Common use of Knowing and Voluntary Release Clause in Contracts

Knowing and Voluntary Release. a. By executing this Release Agreement, you warrant and represent that you have read this Release Agreement and understand that this Release Agreement contains a waiver and release of any and all rights and claims that you might otherwise have against the Released Parties, including, but not limited to, claims of age, race, color, sex, gender, national origin, sexual orientation, religious, genetic information, disability, education, or other discrimination; that you have been given a period of at least twenty-one (21) days within which to consider this release of your rights and claims as part of this Release Agreement; that you have been advised in writing to consult with an attorney before signing this Release Agreement and that you have had an opportunity to do so; that you understand fully the terms, conditions, requirements, and effects of this Release Agreement; and that you execute this Release Agreement freely, knowingly, and voluntarily without threat, duress, coercion, or promise of any consideration in addition to that set forth in this Release Agreement. b. You shall have seven (7) days following your execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement shall not become effective or enforceable until the revocation period has expired. Any such revocation must be communicated in writing, sent via priority overnight courier for delivery the next day to: [______________] Vice-President of Worldwide Human Resources Immucor, Inc. 0000 Xxxxxxx Xxxxx Xxxxxxxx, Xxxxxxx 00000-0000 With a copy to: In the absence of such revocation, this Release Agreement shall become effective and enforceable on the eighth day following your execution of this Release Agreement. d. You and Immucor acknowledge that this Release Agreement contains the entire understanding between the parties with respect to the subject matter hereof, that there is no representation, agreement or obligation regarding the terms of this Release Agreement which is not expressly set forth in this Release Agreement, and that no representation, inducement, promise, or agreement not expressly set forth in the text of this Release Agreement shall be of any force or effect. This Release Agreement shall not be modified or amended in any fashion except by written agreement signed by all parties. No waiver with respect to any portion of this Release Agreement shall apply to any other portion of this Release Agreement, and a waiver on one occasion shall not operate or be construed as a waiver of the same or any other breach on a future occasion, nor shall any waiver operate or be construed as a rescission of this Release Agreement. No course of dealing by any party, nor any failure, omission, delay, or forbearance by any party in exercising such party's rights or remedies under this Release Agreement shall be deemed a waiver of any such rights or remedies or a modification of this Release Agreement.

Knowing and Voluntary Release. a. By executing this Release Agreement, you warrant Employee acknowledges and represent that you have read this Release Agreement and understand agrees that: (a) Employee understands that this Release Agreement contains a waiver and release of any and all rights and is releasing claims that you might otherwise have against may arise under the Released Parties, including, but Age Discrimination in Employment Act of 1967 (29 U.S.C. §§ 621-634) and the Older Workers Benefit Protection Act; Employee also understands that this release does not limited to, extend to claims of age, race, color, sex, gender, national origin, sexual orientation, religious, genetic information, disability, education, or other discrimination; that you have been given may arise after the date this Agreement is signed. (b) Employee has had a period of at least twenty-one (21) days reasonable time within which to consider this Agreement before executing it. Employee has been provided with a period of 21 days within which to decide whether to accept the consideration set forth in Paragraph 5, and in return, provide the Company with a release of your rights all claims. Employee understands and claims as part acknowledges that Employee may voluntarily choose to sign and return this Agreement at any time during the 21-day period. If Employee signs this Agreement before the end of the 21-day period, Employee acknowledges that Employee knowingly and voluntarily does so and waives the remainder of the 21-day period, and that Employee was not asked, threatened, coerced or otherwise pressured or hurried to execute the Agreement prior to the end of the 21-day period. (c) Employee understands that for a period of seven (7) calendar days after the date that Employee signs this Agreement, Employee may revoke Employee’s acceptance of the terms of this Release Agreement by delivering a written notice of revocation to Xxxxx Xxxxxxx, Global HR Lead, 0000 00xx Xx. X, Xxxxxxxx, XX 00000. (d) Employee has carefully read and fully understands all of the provisions of this Agreement; , which is written in a manner that you have been advised Employee clearly understands. (e) Employee knowingly and voluntarily agrees to all of the terms in this Agreement. (f) Employee knowingly and voluntarily intends to be legally bound by this Agreement. (g) The Company is advising Employee in writing to consult with an attorney before of Employee’s choice prior to signing this Release Agreement and that you have had an opportunity to do so; that you understand fully the terms, conditions, requirements, and effects of this Release Agreement; and that you execute this Release Agreement freely, knowingly, and voluntarily without threat, duress, coercion, or promise of any consideration in addition to that set forth in this Release Agreement. b. You shall have seven (7) days following your execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement shall not become effective or enforceable until the revocation period has expired. Any such revocation must be communicated in writing, sent via priority overnight courier for delivery the next day to: [______________] Vice-President of Worldwide Human Resources Immucor, Inc. 0000 Xxxxxxx Xxxxx Xxxxxxxx, Xxxxxxx 00000-0000 With a copy to: In the absence of such revocation, this Release Agreement shall become effective and enforceable on the eighth day following your execution of this Release Agreement. d. You and Immucor acknowledge that this Release Agreement contains the entire understanding between the parties with respect to the subject matter hereof, that there is no representation, agreement or obligation regarding the terms of this Release Agreement which is not expressly set forth in this Release Agreement, and that no representation, inducement, promise, or agreement not expressly set forth in the text of this Release Agreement shall be of any force or effect. This Release Agreement shall not be modified or amended in any fashion except by written agreement signed by all parties. No waiver with respect to any portion of this Release Agreement shall apply to any other portion of this Release Agreement, and a waiver on one occasion shall not operate or be construed as a waiver of the same or any other breach on a future occasion, nor shall any waiver operate or be construed as a rescission of this Release Agreement. No course of dealing by any partyEACH PARTY REPRESENTS THAT SUCH PARTY HAS READ THE TERMS OF THIS AGREEMENT, nor any failureHAS HAD AN OPPORTUNITY TO FULLY DISCUSS AND REVIEW THE TERMS OF THIS AGREEMENT WITH AN ATTORNEY, omissionUNDERSTANDS THE CONTENTS HEREOF, delayFREELY AND VOLUNTARILY ASSENTS TO ALL THE TERMS AND CONDITIONS HEREOF, or forbearance by any party in exercising such party's rights or remedies under this Release Agreement shall be deemed a waiver of any such rights or remedies or a modification of this Release AgreementAND SIGNS THIS AGREEMENT AS SUCH PARTY’S OWN FREE ACT, AND WITH THE INTENTION OF RELEASING THE OTHER PARTY FROM EACH AND EVERY CLAIM RELATING IN ANY WAY TO EMPLOYEE’S EMPLOYMENT WITH THE COMPANY.

Knowing and Voluntary Release. a. By executing Exxxxxx acknowledges and agrees that: (a) He is the sole owner of the claims that are released in this Release Agreement and that he has the full right and power to grant, execute and deliver the releases and promises in this Agreement; (b) This Agreement covers all claims arising out of his employment, including those that he does not know about; (c) This Agreement is written in a manner that Exxxxxx understands; (d) Exxxxxx is waiving claims under the foregoing laws, including specifically the Age Discrimination in Employment Act, as amended, 29 U.S.C. 621, et. seq.; (e) Except as otherwise provided in this Agreement, you warrant Exxxxxx is waiving and represent releasing only those claims based on acts or omissions or transactions and dealings that you arose prior to the execution of this Agreement; (f) That no representations of any kind have read been made by Arcadia to induce Exxxxxx to execute this Release Agreement, and that the only representations made to Exxxxxx in order to obtain his consent to this Agreement are as stated herein; (g) That he is entering into this Agreement of his own free will and understand without coercion, intimidation or threat of retaliation. He acknowledges and agrees that Arcadia has not exerted undue pressure or influence in this Release Agreement contains regard; (h) That a waiver portion of the consideration offered herein is accepted by him as being in full accord, satisfaction, compromise and release settlement of any and all rights claims or potential claims and claims that you might otherwise have against he expressly agrees that he is not entitled to and shall not receive any further recovery of any kind from Arcadia or its affiliates and that in the Released Partiesevent of any further action, includingcharge, but not limited tocomplaint, claims arbitration or proceeding of age, race, color, sex, gender, national origin, sexual orientation, religious, genetic information, disability, educationany kind in any court, or before any administrative or investigative body or agency (whether public, quasi-public or private) against Arcadia arising out of any act, omission, transaction or occurrence up to and including the effective date, except claims to enforce this Agreement, Arcadia shall have no further monetary or other discriminationobligation of any kind to him, including any obligation for any costs, expenses and attorneys’ fees incurred by him or on his behalf or on behalf of any other person or entity and/or on behalf of or as a member of any alleged class of persons; that you have been given a period of at least twenty-one and (21i) days within which to consider this release of your rights and claims as part of this Release Agreement; that you have Exxxxxx has been advised in writing to consult with an attorney before signing and to have an attorney review this Release Agreement and that you have had an opportunity to do so; that you understand fully the terms, conditions, requirements, and effects of this Release Agreement; and that you execute this Release Agreement freely, knowingly, and voluntarily without threat, duress, coercion, or promise of any consideration in addition to that set forth in this Release Agreement. b. You shall have seven (7) days following your execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement shall not become effective or enforceable until the revocation period has expired. Any such revocation must be communicated in writing, sent via priority overnight courier for delivery the next day to: [______________] Vice-President of Worldwide Human Resources Immucor, Inc. 0000 Xxxxxxx Xxxxx Xxxxxxxx, Xxxxxxx 00000-0000 With a copy to: In the absence of such revocation, this Release Agreement shall become effective and enforceable on the eighth day following your execution of this Release Agreement. d. You and Immucor acknowledge that this Release Agreement contains the entire understanding between the parties with respect to the subject matter hereof, that there is no representation, agreement or obligation regarding the terms of this Release Agreement which is not expressly set forth in this Release Agreement, and that no representation, inducement, promise, or agreement not expressly set forth in the text of this Release Agreement shall be of any force or effect. This Release Agreement shall not be modified or amended in any fashion except by written agreement signed by all parties. No waiver with respect to any portion of this Release Agreement shall apply to any other portion of this Release Agreement, and a waiver on one occasion shall not operate or be construed as a waiver of the same or any other breach on a future occasion, nor shall any waiver operate or be construed as a rescission of this Release Agreement. No course of dealing by any party, nor any failure, omission, delay, or forbearance by any party in exercising such party's rights or remedies under this Release Agreement shall be deemed a waiver of any such rights or remedies or a modification of this Release Agreement.

Knowing and Voluntary Release. a. By Executive agrees that she is signing this Agreement voluntarily and of her own free will, and not because of any threats or duress and that this Agreement is written in a manner which Executive fully understands. Executive acknowledges that by receipt of this Agreement, Employer has advised Executive, in writing, to consult with an attorney prior to executing this Release Agreement, you warrant and represent Executive has, in fact, had an opportunity to do so. Executive hereby acknowledges that you have read Executive is knowingly and voluntarily entering into this Release Agreement with the purpose of waiving and understand releasing the claims discussed in Paragraph 3 of this Agreement, including claims under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this Release Agreement contains a waiver and release of any and all rights and or claims that you might otherwise have against arising under the Released Parties, including, but not limited to, claims of age, race, color, sex, gender, national origin, sexual orientation, religious, genetic information, disability, education, or other discrimination; that you have been ADEA are specifically waived. Executive is hereby given a period of at least twenty-one (21) calendar days within from the date she received a copy of this Agreement during which to consider whether to sign this release of your rights and claims as part of this Release Agreement; . Executive is hereby advised that you have been advised in writing to consult with an attorney before signing this Release Agreement and that you have had an opportunity to do so; that you understand fully the terms, conditions, requirements, and effects of this Release Agreement; and that you execute this Release Agreement freely, knowingly, and voluntarily without threat, duress, coercion, or promise of any consideration in addition to that set forth offer contained in this Release Agreement. b. You shall have Agreement will remain open until midnight on the twenty-first day after the date the offer was delivered to the Executive. If Executive does not deliver it, signed, to Employer, c/o Xxxxx X. Xxxxxxxx, Senior Vice President, General Counsel & Corporate Secretary, 000 Xxxxxx Xxxx Xxxxxxxxx, Xxxxx, Xxxxxxxx 00000, by that date, the offer of consideration contained in this Agreement will be automatically withdrawn. Executive has seven (7) calendar days following your execution after she signs and delivers this Agreement to Employer during which she may revoke it. To revoke it, Executive must deliver a written notice of revocation to Employer, c/o Xxxxx X. Xxxxxxxx, Senior Vice President, General Counsel & Corporate Secretary, 000 Xxxxxx Xxxx Xxxxxxxxx, Xxxxx, Xxxxxxxx 00000, within this Release Agreement in which seven (7)-day period. If Executive does not deliver a written revocation notice to revoke this Release Employer, within seven (7) calendar days after she has submitted the signed Agreement, the Agreement will become final and this Release Agreement shall not become effective or enforceable until the revocation period has expired. Any such revocation must be communicated in writing, sent via priority overnight courier for delivery the next day to: [______________] Vice-President of Worldwide Human Resources Immucor, Inc. 0000 Xxxxxxx Xxxxx Xxxxxxxx, Xxxxxxx 00000-0000 With a copy to: In the absence of such revocation, this Release Agreement shall become effective legally binding on Executive and enforceable on the eighth day following your execution of this Release Agreement. d. You and Immucor acknowledge that this Release Agreement contains the entire understanding between the parties with respect to the subject matter hereof, that there is no representation, agreement or obligation regarding the terms of this Release Agreement which is not expressly set forth in this Release AgreementEmployer, and that no representation, inducement, promise, or agreement not expressly set forth in she will receive the text of this Release Agreement shall be of consideration (“Effective Date”). Employer will cease providing Executive with any force or effect. This Release Agreement shall not be modified or amended in any fashion except by written agreement signed by all parties. No waiver with respect to any portion of this Release Agreement shall apply to any other portion of this Release Agreement, and a waiver on one occasion shall not operate or be construed as a waiver of the same consideration if she does not sign this Agreement or any other breach on a future occasion, nor shall any waiver operate or be construed as a rescission of this Release Agreement. No course of dealing by any party, nor any failure, omission, delay, or forbearance by any party in exercising such party's rights or remedies under this Release if she revokes the Agreement shall be deemed a waiver of any such rights or remedies or a modification of this Release Agreementduring the seven (7) day revocation period.

Knowing and Voluntary Release. a. By executing Xxxxxxx acknowledges and agrees that: (a) He is the sole owner of the claims that are released in this Release Agreement and that he has the full right and power to grant, execute and deliver the releases and promises in this Agreement; (b) This Agreement covers all claims arising out of his employment, including those that he knows about; (c) This Agreement is written in a manner that Xxxxxxx understands; (d) Xxxxxxx is waiving claims under the foregoing laws, including specifically the Age Discrimination in Employment Act, as amended, 29 U.S.C. 621, et. seq.; (e) Except as otherwise provided in this Agreement, you warrant Xxxxxxx is waiving and represent releasing only those claims based on acts or omissions or transactions and dealings that you arose prior to the execution of this Agreement; (f) That no representations of any kind have read been made by Arcadia to induce Xxxxxxx to execute this Release Agreement, and that the only representations made to Xxxxxxx in order to obtain his consent to this Agreement are as stated herein; (g) That he is entering into this Agreement of his own free will and understand without coercion, intimidation or threat of retaliation. He acknowledges and agrees that Arcadia has not exerted undue pressure or influence in this Release Agreement contains regard; (h) That a waiver portion of the consideration offered herein is accepted by him as being in full accord, satisfaction, compromise and release settlement of any and all rights claims or potential claims and claims that you might otherwise have against he expressly agrees that he is not entitled to and shall not receive any further recovery of any kind from Arcadia or its affiliates and that in the Released Partiesevent of any further action, includingcharge, but not limited tocomplaint, claims arbitration or proceeding of age, race, color, sex, gender, national origin, sexual orientation, religious, genetic information, disability, educationany kind in any court, or before any administrative or investigative body or agency (whether public, quasi-public or private) against Arcadia arising out of any act, omission, transaction or occurrence up to and including the effective date, except claims to enforce this Agreement, Arcadia shall have no further monetary or other discriminationobligation of any kind to him, including any obligation for any costs, expenses and attorneys' fees incurred by him or on his behalf or on behalf of any other person or entity and/or on behalf of or as a member of any alleged class of persons; (i) Xxxxxxx has been advised to consult with an attorney and to have an attorney review this Agreement; that you have and (j) Xxxxxxx has been given offered a period of at least twenty-one (21) days within which to consider this release of your rights and claims as part of this Release Agreement; that you have been advised in writing to consult with an attorney before signing this Release Agreement and that you have had an opportunity if he requires additional time to do so; that you understand fully review the termsprovisions herein, conditions, requirements, and effects Arcadia will consider granting a reasonable extension of this Release Agreement; and that you execute this Release Agreement freely, knowingly, and voluntarily without threat, duress, coercion, or promise of any consideration in addition to that set forth in this Release Agreement. b. You shall have seven (7) days following your execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement shall not become effective or enforceable until the revocation period has expired. Any such revocation must be communicated in writing, sent via priority overnight courier for delivery the next day to: [______________] Vice-President of Worldwide Human Resources Immucor, Inc. 0000 Xxxxxxx Xxxxx Xxxxxxxx, Xxxxxxx 00000-0000 With a copy to: In the absence of such revocation, this Release Agreement shall become effective and enforceable on the eighth day following your execution of this Release Agreement. d. You and Immucor acknowledge that this Release Agreement contains the entire understanding between the parties with respect to the subject matter hereof, that there is no representation, agreement or obligation regarding the terms of this Release Agreement which is not expressly set forth in this Release Agreement, and that no representation, inducement, promise, or agreement not expressly set forth in the text of this Release Agreement shall be of any force or effect. This Release Agreement shall not be modified or amended in any fashion except by written agreement signed by all parties. No waiver with respect to any portion of this Release Agreement shall apply to any other portion of this Release Agreement, and a waiver on one occasion shall not operate or be construed as a waiver of the same or any other breach on a future occasion, nor shall any waiver operate or be construed as a rescission of this Release Agreement. No course of dealing by any party, nor any failure, omission, delay, or forbearance by any party in exercising such party's rights or remedies under this Release Agreement shall be deemed a waiver of any such rights or remedies or a modification of this Release Agreement.time;

Knowing and Voluntary Release. a. By executing signing this Release AgreementAgreement and Release, you warrant and represent that you have read acknowledge that: (i) before signing this Release Agreement and understand that this Release Agreement contains a waiver and release of any and all rights and claims that Release, you might otherwise have against the Released Parties, including, but not limited to, claims of age, race, color, sex, gender, national origin, sexual orientation, religious, genetic information, disability, education, or other discrimination; that you have been were given a period of at least twenty-one (21) days within in which to review and consider it; (ii) you have, in fact, carefully reviewed this release Agreement and Release; (iii) you are entering into this Agreement and Release voluntarily and of your rights and claims as part of this Release Agreement; that own free will; (iv) the Company encouraged you have been advised in writing to consult show and discuss this Agreement and Release with an attorney legal counsel before signing this Release Agreement it, and that to the extent you have had an opportunity wished to do so; that , you understand fully have done so; (v) if you executed this Agreement and Release before the termsend of the 21-day period described in subparagraph (i), conditions, requirementssuch early execution was completely voluntary, and effects of you had reasonable and ample time in which to review this Release AgreementAgreement and Release; and that you execute this Release Agreement freely, knowingly, and voluntarily without threat, duress, coercion, and (vi) different or promise of any consideration additional facts may be discovered in addition to that set forth what is now known or believed to be true by you with respect to the matters released in this Agreement and Release, and you agree that this Agreement and Release Agreementshall be and remain in effect in all respects as a complete and final release of the matters released, notwithstanding any different or additional facts. b. You shall have agree that, for a period of seven (7) days following your execution of after you sign this Release Agreement in which and Release, you have the right to revoke this it by providing notice in writing delivered by certified mail, return receipt requested, to [COMPANY CONTACT]. This Agreement and Release Agreement, and this Release Agreement shall will not become effective or enforceable until the revocation period has expired. Any such revocation must be communicated in writing, sent via priority overnight courier for delivery the next day to: [______________] Vice-President of Worldwide Human Resources Immucor, Inc. 0000 Xxxxxxx Xxxxx Xxxxxxxx, Xxxxxxx 00000-0000 With a copy to: In the absence of such revocation, this Release Agreement shall become fully effective and enforceable on until after the eighth expiration of the seven-day following your execution of this Release Agreementrevocation period. d. c. You understand that the expiration of the seven-day period after you sign this Agreement and Immucor acknowledge Release confirms that you did not revoke your assent to this Release Agreement contains the entire understanding between the parties with respect to the subject matter hereofand Release, and, therefore, that there it is no representation, agreement or obligation regarding the terms of this Release Agreement which is not expressly set forth in this Release Agreement, fully effective and that no representation, inducement, promise, or agreement not expressly set forth in the text of this Release Agreement shall be of any force or effect. This Release Agreement shall not be modified or amended in any fashion except by written agreement signed by all parties. No waiver with respect to any portion of this Release Agreement shall apply to any other portion of this Release Agreement, and a waiver on one occasion shall not operate or be construed as a waiver of the same or any other breach on a future occasion, nor shall any waiver operate or be construed as a rescission of this Release Agreement. No course of dealing by any party, nor any failure, omission, delay, or forbearance by any party in exercising such party's rights or remedies under this Release Agreement shall be deemed a waiver of any such rights or remedies or a modification of this Release Agreementenforceable.

Knowing and Voluntary Release. a. By executing this Release Agreement, you warrant and represent that you have read this Release Agreement and understand that this Release Agreement contains a waiver and release of any and all rights and claims that you might otherwise have against the Released Parties, including, but not limited to, claims of age, race, color, sex, gender, national origin, sexual orientation, religious, genetic information, disability, education, or other discrimination; that you have been given a period of at least twenty-one (21) days within which to consider this release of your rights and claims as part of this Release Agreement; that you have been advised in writing to consult with an attorney before signing this Release Agreement and that you have had an opportunity to do so; that you understand fully the terms, conditions, requirements, and effects of this Release Agreement; and that you execute this Release Agreement freely, knowingly, and voluntarily without threat, duress, coercion, or promise of any consideration in addition to that set forth in this Release Agreement. b. You shall have seven (7) days following your execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement shall not become effective or enforceable until the revocation period has expired. Any such revocation must be communicated in writing, sent via priority overnight courier for delivery the next day to: [______________] Xxxxxx X. Xxxxxx Vice-President of Worldwide Human Resources Immucor, Inc. 0000 Xxxxxxx Xxxxx Xxxxxxxx, Xxxxxxx 00000-0000 With a copy to: Allegra X. Xxxxxxxx-Xxxxx, Esq. Xxxxxxxxxx 000 Xxxxxxxxx Xxxxxx, X.X., Xxxxx 0000 Xxxxxxx, XX 00000 In the absence of such revocation, this Release Agreement shall become effective and enforceable on the eighth day following your execution of this Release Agreement. d. c. You and Immucor acknowledge that this Release Agreement contains the entire understanding between the parties with respect to the subject matter hereof, that there is no representation, agreement or obligation regarding the terms of this Release Agreement which is not expressly set forth in this Release Agreement, and that no representation, inducement, promise, or agreement not expressly set forth in the text of this Release Agreement shall be of any force or effect. This Release Agreement shall not be modified or amended in any fashion except by written agreement signed by all parties. No waiver with respect to any portion of this Release Agreement shall apply to any other portion of this Release Agreement, and a waiver on one occasion shall not operate or be construed as a waiver of the same or any other breach on a future occasion, nor shall any waiver operate or be construed as a rescission of this Release Agreement. No course of dealing by any party, nor any failure, omission, delay, or forbearance by any party in exercising such party's rights or remedies under this Release Agreement shall be deemed a waiver of any such rights or remedies or a modification of this Release Agreement.