Common use of Knowing and Voluntary Execution Clause in Contracts

Knowing and Voluntary Execution. Executive understands and agrees as follows: (a) Executive may take up to twenty-one (21) calendar days from the Separation Date to consider whether or not he desires to execute this Agreement; (b) Executive may revoke this Agreement at any time during the seven (7) calendar day period after he signs and delivers this Agreement to the Company’s General Counsel. Any such revocation must be in writing and personally delivered to the Company’s General Counsel by the end of the seventh (7th) calendar day. Executive understands that this Agreement is not effective, and Executive is not entitled to the separation payments and benefits specified in Paragraph 1, until the expiration of this seven (7) calendar day revocation period. Executive understands that upon the expiration of such seven (7) calendar day revocation period, this entire Agreement will be binding upon Executive and will be irrevocable; (c) Executive has carefully read and fully understands all of the provisions of this Agreement; (d) Executive knowingly and voluntarily agrees to all of the terms set forth in this Agreement and to be bound by this Agreement; (e) Executive is hereby advised in writing to consult with an attorney and tax advisor of his choice prior to executing this Agreement and has had the opportunity and sufficient time to seek such advice; (f) Executive understands that rights or claims under the Age Discrimination in Employment Act that may arise after the date this Release is executed are not waived; and (g) Executive agrees that the separation pay provided in this Agreement is in addition to any consideration to which he may already be entitled.

Knowing and Voluntary Execution. Executive Xx. Xxxxxxx understands and agrees as followsthat she: (a) Executive may take up to twenty-one (21) calendar days from the Separation Employment Termination Date to consider whether or not he she desires to execute this Agreement; (b) Executive may revoke this Agreement at any time during the seven (7) calendar day period after he she signs and delivers this Agreement to the Company’s General Counsel. Any such revocation must be in writing and personally delivered faxed to the Company’s General Counsel at (000) 000-0000, Mannatech, Incorporated, 000 Xxxxx Xxxxx Xxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000, by the end of the seventh (7th) calendar day. Executive Xx. Xxxxxxx understands that this Agreement is not effective, and Executive Xx. Xxxxxxx is not entitled to the separation payments payment and benefits specified in Paragraph 1Paragraphs 2(a)-(c), until the expiration of this seven (7) calendar day revocation period. Executive Xx. Xxxxxxx understands that upon the expiration of such seven (7) calendar day revocation period, period this entire Agreement will be binding upon Executive Xx. Xxxxxxx and will be irrevocable; (c) Executive has carefully read and fully understands all of the provisions of this Agreement; (d) Executive knowingly and voluntarily agrees to all of the terms set forth in this Agreement and to be bound by this Agreement; (e) Executive is hereby advised in writing to consult with an attorney and tax advisor of his her choice prior to executing this Agreement and has had the opportunity and sufficient time to seek such advice; (f) Executive understands that rights or claims under the Age Discrimination in Employment Act that may arise after the date this Release is executed are not waived; and (g) Executive agrees that the separation pay payment(s) and benefits provided in Paragraphs 2(a)-(c) of this Agreement is are in addition to any consideration to which he she may already be entitled. PLEASE READ CAREFULLY. THIS CONFIDENTIAL SEPARATION AND RELEASE AGREEMENT INCLUDES THE RELEASE OF ALL CLAIMS AGAINST THE COMPANY, KNOWN OR UNKNOWN, THAT MAY HAVE OCCURRED AS OF THE DATE OF THIS AGREEMENT, INCLUDING ALL CLAIMS ARISING UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT.

Knowing and Voluntary Execution. Executive understands and agrees as followsthat he: (a) Executive may May, but is not required to, take up to twenty-one (21) calendar days from the Separation Date date he is presented this Agreement to consider whether or not he desires to execute this AgreementAgreement (with the understanding that to the extent, if any, changes are made to this Agreement at Executive’s request, such revisions do not re-start the twenty-one (21)-day consideration period); (b) Executive may revoke this Agreement at any time during the seven (7) calendar day period after he signs and delivers this Agreement to the Company’s General Counsel. Any such revocation must be in writing and personally delivered to the Company’s General Counsel by the end of the seventh (7th) calendar day. Executive understands that this Agreement is not effective, and Executive is not entitled to the separation payments and benefits specified in Paragraph 1, until the expiration of this seven (7) calendar day revocation period. Executive understands that upon the expiration of such seven (7) calendar day revocation period, this entire Agreement will be binding upon Executive and will be irrevocable; (c) Executive has carefully read and fully understands all of the provisions of this Agreement; (d) Executive knowingly Knowingly and voluntarily agrees to all of the terms set forth in this Agreement and to be bound by this Agreement; (ec) Executive is Is hereby advised in writing to consult with an attorney and tax advisor of his choice prior to executing this Agreement and has had the opportunity and sufficient time to seek such advice; (d) Agrees that some or all of the Severance Pay and benefits provided pursuant to this Agreement and the Severance Plan are in addition to any consideration to which he may already be entitled absent execution of this Agreement; (e) Will not be entitled to a re-computation of any employment benefits based on amounts paid in lieu of notice and/or Severance Pay; (f) Executive understands Understands that rights or claims under the Age Discrimination in Employment Act ADEA that may arise after the date this Release Agreement is executed are not waived; and (g) May revoke this Agreement at any time during the seven (7) calendar day period immediately after Executive agrees signs and delivers this Agreement to the Company. Executive also understands that any revocation of this Agreement must be made in writing and delivered to NuVasive, Inc. at 0000 Xxxx Xxxx., San Diego, CA 92121, attention Xxxxxxxxx Xxxxxxxx, General Counsel, within the separation pay provided in seven (7) day period. Executive understands that this Agreement is in addition not effective, and Executive is not entitled to any consideration to which he may already the Severance Pay and benefits provided herein, until the expiration of this seven (7) calendar day revocation period. Executive understands that upon the expiration of such seven (7) day revocation period, this entire Agreement will be entitledbinding upon Executive and will be irrevocable. The “Effective Date” of this Agreement shall be the eighth day after Executive has accepted this Agreement, provided the Agreement is not timely revoked.

Knowing and Voluntary Execution. Executive understands and agrees as followsthat: (ai) Executive may take up to He has had the opportunity of a full twenty-one (21) calendar days from the Separation Date within which to consider whether or not he desires to execute this Agreement;Agreement before executing it. (bii) Executive may revoke this Agreement at any time during the seven (7) calendar day period after he signs and delivers this Agreement to the Company’s General Counsel. Any such revocation must be in writing and personally delivered to the Company’s General Counsel by the end of the seventh (7th) calendar day. Executive understands that this Agreement is not effective, and Executive is not entitled to the separation payments and benefits specified in Paragraph 1, until the expiration of this seven (7) calendar day revocation period. Executive understands that upon the expiration of such seven (7) calendar day revocation period, this entire Agreement will be binding upon Executive and will be irrevocable; (c) Executive He has carefully read and fully understands all of the provisions of each provision herein. (iii) He is, through this Agreement;, releasing the Company Group and the Releasee(s) from any and all claims he may have against the Company Group and/or the Releasees. (div) Executive He knowingly and voluntarily agrees to all of the terms set forth each term in this Agreement Agreement. (v) He knowingly and voluntarily intends to be legally bound by this Agreement;the same. (evi) Executive is hereby He has been advised in writing by the Company to consult with an attorney and tax advisor his own counsel regarding the terms of his choice this Agreement prior to executing this Agreement. (vii) He has a full seven (7) calendar days following the execution of this Agreement to revoke this Agreement and has had been and hereby is advised in writing that this Agreement shall not become effective or enforceable until the opportunity and sufficient time to seek such advice;revocation period has expired. (fviii) If he does not sign and return this Agreement to the Company (Attn: Vice President, Human Resources) on or before December 2, 2011 (but not prior to the Employment Termination Date), or if he revokes this Agreement, the Company shall have no obligation to enter into this Agreement, and Executive understands shall not be entitled to the payments or benefits set forth in Paragraph 2 of this Agreement, but the Employment Termination Date and the Board Service Termination Date shall be unaltered; provided, however, that if Executive does not sign, or signs and revokes, this Agreement, such action will not constitute a waiver of Executive’s rights or claims under the Age Discrimination in terms of the Employment Act that may arise after the date this Release is executed are not waived; andAgreement. (gix) Executive agrees that the separation pay provided in this This Agreement is valid, binding and enforceable against the parties in addition to any consideration to which he may already be entitledaccordance with its terms.

Knowing and Voluntary Execution. Executive Employee understands and agrees as followsthat Employee: (a) Executive may May, but is not required to, take up to twenty-one (21) calendar days from the Separation Date date Employee is presented this Agreement to consider whether or not he Employee desires to execute this AgreementAgreement (with the understanding that to the extent, if any, changes are made to this Agreement at Employee’s request, such revisions do not re-start the twenty-one (21)-day consideration period); (b) Executive may revoke this Agreement at any time during the seven (7) calendar day period after he signs and delivers this Agreement to the Company’s General Counsel. Any such revocation must be in writing and personally delivered to the Company’s General Counsel by the end of the seventh (7th) calendar day. Executive understands that this Agreement is not effective, and Executive is not entitled to the separation payments and benefits specified in Paragraph 1, until the expiration of this seven (7) calendar day revocation period. Executive understands that upon the expiration of such seven (7) calendar day revocation period, this entire Agreement will be binding upon Executive and will be irrevocable; (c) Executive has carefully read and fully understands all of the provisions of this Agreement; (d) Executive knowingly Knowingly and voluntarily agrees to all of the terms set forth in this Agreement and to be bound by this Agreement; (ec) Executive is hereby Is advised in writing to consult with an attorney and tax advisor of his Employee’s choice prior to before executing this Agreement and has had the opportunity and sufficient time to seek such advice; (d) Agrees that some or all of the Severance Pay and benefits provided pursuant to this Agreement and the Severance Plan are in addition to any consideration to which Employee may already be entitled absent execution of this Agreement; (e) Will not be entitled to a re-computation of any employment benefits based on amounts paid in lieu of notice and/or Severance Pay; (f) Executive understands Understands that rights or claims under the Age Discrimination in Employment Act ADEA that may arise after the date this Release Agreement is executed are not waived; and (g) Executive agrees May revoke this Agreement at any time during the seven (7) calendar day period immediately after Employee signs and delivers this Agreement to the Company. Employee also understands that any revocation of this Agreement must be made in writing and delivered to NuVasive, Inc. at 7000 Xxxx Xxxx., San Diego, CA 92121, attention General Counsel, within the separation pay provided in seven (7) day period. Employee understands that this Agreement is in addition not effective, and Employee is not entitled to any consideration to which he may already the Severance Pay and benefits provided herein, until the expiration of this seven (7) calendar day revocation period. Employee understands that upon the expiration of such seven (7) day revocation period, this entire Agreement will be entitledbinding upon Employee and will be irrevocable. The “Effective Date” of this Agreement shall be the later of the eighth day after Employee has executed this Agreement or the Separation Date, provided the Agreement is not timely revoked.

Knowing and Voluntary Execution. Executive Employee understands and agrees that he: Exhibit 10.1 a. is not waiving any rights or claims under the ADEA or that may arise after the later of the Effective Date or Termination Date, or any rights or claims to test the knowing and voluntary nature of this Agreement under the Older Workers’ Benefit Protection Act, as follows: (a) Executive may take up to twenty-one (21) calendar days from the Separation Date to consider whether or not he desires to execute this Agreementamended; (b) Executive may revoke this Agreement at any time during the seven (7) calendar day period after he signs and delivers this Agreement to the Company’s General Counsel. Any such revocation must be in writing and personally delivered to the Company’s General Counsel by the end of the seventh (7th) calendar day. Executive understands that this Agreement is not effective, and Executive is not entitled to the separation payments and benefits specified in Paragraph 1, until the expiration of this seven (7) calendar day revocation period. Executive understands that upon the expiration of such seven (7) calendar day revocation period, this entire Agreement will be binding upon Executive and will be irrevocable; (c) Executive b. has carefully read and fully understands all of the provisions of this Agreement; (d) Executive c. knowingly and voluntarily agrees to all of the terms set forth in this Agreement and to be bound by this Agreement; (e) Executive d. is hereby advised in writing to consult with an attorney and tax advisor of his Employee’s choice prior to executing this Agreement Agreement, and has had the opportunity and sufficient time to seek such advice; (f) Executive understands that rights e. is releasing the Company from any and all claims Employee may have against the Company arising on or before the Effective Date or Termination Date, whichever is later, including claims arising under the Age Discrimination in Employment Act that ADEA; f. may arise after the date take up to (21) days to consider whether Employee desires to execute this Release is executed are not waivedAgreement; and g. has a period of seven (g7) Executive agrees that the separation pay provided in days after executing this Agreement is to revoke the release of claims contained in addition Section 4 and that any such revocation must be in writing and delivered, prior to expiration of the seven day revocation period, to Xxxx Xxxxxxxxx, Senior Vice President of Administration, General Counsel and Corporate Secretary, at XXxxxxxxxx@XxxxxxxXxxxxxxx.xxx or 0000 Xxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000. Employee acknowledges that any consideration revocation would only be effective as to which he may already be entitledthe claims released under Section 4 and would not extend to the claims released in Section 3.

Knowing and Voluntary Execution. Executive Employee understands and agrees as followsthat she: (a) Executive may May, but is not required to, take up to twenty-one (21) calendar days from the Separation Date date she is presented this Agreement to consider whether or not he she desires to execute this AgreementAgreement (with the understanding that to the extent, if any, changes are made to this Agreement at Employee’s request, such revisions do not re-start the twenty-one (21)-day consideration period); (b) Executive may revoke this Agreement at any time during the seven (7) calendar day period after he signs and delivers this Agreement to the Company’s General Counsel. Any such revocation must be in writing and personally delivered to the Company’s General Counsel by the end of the seventh (7th) calendar day. Executive understands that this Agreement is not effective, and Executive is not entitled to the separation payments and benefits specified in Paragraph 1, until the expiration of this seven (7) calendar day revocation period. Executive understands that upon the expiration of such seven (7) calendar day revocation period, this entire Agreement will be binding upon Executive and will be irrevocable; (c) Executive has carefully read and fully understands all of the provisions of this Agreement; (d) Executive knowingly Knowingly and voluntarily agrees to all of the terms set forth in this Agreement and to be bound by this Agreement; (ec) Executive is Is hereby advised in writing to consult with an attorney and tax advisor of his her choice prior to executing this Agreement and has had the opportunity and sufficient time to seek such advice; (d) Agrees that some or all of the Severance Pay and benefits provided pursuant to this Agreement and the Severance Plan are in addition to any consideration to which she may already be entitled absent execution of this Agreement; (e) Will not be entitled to a re-computation of any employment benefits based on amounts paid in lieu of notice and/or Severance Pay; (f) Executive understands Understands that rights or claims under the Age Discrimination in Employment Act ADEA that may arise after the date this Release Agreement is executed are not waived; and (g) Executive agrees May revoke this Agreement at any time during the seven (7) calendar day period immediately after Employee signs and delivers this Agreement to the Company. Employee also understands that any revocation of this Agreement must be made in writing and delivered to NuVasive, Inc. at 0000 Xxxx Xxxx., San Diego, CA 92121, attention Xxxx Xxxxx, Leader, People & Culture, within the separation pay provided in seven (7) day period. Employee understands that this Agreement is in addition not effective, and Employee is not entitled to any consideration to which he may already the Severance Pay and benefits provided herein, until the expiration of this seven (7) calendar day revocation period. Employee understands that upon the expiration of such seven (7) day revocation period, this entire Agreement will be entitledbinding upon Employee and will be irrevocable. The “Effective Date” of this Agreement shall be the later of the eighth day after Employee has accepted this Agreement or her Separation Date, provided the Agreement is not timely revoked.

Knowing and Voluntary Execution. Executive understands and agrees as followsthat he: (a) Executive may May, but is not required to, take up to twenty-one (21) calendar days from the Separation Date date he is presented this Agreement to consider whether or not he desires to execute this AgreementAgreement (with the understanding that to the extent, if any, changes are made to this Agreement at Executive’s request, such revisions do not re-start the twenty-one (21)-day consideration period); (b) Executive may revoke this Agreement at any time during the seven (7) calendar day period after he signs and delivers this Agreement to the Company’s General Counsel. Any such revocation must be in writing and personally delivered to the Company’s General Counsel by the end of the seventh (7th) calendar day. Executive understands that this Agreement is not effective, and Executive is not entitled to the separation payments and benefits specified in Paragraph 1, until the expiration of this seven (7) calendar day revocation period. Executive understands that upon the expiration of such seven (7) calendar day revocation period, this entire Agreement will be binding upon Executive and will be irrevocable; (c) Executive has carefully read and fully understands all of the provisions of this Agreement; (d) Executive knowingly Knowingly and voluntarily agrees to all of the terms set forth in this Agreement and to be bound by this Agreement; (ec) Executive is Is hereby advised in writing to consult with an attorney and tax advisor of his choice prior to executing this Agreement and has had the opportunity and sufficient time to seek such advice; (d) Agrees that some or all of the Severance Pay and benefits provided pursuant to this Agreement and the Severance Plan are in addition to any consideration to which he may already be entitled absent execution of this Agreement; (e) Will not be entitled to a re-computation of any employment benefits based on amounts paid in lieu of notice and/or Severance Pay; (f) Executive understands Understands that rights or claims under the Age Discrimination in Employment Act ADEA that may arise after the date this Release Agreement is executed are not waived; and (g) May revoke this Agreement at any time during the seven (7) calendar day period immediately after Executive agrees signs and delivers this Agreement to the Company. Executive also understands that any revocation of this Agreement must be made in writing and delivered by mail to NuVasive, Inc. at 7000 Xxxx Xxxx., San Diego, CA 92121, attention Nxxxxxxxx Xxxxxxxx, General Counsel, or by email to nxxxxxxxx@xxxxxxxx.xxx within the separation pay provided in seven (7) day period. Executive understands that this Agreement is in addition not effective, and Executive is not entitled to any consideration to which he may already the Severance Pay and benefits provided herein, until the expiration of this seven (7) calendar day revocation period. Executive understands that upon the expiration of such seven (7) day revocation period, this entire Agreement will be entitledbinding upon Executive and will be irrevocable. The “Effective Date” of this Agreement shall be the eighth day after Executive has accepted this Agreement, provided the Agreement is not timely revoked.

Knowing and Voluntary Execution. Executive Employee understands and agrees as followsthat Employee: (a) Executive may May, but is not required to, take up to twenty-one (21) calendar days from the Separation Date date Employee is presented this Agreement to consider whether or not he Employee desires to execute this AgreementAgreement (with the understanding that to the extent, if any, changes are made to this Agreement at Employee’s request, such revisions do not re-start the twenty-one (21)-day consideration period); (b) Executive may revoke this Agreement at any time during the seven (7) calendar day period after he signs and delivers this Agreement to the Company’s General Counsel. Any such revocation must be in writing and personally delivered to the Company’s General Counsel by the end of the seventh (7th) calendar day. Executive understands that this Agreement is not effective, and Executive is not entitled to the separation payments and benefits specified in Paragraph 1, until the expiration of this seven (7) calendar day revocation period. Executive understands that upon the expiration of such seven (7) calendar day revocation period, this entire Agreement will be binding upon Executive and will be irrevocable; (c) Executive has carefully read and fully understands all of the provisions of this Agreement; (d) Executive knowingly Knowingly and voluntarily agrees to all of the terms set forth in this Agreement and to be bound by this Agreement; (ec) Executive is Is hereby advised in writing to consult with an attorney and tax advisor of his Employee’s choice prior to executing this Agreement and has had the opportunity and sufficient time to seek such advice; (d) Agrees that some or all of the Severance Pay and benefits provided pursuant to this Agreement and the Severance Plan are in addition to any consideration to which Employee may already be entitled absent execution of this Agreement; (e) Will not be entitled to a re-computation of any employment benefits based on amounts paid in lieu of notice and/or Severance Pay; (f) Executive understands Understands that rights or claims under the Age Discrimination in Employment Act ADEA that may arise after the date this Release Agreement is executed are not waived; and (g) Executive agrees May revoke this Agreement at any time during the seven (7) calendar day period immediately after Employee signs and delivers this Agreement to the Company. Employee also understands that any revocation of this Agreement must be made in writing and delivered to NuVasive, Inc. at 0000 Xxxx Xxxx., San Diego, CA 92121, attention Xxxx Xxxxxxxx, General Counsel, within the separation pay provided in seven (7) day period. Employee understands that this Agreement is in addition not effective, and Employee is not entitled to any consideration to which he may already the Severance Pay and benefits provided herein, until the expiration of this seven (7) calendar day revocation period. Employee understands that upon the expiration of such seven (7) day revocation period, this entire Agreement will be entitledbinding upon Employee and will be irrevocable. The “Effective Date” of this Agreement shall be the later of the eighth day after Employee has accepted this Agreement or the Separation Date, provided the Agreement is not timely revoked.

Knowing and Voluntary Execution. Executive Employee understands and agrees as followsthat Employee: (a) Executive may May, but is not required to, take up to twenty-one (21) calendar days from the Separation Date date Employee is presented this Agreement to consider whether or not he Employee desires to execute this AgreementAgreement (with the understanding that to the extent, if any, changes are made to this Agreement at Employee’s request, such revisions do not re-start the twenty-one (21)-day consideration period); (b) Executive may revoke this Agreement at any time during the seven (7) calendar day period after he signs and delivers this Agreement to the Company’s General Counsel. Any such revocation must be in writing and personally delivered to the Company’s General Counsel by the end of the seventh (7th) calendar day. Executive understands that this Agreement is not effective, and Executive is not entitled to the separation payments and benefits specified in Paragraph 1, until the expiration of this seven (7) calendar day revocation period. Executive understands that upon the expiration of such seven (7) calendar day revocation period, this entire Agreement will be binding upon Executive and will be irrevocable; (c) Executive has carefully read and fully understands all of the provisions of this Agreement; (d) Executive knowingly Knowingly and voluntarily agrees to all of the terms set forth in this Agreement and to be bound by this Agreement; (ec) Executive is Is hereby advised in writing to consult with an attorney and tax advisor of his Employee’s choice prior to executing this Agreement and has had the opportunity and sufficient time to seek such advice; (d) Agrees that some or all of the Severance Pay and benefits provided pursuant to this Agreement and the Severance Plan are in addition to any consideration to which Employee may already be entitled absent execution of this Agreement; (e) Will not be entitled to a re-computation of any employment benefits based on amounts paid in lieu of notice and/or Severance Pay; (f) Executive understands Understands that rights or claims under the Age Discrimination in Employment Act ADEA that may arise after the date this Release Agreement is executed are not waived; and (g) Executive agrees May revoke this Agreement at any time during the seven (7) calendar day period immediately after Employee signs and delivers this Agreement to the Company. Employee also understands that any revocation of this Agreement must be made in writing and delivered to NuVasive, Inc. at 0000 Xxxx Xxxx., San Diego, CA 92121, attention Xxxxxxxxx Xxxxxxxx, General Counsel, within the separation pay provided in seven (7) day period. Employee understands that this Agreement is in addition not effective, and Employee is not entitled to any consideration to which he may already the Severance Pay and benefits provided herein, until the expiration of this seven (7) calendar day revocation period. Employee understands that upon the expiration of such seven (7) day revocation period, this entire Agreement will be entitledbinding upon Employee and will be irrevocable. The “Effective Date” of this Agreement shall be the later of the eighth day after Employee has accepted this Agreement or the Separation Date, provided the Agreement is not timely revoked.

Knowing and Voluntary Execution. Executive understands acknowledges and agrees as followsthat: (a) Executive may take up to twenty-one (21) calendar days from the Separation Date to consider whether or not he desires to execute this Agreement; (b) Executive may revoke this Agreement at any time during the seven (7) calendar day period after he signs and delivers this Agreement to the Company’s General Counsel. Any such revocation must be in writing and personally delivered to the Company’s General Counsel by the end of the seventh (7th) calendar day. Executive understands that this Agreement is not effective, and Executive is not entitled to the separation payments and benefits specified in Paragraph 1, until the expiration of this seven (7) calendar day revocation period. Executive understands that upon the expiration of such seven (7) calendar day revocation period, this entire Agreement will be binding upon Executive and will be irrevocable; (c) a. Executive has carefully read and fully understands all of the provisions of this Agreement, specifically including but not limited to the General Release contained in Section 4 of this Agreement; (d) b. Executive knowingly and voluntarily agrees to all of the terms has not relied upon any representations or statements, written or oral, not set forth in this Agreement Agreement; c. Executive has thoroughly reviewed the releases and to be bound by waivers contained herein, and understood the effect of said releases and waivers before executing this Agreement; (e) d. Executive is hereby advised not waiving or releasing rights or claims that may arise after the Separation Date; e. Executive understands that the General Release contained in writing Section 4 of this Agreement is being requested by the Company in connection with its entering into this Agreement; f. The only consideration for Executive signing this Agreement is as set forth herein; g. The consideration provided to Executive under this Agreement is in addition to anything of value to which Executive may otherwise be entitled; h. Executive executes this Agreement freely, voluntarily and with full knowledge of its terms and consequences; i. Executive has been afforded sufficient time and opportunity to consult with an attorney and tax advisor of his choice is hereby advised to consult with an attorney prior to executing signing this Agreement; j. Executive has been given this Agreement on June 7, 2017, and has at least twenty-one (21) calendar days within which to consider this Agreement and has had that if Executive signs this Agreement in less than twenty-one (21) calendar days he does so voluntarily and without any pressure or coercion of any nature from the opportunity and sufficient time to seek such adviceCompany; k. Any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (f21) calendar day consideration period; l. For a period of seven (7) calendar days following Executive’s execution of this Agreement, Executive understands that rights may revoke this Agreement, including the General Release in Section 4 of this Agreement, by providing written notice of such revocation to Xxxxxx Xxxxxx, Director Human Resources, Fiesta Restaurant Group, Inc., 00000 Xxxxxxxx Xxxx., Xxxxx 000, Xxxxxxx, Xxxxx 00000 and this Agreement shall not become effective or claims under enforceable until the Age Discrimination in Employment Act that may arise after seven (7) day revocation period has expired; m. Should Executive not revoke this Agreement, this Agreement shall become effective on the date eighth (8th) day following Executive’s execution of this Release is executed are not waivedAgreement; and (g) n. If Executive agrees that timely revokes this Agreement, this Agreement will not become effective or enforceable and Executive will not receive or be entitled to receive the separation pay payments and benefits provided for in this Agreement is in addition to any consideration to which he may already be entitledAgreement.