowledges that he Employee has had [twenty-one (21)/forty-five (45)] days to consider the terms of this Release and consult with an attorney of his Employee’s choice, although he Employee may sign it sooner if desired. Further, the Executive Employee acknowledges that he Employee shall have an additional seven (7) days from the date on which he Employee signs this Release to revoke consent to his Employee’s release of claims under the ADEA by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/fax/ overnight delivery before the end of such seven-day seven (7)-day period. In the event of such revocation by the ExecutiveEmployee, the Employer hall have the option of treating this Release as null and void in its entirety. This Release shall not become effective, until the eighth (8th) day after/day the Executive Employee and the Employer execute this Release. Such date shall be the Effective Date of this Release. No payments due to the Executive Employee hereunder shall be made or begin before the Effective Date.
Appears in 1 contract
Knowing and Voluntary Acknowledgement. The By signing this Agreement, Executive specifically agrees hereby acknowledges and acknowledges confirms that: (i) the Executive has read this Release Agreement in its entirety and understands all of its terms; (ii) the Executive has been advised of and has availed himself of his right to consult with his attorney prior to executing this ReleaseAgreement; (iii) the Executive knowingly, freely and voluntarily assents to all of its the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Executive is executing this ReleaseAgreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Executive is not waiving or releasing rights or claims that may arise after his execution of this Release; and (vi) the Executive understands that the waiver and release in this Release is being requested in connection with the cessation of his employment with the Employer Group. The Executive further acknowledges that he has had [twenty-one (21)/forty-five (45)] was given at least 21 days to consider the terms of this Release Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the ; (vi) Executive acknowledges understands that he shall have an additional has seven (7) days from the date on which he signs this Release Agreement to revoke consent to his the release of claims under the ADEA in this paragraph by delivering notice of revocation to [NAME] at the Employer, [EMPLOYER ADDRESS] by e-mail/fax/overnight delivery in accordance with Section 16 below before the end of such seven-day period. In ; (vii) Executive understands that the event release contained in this Section 4 does not apply to rights and claims that may arise after the date on which Executive signs this Agreement; and (viii) Executive understands that the waiver and release in this Agreement is being requested in connection with the cessation of such revocation by the Executive, the his employment with Employer hall have the option of treating this Release as null and void in its entiretyGroup. This Release Agreement shall not become effective, until the eighth (8th) day after/day the after Executive and the Employer execute this ReleaseAgreement. Such date shall be the Effective Date of this ReleaseAgreement. No payments due to the Executive hereunder shall be made or begin before the Effective Date. In the event of revocation by Executive as described in clause (vi) above, the Employer shall have the option of treating this Agreement as null and void in its entirety.
Appears in 1 contract
Samples: Severance Agreement (RigNet, Inc.)