Knowing and Voluntary Waiver of Rights Sample Clauses

Knowing and Voluntary Waiver of Rights. Executive understands and acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and the Older Workers Benefit Protection Act (“OWBPA”), and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA and OWBPA, after the Effective Date of this Waiver and Release. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further understands and acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Waiver and Release; (b) he has twenty-one (21) days within which to consider this Waiver and Release; (d) he has seven (7) days following his execution of this Waiver and Release to revoke this Waiver and Release; (e) this Waiver and Release shall not be effective until after the revocation period has expired; and (f) nothing in this Waiver and Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA or OWBPA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Executive signs this Waiver and Release and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Waiver and Release. For any revocation to be effective, Executive understands and agrees that he must notify the Company of the revocation in an express, signed writing delivered to the attention Xxxxx Xxxxxxx, SVP Human Resources at 000 Xxxx Xxxxx Xxxxxx, Xxx Xxxxxxx, XX 00000, within seven (7) days following Executive’s execution of this Waiver and Release.
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Knowing and Voluntary Waiver of Rights. Zirnis acknowledges that she has read, understands, and voluntarily accepts the terms of this Agreement. Zirnis further acknowledges that she has consulted with her attorney before signing this Agreement and that the terms and effect of this Agreement have been explained to her by her attorney. Zirnis acknowledges that the consideration paid under this Agreement is the only consideration for this Agreement and that no other promise, commitment, or representation of any kind has been made to induce her to enter into this Agreement. Zirnis acknowledges and agrees that she has relied solely on her own reading of this Agreement and the advice, if any, given to her by her own attorney. Zirnis agrees that, because the terms of the Agreement are the result of agreement between her counsel and counsel for the Board, any ambiguity in the Agreement is not to be construed against any party.
Sample 1
Knowing and Voluntary Waiver of Rights. Kxx acknowledges that he has read and fully understands all of the provisions of this Agreement, that he fully understands the terms, conditions and significance of this Agreement, that he has had ample time to consider this Agreement, that he has had a full opportunity to review this Agreement with an attorney, and that he has executed this Agreement, voluntarily, knowingly and with such advice from his attorney as he deemed appropriate. DATE: April 7, 2000 XXXXX XX XXXXXXX ) ) SS: COUNTY OF Miami Dade ) Subscribed and sworn to before me by Kxx on April 7, 2008.
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Knowing and Voluntary Waiver of Rights. Executive agrees and acknowledges that they carefully have reviewed, studied, and thought over the terms of this Release, and that all questions concerning this Release have been answered to their satisfaction. Executive further acknowledges and agrees that they have had the opportunity to keep this Release in their possession for at least twenty-one (21) days, and that they have had the opportunity to consider and reflect on the terms of this Release before signing it, that they knowingly and voluntarily entered into and signed this Release after deliberate consideration and review of all of its terms and provisions, that they were not coerced, pressured, or forced in any way by Company or anyone else to accept the terms of this Release, that the decision to accept the terms of this Release was entirely their own, that they were advised in writing to consult with an attorney prior to executing this Release and prior to the Signature Date, and that they have had the opportunity to consult with an attorney concerning this Release. Executive also acknowledges that no promises or inducements to enter into and execute this Release have been offered or made except those that are specifically set out in this Release, and that they were not coerced or forced to enter into and execute this Release.
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Knowing and Voluntary Waiver of Rights. The Parties acknowledge that they have read, understand, and voluntarily accept the terms of this Agreement. The Parties further acknowledge that they have consulted with their respective attorneys before signing this Agreement and that the terms and effect of this Agreement have been explained to them by their respective attorneys. The Parties acknowledge that other than the consideration contained in this Agreement specified above, other promise, commitment, or representation of any kind has been made to induce them to enter into this Agreement. The Parties acknowledge and agree that they have relied solely on their own reading of this Agreement and the advice, if any, given to them by
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Knowing and Voluntary Waiver of Rights. Employee is hereby advised that this Agreement affects his legal rights. Employee acknowledges he has had the opportunity to consult with legal counsel of his choosing prior to executing this Agreement, and has either done so or elected to proceed without counsel. Employee is hereby advised that he is waiving legal rights under the Age Discrimination in Employment Act by executing this Agreement, which Act requires that Employee be advised to consult an attorney prior to executing this Agreement. Employee has 21 days in which to consider this Agreement, but may sign and return it sooner if Employee so elects. This Agreement can be revoked by Employee for seven days after it is executed by employee, by written notice of revocation delivered to the Company's offices. The severance benefits provided for herein are offered individually to employee and are not part of any group program or plan. Severance Agreement and Release - 4
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Related to Knowing and Voluntary Waiver of Rights

  • Waiver of Rights No right conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver is in writing and signed by the party claimed to have waived such right. Neither the State’s review, approval or acceptance of, nor payment for, the services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the Contractor shall be and remain liable to the State in accordance with applicable law for all damages to the State caused by the Contractor’s negligent performance of any of the services furnished under this Contract.

  • Non-Waiver of Rights The omission by either party at any time to enforce any default or right reserved to it, or to require performance of any of the terms, covenants, or provisions hereof by the other party at the time designated, shall not be a waiver of any such default or right to which the party is entitled, nor shall it in any way affect the right of the party to enforce such provisions thereafter.

  • Nonwaiver of Rights No waiver of default by either party of any of the terms, covenants, and conditions hereof to be performed, kept, and observed by the other party shall be construed as, or shall operate as, a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained, to be performed, kept, and observed by the other party.

  • Termination and Waiver of Rights of First Refusal The rights of first refusal established by this Section 4 shall not apply to, and shall terminate upon the earlier of (i) the effective date of the registration statement pertaining to the Company’s Initial Offering or (ii) an Acquisition. Notwithstanding Section 5.5 hereof, the rights of first refusal established by this Section 4 may be amended, or any provision waived with and only with the written consent of the Company and the Major Investors holding a majority of the Registrable Securities held by all Major Investors, or as permitted by Section 5.5.

  • RELEASE AND WAIVER OF LIABILITY YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE BLUE CHIP AND ALL OTHER PERSONS ASSOCIATED WITH THE EVENT, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. BLUE CHIP, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLUE CHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE BLUE CHIP SITES, PRODUCTS OR SERVICES;

  • No Waiver of Rights A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

  • Release of Rights Each of the Seller hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property.

  • No Waiver of Rights, Powers and Remedies No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

  • Limitation of Rights The Option does not confer to the Optionee or the Optionee's personal representative any rights of a shareholder of the Company unless and until shares of Stock are in fact issued to such person in connection with the exercise of the Option. Nothing in this Option Agreement shall interfere with or limit in any way the right of the Company or any Subsidiary to terminate the Optionee's employment at any time, nor confer upon the Optionee any right to continue in the employ of the Company or any Subsidiary.

  • Release and Waiver of Claims (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.

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