Common use of Knowing and Voluntary Acknowledgement Clause in Contracts

Knowing and Voluntary Acknowledgement. Executive agrees and acknowledges that: (a) Executive has read the terms of this Release and understands all of its terms; (b) Executive is hereby advised of Executive’s right to consult with an attorney of his choice prior to executing this Release; (c) this Release represents an important legal and binding agreement, that he is executing this Release voluntarily, free from duress, undue pressure or influence, harassment or intimidation and that he enters into it with full knowledge of its intent and terms; and (d) he is not waiving or releasing rights or claims that may arise after his execution of this Release. Executive understands and agrees that Executive has been given at least 21 days (the “Release Consideration Period”) within which to consider this Release and its ramifications and discuss the terms of this Release with the Company before executing it. Executive further acknowledges that any modification of this Release, whether material or immaterial, will not restart or change the Release Consideration Period. Executive further understands and agrees that once Executive signs this Release, he will have an additional 7 days in which to revoke this Release. To do so, Executive must provide notice of revocation prior to the expiration of the 7-day revocation period to Xxxx Xxxxx, Senior Vice President of Human Resources in writing via hand delivery, fax at (000)-000-0000 or by e-mail to Xxxx.Xxxxx@xxxxxxxx.xxx, if using email, with a copy to xxxx.xxxxxxx@xxxxxxxx.xxx, or their designated successors. Provided Executive has not revoked this Release during such 7-day revocation period, this Release shall become effective the eighth day after the Executive signs this Release (“Release Effective Date”).

Appears in 1 contract

Samples: Ceo Transition and Retirement Agreement (Coherent Inc)

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Knowing and Voluntary Acknowledgement. Executive agrees and acknowledges that: (a) Executive has read the terms of this Release Agreement and understands all of its terms; (b) Executive is hereby advised of Executive’s right to consult with an attorney of his choice prior to executing this ReleaseAgreement; (c) this Release Agreement represents an important legal and binding agreement, that he is executing this Release Agreement voluntarily, free from duress, undue pressure or influence, harassment or intimidation and that he enters into it with full knowledge of its intent and terms; and (d) he is not waiving or releasing rights or claims that may arise after his execution of this ReleaseAgreement. Executive understands and agrees that Executive has been given at least 21 days (the “Release Consideration Period”) within which to consider this Release Agreement and its ramifications and discuss the terms of this Release Exhibit 10.2 Agreement with the Company before executing it. Executive further acknowledges that any modification of this ReleaseAgreement, whether material or immaterial, will not restart or change the Release Consideration Period. Executive further understands and agrees that once Executive signs this ReleaseAgreement, he will have an additional 7 days in which to revoke his acceptance of this ReleaseAgreement. To do so, Executive must provide notice of revocation prior to the expiration of the 7-day revocation period to Xxxx XxxxxMark Rakic, Senior Vice President of Human Presidenx xx Xxxxx Resources in writing via hand delivery, fax at (000)-000408)-764-0000 4820 or by e-mail to Xxxx.Xxxxx@xxxxxxxx.xxxMxxx.Xxxxx@xxxxrent.com, if using emailusinx xxxxx, with a copy to xxxx.xxxxxxx@xxxxxxxx.xxxxxxx x xxxx xx Bret.DiMarco@coherent.com, or their designated successorsto xxxxx xxxxxxxxxx xxxxxxxors. Provided Executive has not revoked his acceptance of this Release Agreement during such 7-day revocation period, this Release Agreement shall become effective the eighth day after the Executive signs this Release Agreement (“Release Effective Date”). Executive acknowledges that, even if this Agreement is not executed or is canceled or revoked by Executive, the provisions of the Employee Agreement, that otherwise by their terms survive termination of Executive’s employment shall remain in full force and effect.

Appears in 1 contract

Samples: Transition Agreement (Coherent Inc)

Knowing and Voluntary Acknowledgement. Executive agrees and acknowledges that: (a) Executive has read the terms of this Release Agreement and understands all of its terms; (b) Executive is hereby advised of Executive’s right to consult with an attorney of his choice prior to executing this ReleaseAgreement; (c) this Release Agreement represents an important legal and binding agreement, that he is executing this Release Agreement voluntarily, free from duress, undue pressure or influence, harassment or intimidation and that he enters into it with full knowledge of its intent and terms; and (d) he is not waiving or releasing rights or claims that may arise after his execution of this ReleaseAgreement. Executive understands and agrees that Executive has been given at least 21 days (the “Release Consideration Period”) within which to consider this Release Agreement and its ramifications and discuss the terms of this Release Agreement with the Company before executing it. Executive further acknowledges that any modification of this ReleaseAgreement, whether material or immaterial, will not restart or change the Release Consideration Period. Exhibit 10.2 Executive further understands and agrees that once Executive signs this ReleaseAgreement, he will have an additional 7 days in which to revoke his acceptance of this ReleaseAgreement. To do so, Executive must provide notice of revocation prior to the expiration of the 7-day revocation period to Xxxx Xxxxx, Senior Vice President of Human Resources in writing via hand delivery, fax at (000)-000-0000 or by e-mail to Xxxx.Xxxxx@xxxxxxxx.xxxto, if using email, with a copy to xxxx.xxxxxxx@xxxxxxxx.xxxto, or to their designated successors. Provided Executive has not revoked his acceptance of this Release Agreement during such 7-day revocation period, this Release Agreement shall become effective the eighth day after the Executive signs this Release Agreement (“Release Effective Date”). Executive acknowledges that, even if this Agreement is not executed or is canceled or revoked by Executive, the provisions of the Employee Agreement, that otherwise by their terms survive termination of Executive’s employment shall remain in full force and effect.

Appears in 1 contract

Samples: Ceo Transition and Retirement Agreement (Coherent Inc)

Knowing and Voluntary Acknowledgement. By signing this Agreement, Executive agrees hereby acknowledges and acknowledges confirms that: (ai) Executive has read the terms of this Release Agreement in its entirety and understands all of its terms; (bii) Executive has been advised of and has availed himself of his right to consult with his attorney prior to executing this Agreement; (iii) Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) Executive is hereby advised executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of Executive’s right value to which he is otherwise entitled; (v) Executive was given at least 21 days to consider the terms of this Agreement and consult with an attorney of his choice prior to executing this Releasechoice, although he may sign it sooner if desired; (cvi) this Release represents an important legal and binding agreement, Executive understands that he is executing has seven days from the date he signs this Release voluntarily, free from duress, undue pressure or influence, harassment or intimidation Agreement to revoke the release in this paragraph by delivering notice of revocation in accordance with Section 16 below before the end of such seven-day period; (vii) Executive understands that the release contained in these Sections 3 and that he enters into it with full knowledge of its intent 4 does not apply to rights and terms; and (d) he is not waiving or releasing rights or claims that may arise after his execution of this Release. Executive understands and agrees that Executive has been given at least 21 days (the “Release Consideration Period”) within date on which to consider this Release and its ramifications and discuss the terms of this Release with the Company before executing it. Executive further acknowledges that any modification of this Release, whether material or immaterial, will not restart or change the Release Consideration Period. Executive further understands and agrees that once Executive signs this ReleaseAgreement; and (viii) Executive understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with Employer Group. This Agreement shall not become effective, he will have an additional 7 days in which to revoke this Release. To do so, Executive must provide notice of revocation prior to the expiration of the 7-day revocation period to Xxxx Xxxxx, Senior Vice President of Human Resources in writing via hand delivery, fax at (000)-000-0000 or by e-mail to Xxxx.Xxxxx@xxxxxxxx.xxx, if using email, with a copy to xxxx.xxxxxxx@xxxxxxxx.xxx, or their designated successors. Provided Executive has not revoked this Release during such 7-day revocation period, this Release shall become effective until the eighth day after Executive and Employer execute this Agreement. Such date shall be the Effective Date of this Agreement. No payments due to Executive signs this Release (“Release 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: Employment Agreement (RigNet, Inc.)

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Knowing and Voluntary Acknowledgement. Executive agrees and acknowledges that: (a) Executive has read the terms of this Release and understands all of its terms; (b) Executive is hereby advised of Executive’s right to consult with an attorney of his choice prior to executing this Release; (c) this Release represents an important legal and binding agreement, that he is executing this Release voluntarily, free from duress, undue pressure or influence, harassment or intimidation and that he enters into it with full knowledge of its intent and terms; and (d) he is not waiving or releasing rights or claims that may arise after his execution of this Release. Executive understands and agrees that Executive has been given at least 21 days (the “Release Consideration Period”) within which to consider this Release and its ramifications and discuss the terms of this Release with the Company before executing it. Executive further acknowledges that any modification of this Release, whether material or immaterial, will not restart or change the Release Consideration Period. Executive further understands and agrees that once Executive signs this Release, he will have an additional 7 days in which to revoke this Release. To do so, Executive must provide notice of revocation prior to the expiration of the 7-day revocation period to Xxxx XxxxxMark Rakic, Senior Vice President of Human Presidenx xx Xxxxx Resources in writing via hand delivery, fax at (000)-000408)-764-0000 4820 or by e-mail to Xxxx.Xxxxx@xxxxxxxx.xxxMark.Rakic@coherent.com, if using emailusinx xxxxx, with a copy to xxxx.xxxxxxx@xxxxxxxx.xxxxxxx x xxxx xx bret.dimarco@coherent.com, or their designated successorsthxxx xxxxxxxxxx xxxxxxxxxx. Provided Executive has not revoked this Release during such 7-day revocation period, this Release shall become effective the eighth day after the Executive signs this Release (“Release Effective Date”).

Appears in 1 contract

Samples: Transition Agreement (Coherent Inc)

Knowing and Voluntary Acknowledgement. By signing this Agreement, Executive agrees hereby acknowledges and acknowledges confirms that: (ai) Executive has read the terms of this Release Agreement in its entirety and understands all of its terms; (bii) Executive has been advised of and has availed himself of his right to consult with his attorney prior to executing this Agreement; (iii) Executive knowingly, freely and voluntarily assents to all of the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) Executive is hereby advised executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of Executive’s right value to which he is otherwise entitled; (v) Executive was given at least 21 days to consider the terms of this Agreement and consult with an attorney of his choice prior to executing this Releasechoice, although he may sign it sooner if desired; (cvi) this Release represents an important legal and binding agreement, Executive understands that he is executing has seven days from the date he signs this Release voluntarily, free from duress, undue pressure or influence, harassment or intimidation Agreement to revoke the release in this paragraph by delivering notice of revocation in accordance with Section 15 below before the end of such seven-day period; (vii) Executive understands that the release contained in this Section 4 does not apply to rights and that he enters into it with full knowledge of its intent and terms; and (d) he is not waiving or releasing rights or claims that may arise after his execution of this Release. Executive understands and agrees that Executive has been given at least 21 days (the “Release Consideration Period”) within date on which to consider this Release and its ramifications and discuss the terms of this Release with the Company before executing it. Executive further acknowledges that any modification of this Release, whether material or immaterial, will not restart or change the Release Consideration Period. Executive further understands and agrees that once Executive signs this ReleaseAgreement; and (viii) Executive understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with Employer Group. This Agreement shall not become effective, he will have an additional 7 days in which to revoke this Release. To do so, Executive must provide notice of revocation prior to the expiration of the 7-day revocation period to Xxxx Xxxxx, Senior Vice President of Human Resources in writing via hand delivery, fax at (000)-000-0000 or by e-mail to Xxxx.Xxxxx@xxxxxxxx.xxx, if using email, with a copy to xxxx.xxxxxxx@xxxxxxxx.xxx, or their designated successors. Provided Executive has not revoked this Release during such 7-day revocation period, this Release shall become effective until the eighth day after Executive and Employer execute this Agreement. Such date shall be the Effective Date of this Agreement. Payments due to Executive signs hereunder and in the Separation Agreement shall be made on the Effective Date or as otherwise agreed hereunder or in the Separation Agreement. In the event of revocation by Executive as described in clause (vi) above, the Employer shall have the option of treating this Release (“Release Effective Date”)Agreement as null and void in its entirety.

Appears in 1 contract

Samples: Separation Agreement (RigNet, Inc.)

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