Knowing and Voluntary Waiver. You expressly acknowledge and agree that you: (a) are able to read the language, and understand the meaning and effect, of this Agreement; (b) have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement; (c) are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you the Consideration, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever had, and because of your execution of this Agreement; (d) acknowledge that but for your execution of this Agreement, you would not be entitled to the Consideration; (e) had or could have the entire Review Period in which to review and consider this Agreement and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period; (f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement; (g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives; (h) were advised to consult with your attorney regarding the terms and effect of this Agreement; and (i) have signed this Agreement knowingly and voluntarily.
Appears in 5 contracts
Samples: Transition, Separation and Release Agreement (AdaptHealth Corp.), Separation and Release Agreement (Armata Pharmaceuticals, Inc.), Separation and Release Agreement (Innoviva, Inc.)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are Are able to read the language, and understand the meaning and effect, of this AgreementRelease;
(b) have Have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement Release or its terms, and that you are you’re not acting under the influence of any medication, drug drug, or chemical of any type in entering into this AgreementRelease;
(c) are Are specifically agreeing to the terms of the release contained in this Agreement Release because the Company has agreed to provide pay you the Consideration, which the Company has agreed to provide because of Severance Benefits in consideration for your agreement to accept it in full settlement of all possible claims you might have or ever have had, and because of your execution of this AgreementRelease;
(d) acknowledge that Acknowledge that, but for your execution of this AgreementRelease, you would not be entitled to the ConsiderationSeverance Benefits;
(e) had Understand that, by entering into this Release, you do not waive rights or claims under ADEA that may arise after the date you execute this Release;
(f) Had or could have had [twenty-one (21)][forty-five (45)] days from the entire Review Period date of your termination of employment (the “Release Expiration Date”) in which to review and consider this Agreement Release and that if you I execute this Agreement Release prior to the expiration of the Review PeriodRelease Expiration Date, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreementreview period;
(g) have Have not relied upon any representation or statement not set forth in this Release or the Change in Control Severance Agreement made by the Company Group or any of its representatives;
(h) were Were advised to consult with your attorney regarding the terms and effect of this AgreementRelease; and
(i) have Have signed this Agreement Release knowingly and voluntarily.
Appears in 4 contracts
Samples: Change in Control Severance Agreement (Empire State Realty Trust, Inc.), Change in Control Severance Agreement (Empire State Realty OP, L.P.), Severance Agreement (Empire State Realty Trust, Inc.)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are Are able to read the language, and understand the meaning and effect, of this AgreementRelease;
(b) have Have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement Release or its terms, and that you are you’re not acting under the influence of any medication, drug drug, or chemical of any type in entering into this AgreementRelease;
(c) are Are specifically agreeing to the terms of the release contained in this Agreement Release because the Company has agreed to provide pay you the Consideration, which the Company has agreed to provide because of Severance Benefits in consideration for your agreement to accept it in full settlement of all possible claims you might have or ever have had, and because of your execution of this AgreementRelease;
(d) acknowledge that Acknowledge that, but for your execution of this AgreementRelease, you would not be entitled to the ConsiderationSeverance Benefits;
(e) had Understand that, by entering into this Release, you do not waive rights or claims under ADEA that may arise after the date you execute this Release;
(f) Had or could have had [twenty-one (21)][forty-five (45)] days from the entire Review Period date of your termination of employment (the “Release Expiration Date”) in which to review and consider this Agreement Release and that if you I execute this Agreement Release prior to the expiration of the Review PeriodRelease Expiration Date, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreementreview period;
(g) have Have not relied upon any representation or statement not set forth in this Release or the Employment Agreement made by the Company Group or any of its representatives;
(h) were Were advised to consult with your attorney regarding the terms and effect of this AgreementRelease; and
(i) have Have signed this Agreement Release knowingly and voluntarily.
Appears in 3 contracts
Samples: Employment Agreement (Empire State Realty OP, L.P.), Employment Agreement (Empire State Realty OP, L.P.), Employment Agreement (Empire State Realty OP, L.P.)
Knowing and Voluntary Waiver. You expressly I hereby acknowledge and agree that you:
(a) are able to I have read the languageSeparation Agreement and this Release, and understand the meaning and effect, of this Agreement;
(b) the Company has advised me in writing to consult with an attorney of my choosing prior to signing the Separation Agreement and this Release, (c) I understand the provisions of the Separation Agreement and this Release, or to the extent that I have no physical not understood any section, paragraph, sentence, clause, or mental impairment provision, I have taken steps to ensure that it was explained to me to my satisfaction, (d) I am not relying on any representations by any representative of any kind that has interfered with your ability to read and understand the Company concerning the meaning of this any provision of the Separation Agreement or its termsthis Release, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement;
(c) are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you the Consideration, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever had, and because of your execution of this Agreement;
(d) acknowledge that but for your execution of this Agreement, you would not be entitled to the Consideration;
(e) had or could I have entered into the entire Review Period in which to review and consider this Separation Agreement and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were advised to consult with your attorney regarding the terms and effect of this Agreement; and
(i) have signed this Agreement Release knowingly and voluntarily. I UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS RELEASE I AM WAIVING ANY AND ALL RIGHTS OR CLAIMS THAT I MIGHT HAVE ARISING UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT, AS AMENDED BY THE OLDER WORKERS BENEFIT PROTECTION ACT, AND THAT I HAVE RECEIVED CONSIDERATION BEYOND THAT TO WHICH I WAS ENTITLED IN THE ABSENCE OF THIS RELEASE.
Appears in 3 contracts
Samples: Separation Agreement (Analogic Corp), Separation Agreement (Analogic Corp), Separation Agreement (Analogic Corp)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are able to read the language, and understand the meaning and effect, of this Agreement;
(b) have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement;
(c) are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you the Consideration, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever hadhad against the Company Parties, and because of your execution of this Agreement;
(d) acknowledge that but for your execution of this Agreement, you would not be entitled to the Consideration;
(e) had or could have the entire Review Period in which to review and consider this Agreement Agreement, and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were advised to consult with your attorney regarding the terms and effect of this Agreement; and
(i) have signed this Agreement knowingly and voluntarily.
Appears in 2 contracts
Samples: Separation, Consulting and Release Agreement (PharmaCyte Biotech, Inc.), Separation and Release Agreement (Melinta Therapeutics, Inc. /New/)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are Are able to read the language, and understand the meaning and effect, of this Agreement;
(b) have Have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement;
(c) are Are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide pay you the Consideration, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever had, and because of your execution of this Agreement;
(d) acknowledge Acknowledge that but for your execution of this Agreement, you would not be entitled to the Consideration;
(e) had Understand that, by entering into this Agreement, you do not waive rights or claims under ADEA that may arise after the date you execute this Agreement;
(f) Had or could have the entire Review Period in which to review and consider this Agreement Agreement, and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were Were advised to consult with your attorney regarding the terms and effect of this Agreement; and
(ih) have Have signed this Agreement knowingly and voluntarily.
Appears in 2 contracts
Samples: Separation and Release Agreement (Mueller Industries Inc), Separation and Release Agreement (Hampshire Group LTD)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are able to read the language, and understand the meaning and effect, of this Agreement;
(b) have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement;
(c) are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you the Consideration, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever hadhad against the Company Parties, and because of your execution of this Agreement;
(d) acknowledge that that, but for your execution of this Agreement, you would not be entitled to the Consideration;
(e) had or could have the entire Review Period in which to review and consider this Agreement Agreement, and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were are hereby advised to consult with your attorney regarding the terms and effect of this Agreement; and
(i) have signed this Agreement knowingly and voluntarily.
Appears in 2 contracts
Samples: Separation and Release Agreement (Armata Pharmaceuticals, Inc.), Separation and Release Agreement (Armata Pharmaceuticals, Inc.)
Knowing and Voluntary Waiver. You Employee expressly acknowledge acknowledges and agree agrees that youEmployee:
(a) are is able to read the language, and understand the meaning and effect, of this Agreement;
(b) have has no physical or mental impairment of any kind that has interfered with your Employee’s ability to read and understand the meaning of this Agreement or its terms, and that you are Employee is not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement;
(c) are is specifically agreeing to the terms of the waiver and release contained in this Agreement because the Company has agreed to provide you pay Employee the Consideration, which amounts set forth in the Severance Plan. The Company has agreed to provide such amounts because of your agreement Employee’s agreement, among others, to accept it in full settlement of all possible claims you Employee might have or ever had, and because of your Employee’s execution of this Agreement;
(d) acknowledge that but for your execution of understands that, by entering into this Agreement, you would Employee does not be entitled to waive rights or claims under ADEA that may arise after the ConsiderationEffective Date;
(e) had or could have the entire Review Period had forty-five (45) calendar days in which to review and consider this Agreement and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review PeriodAgreement;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were was advised to consult with your Employee’s attorney regarding the terms and effect of this Agreement; and
(ig) have has signed this Agreement knowingly and voluntarily.
Appears in 2 contracts
Samples: General Release and Separation Agreement (Loral Space & Communications Inc.), General Release and Separation Agreement (Loral Space & Communications Inc.)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are Are able to read the language, and understand the meaning and effect, of this Agreement;
(b) have Have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement;
(c) are Are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide pay you the Consideration, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever had, and because of your execution of this Agreement;
(d) acknowledge Acknowledge that but for your execution of this Agreement, you would not be entitled to the Consideration;
(e) had or could have the entire Review Period in which to review and consider this Agreement and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand Understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(gf) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were advised to consult Have consulted with your attorney regarding the terms and effect of this Agreement; and
(ig) have Have signed this Agreement knowingly and voluntarily.
Appears in 1 contract
Samples: Separation, Consulting and Release Agreement (Hampshire Group LTD)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are able to read the language, and understand the meaning and effect, of this Agreement;
(b) have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement;
(c) are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you the ConsiderationSeverance Benefits, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever had, and because of your execution of this Agreement;
(d) acknowledge that but for your execution of this Agreement, you would not be entitled to the ConsiderationSeverance Benefits;
(e) had or could have the entire Review Period in which to review and consider this Agreement Agreement, and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(hg) were advised to consult with your attorney regarding the terms and effect of this Agreement; and
(ih) have signed this Agreement knowingly and voluntarily.
Appears in 1 contract
Samples: Separation and Release Agreement (Healthequity Inc)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are Are able to read the language, and understand the meaning and effect, of this AgreementRelease;
(b) have Have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement Release or its terms, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this AgreementRelease;
(c) are Are specifically agreeing to the terms of the release contained in this Agreement Release because the Company has agreed to provide pay you the Consideration, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever had, and because of your execution of this AgreementRelease;
(d) acknowledge Acknowledge that but for your execution of this AgreementRelease, you would not be entitled to the Consideration;
(e) had Understand that, by entering into this Release, you do not waive rights or claims under ADEA that may arise after the date you execute this Release;
(f) Had or could have the entire Review Period in which to review and consider this Agreement Release, and that if you execute this Agreement Release prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were Were advised to consult with your attorney regarding the terms and effect of this AgreementRelease; and
(ih) have Have signed this Agreement Release knowingly and voluntarily.
Appears in 1 contract
Samples: Transition Agreement (Spheris Inc.)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are able to read the language, and understand the meaning and effect, of this Agreement;
(b) have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug drug, or chemical of any type in entering into this Agreement;
(c) are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you the ConsiderationConsideration and the Equity Treatment, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever had, and because of your execution of this Agreement;
(d) acknowledge that that, but for your execution of this Agreement, you would not be entitled to the ConsiderationConsideration and the Equity Treatment;
(e) had or could have the entire Review Period in which to review and consider this Agreement Agreement, and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were advised to consult with your attorney regarding the terms and effect of this Agreement; and
(i) have signed this Agreement knowingly and voluntarily.
Appears in 1 contract
Samples: Transition, Separation and Release Agreement (AdaptHealth Corp.)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are Are able to read the language, and understand the meaning and effect, of this Agreement;
(b) have Have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement;
(c) are Are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide pay you the Consideration, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever had, and because of your execution of this Agreement;
(d) acknowledge Acknowledge that but for your execution of this Agreement, you would not be entitled to the Considerationconsideration provided in this Agreement;
(e) had Understand that, by entering into this Agreement, you do not waive rights or claims under ADEA that may arise after the date you execute this Agreement;
(f) Had or could have the entire Review Period in which to review and consider this Agreement Agreement, and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any Have consulted with an attorney of its representatives;
(h) were advised to consult with your attorney choosing regarding the terms and effect effects of this Agreement; and
(ih) have Have signed this Agreement knowingly and voluntarily.
Appears in 1 contract
Samples: Separation and Release Agreement (Mueller Industries Inc)
Knowing and Voluntary Waiver. You Employee expressly acknowledge acknowledges and agree agrees that you:he —
(a) are Is able to read the language, and understand the meaning and effect, of this Agreement;
(b) have Has no physical or mental impairment of any kind that has interfered with your his ability to read and understand the meaning of this Agreement or its terms, and that you are he is not acting under the influence of any medication, drug drug, or chemical of any type in entering into this Agreement;
(c) are Is specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you him with the Considerationpayments and benefits provided by this Agreement, which the Company it has agreed to provide him because of your his agreement to accept it them in full settlement of all possible claims you might have or ever had, and because of your execution of this Agreementthat he is releasing hereunder;
(d) acknowledge that Acknowledges that, but for your his timely execution and non-revocation of this AgreementAgreement and the Release Affirmation, you he would not be entitled to the Considerationpayment provided by this Agreement;
(e) had Had or could have had until the entire Review Period Offer Expiration Date in which to review and consider this Agreement Agreement, and that if you execute he executes this Agreement prior to the expiration of the Review PeriodOffer Expiration Date, you have he has voluntarily and knowingly waived the remainder of the Review Periodreview period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were Was advised to consult with your his attorney regarding the terms and effect of this Agreement; and
(ig) have Has signed this Agreement knowingly and voluntarily.
Appears in 1 contract
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are Are able to read the language, and understand the meaning and effect, of this AgreementSecond General Release;
(b) have Have no physical or mental impairment of any kind that has interfered with your ability to read and or understand the meaning of this Agreement Second General Release or its terms, and that you are not acting under the influence of any medication, drug drug, or chemical of any type in entering into this AgreementSecond General Release;
(c) are Are specifically agreeing to the terms of the release contained in this Agreement Second General Release because the Company has agreed to provide you the Considerationpayments and benefits described in the Agreement and because of the Company’s agreement to waive and release you from claims as set forth in Section 2(c) above, which the Company has agreed to provide because of your agreement to accept it these payments and benefits in full settlement of all possible claims you might have or ever hadhad that are released hereunder, and because of your execution of this AgreementSecond General Release;
(d) acknowledge Acknowledge that but for your execution of this AgreementSecond General Release, you would not be entitled to the Considerationpayments or benefits described in the Agreement or the Company’s waiver and release of claims described in Section 2(c) above;
(e) had Had or could have had the entire Second General Release Review Period in which to review and consider this Agreement Second General Release, and that if you execute this Agreement Second General Release prior to the expiration of the Second General Release Review Period, you have voluntarily and knowingly waived the remainder of the Second General Release Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were Were advised to consult with your attorney regarding the terms and effect of this AgreementSecond General Release; and
(ig) have Have signed this Agreement Second General Release knowingly and voluntarily.
Appears in 1 contract
Samples: Separation, Consulting, and Release Agreement (Renaissancere Holdings LTD)
Knowing and Voluntary Waiver. You Executive expressly acknowledge acknowledges and agree agrees that youExecutive:
(a) are Is able to read the language, and understand the meaning and effect, of this Agreement;
(b) have Has no physical or mental impairment of any kind that has interfered with your Executive’s ability to read and understand the meaning of this Agreement or its terms, and that you are Executive is not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement;
(c) are Is specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you the Severance Benefits (the “Consideration”), which the Company has agreed to provide because of your Executive’s agreement to accept it in full settlement of all possible claims you that Executive might have or ever had, and because of your Executive’s execution of this Agreement;
(d) acknowledge Acknowledges that but for your Executive’s execution of this Agreement, you Executive would not be entitled to the Consideration;
(e) had Understands that, by entering into this Agreement, Executive does not waive rights or claims under ADEA that may arise after the date Executive executes this Agreement;
(f) Had or could have the entire Review Period (as defined below) in which to review and consider this Agreement Agreement, and that if you execute Executive executes this Agreement prior to the expiration of the Review Period, you have Executive has voluntarily and knowingly waived the remainder of the Review Period;
Release Period (f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreementas defined below);
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were Was advised to consult with your Executive’s attorney regarding the terms and effect of this Agreement; and
(ih) have Has signed this Agreement knowingly and voluntarily.
Appears in 1 contract
Samples: Transition Agreement (Gardner Denver Holdings, Inc.)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are able to read the language, and understand the meaning and effect, of this Agreement;
(b) have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement;
(c) are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you the Consideration, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever hadhad against the Company Parties, and because of your execution of this Agreement;
(d) acknowledge that but for your execution of this Agreement, you would not be entitled to the Consideration;
(e) had or could have the entire Review Period in which to review and consider this Agreement and the disclosure information provided pursuant to the Older Workers Benefit Protection Act (attached hereto as Exhibit A), and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were advised to consult with your attorney regarding the terms and effect of this Agreement; and
(i) have signed this Agreement knowingly and voluntarily.
Appears in 1 contract
Samples: Separation and Release Agreement (Melinta Therapeutics, Inc. /New/)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are able to read the language, and understand the meaning and effect, of this Agreement;
(b) have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement;
(c) are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you the Consideration, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever had, and because of your execution of this Agreement;
(d) acknowledge that but for your execution of this Agreement, you would not be entitled to the Consideration;
(e) had or could have the entire Review Period in which to review and consider this Agreement Agreement, and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were advised to consult with your attorney regarding the terms and effect of this Agreement; and
(i) have signed this Agreement knowingly and voluntarily.
Appears in 1 contract
Samples: Transition, Separation and Release Agreement (AdaptHealth Corp.)
Knowing and Voluntary Waiver. You Employee expressly acknowledge acknowledges and agree agrees that you:he —
(a) are Is able to read the language, and understand the meaning and effect, of this Agreement;
(b) have Has no physical or mental impairment of any kind that has interfered with your his ability to read and understand the meaning of this Agreement or its terms, and that you are he is not acting under the influence of any medication, drug drug, or chemical of any type in entering into this Agreement;
(c) are Is specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you him with the Considerationseverance payments and benefits provided by this Agreement, which the Company has they have agreed to provide him because of your his agreement to accept it in full settlement of all possible claims you might have or ever had, and because of your execution of this Agreementthat he is releasing hereunder;
(d) acknowledge that Acknowledges that, but for your his timely execution and non-revocation of this AgreementAgreement and the Release Affirmation, you he would not be entitled to the Considerationseverance payment provided by this Agreement;
(e) had Had or could have had until the entire Review Period Offer Expiration Date in which to review and consider this Agreement Agreement, and that if you execute he executes this Agreement prior to the expiration of the Review PeriodOffer Expiration Date, you have he has voluntarily and knowingly waived the remainder of the Review Periodreview period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were Was advised to consult with your his attorney regarding the terms and effect of this Agreement; and
(ig) have Has signed this Agreement knowingly and voluntarily.
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Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are Are able to read the language, and understand the meaning and effect, of this Agreement;
(b) have Have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement;
(c) are Are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you the Severance Payment and the Benefit Continuation (each as set forth on Schedule I attached hereto), the Equity Treatment and such other benefits set forth on Schedule I (collectively, the “Consideration”), which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever had, and because of your execution of this Agreement;
(d) acknowledge Acknowledge that but for your execution of this Agreement, you would not be entitled to the Consideration;
(e) had Understand that, by entering into this Agreement, you do not waive rights or claims under ADEA that may arise after the date you execute this Agreement;
(f) Had or could have the entire Review Period in which to review and consider this Agreement Agreement, and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Release Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were Were advised to consult with your attorney regarding the terms and effect of this Agreement; and
(ih) have Have signed this Agreement knowingly and voluntarily.
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Samples: Transition Agreement (Gardner Denver Holdings, Inc.)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are able to read the language, and understand the meaning and effect, of this Agreement;
(b) have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement;
(c) are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you the Consideration, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever hadhad against the Company Parties, and because of your execution of this Agreement;
(d) acknowledge that but for your execution of this Agreement, you would not be entitled to the Consideration;
(e) had or could have the entire Review Period in which to review and consider this Agreement Agreement, and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were advised to consult with your attorney regarding the terms and effect of this Agreement;
(i) have a full twenty-one (21) days from the date of receipt of this Agreement within which to consider this Agreement; and
(ij) have signed this Agreement knowingly and voluntarily.
Appears in 1 contract
Samples: Separation and Release Agreement (Melinta Therapeutics, Inc. /New/)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are Are able to read the language, and understand the meaning and effect, of this Agreement;
(b) have Have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement;
(c) are Are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to your continued employment during the Transition Period as described in Section 1 above and to provide you the severance payments and benefits (as set forth on Schedule I attached hereto), the Equity Treatment and such other payments and benefits set forth on Schedule I and described in Section 3 above (collectively, the “Consideration”), which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever had, and because of your execution of this Agreement and the Second Release Agreement;
(d) acknowledge Acknowledge that but for your execution of this Agreement and the Second Release Agreement, you would not be entitled to the Consideration;
(e) had Understand that, by entering into this Agreement, you do not waive rights or claims under ADEA that may arise after the date you execute this Agreement;
(f) Had or could have the entire Review Period (as defined below) in which to review and consider this Agreement Agreement, and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were advised to consult Have consulted with your attorney regarding the terms and effect of this Agreement; and
(ih) have Have signed this Agreement knowingly and voluntarily.
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Knowing and Voluntary Waiver. You The Executive expressly acknowledge acknowledges and agree agrees that you:he—
(a) are Is able to read the language, and understand the meaning and effect, of this Agreement;
(b) have Has no physical or mental impairment of any kind that has interfered with your his ability to read and understand the meaning of this Agreement or its terms, and that you are he is not acting under the influence of any medication, drug drug, or chemical of any type in entering into this Agreement;
(c) are specifically Is agreeing to the terms of the release and waiver of claims contained in this Agreement because the Company has agreed to provide you him with the Considerationseverance payments and benefits provided by this Agreement, which the Company has agreed to provide because of your his agreement to accept it in full settlement of all possible claims you that he might have or ever had, and because of your execution of this Agreementhave had that are released hereunder;
(d) acknowledge that Acknowledges that, but for your his execution of this Agreement, you he would not be entitled to the Considerationseverance payments and benefits provided by this Agreement;
(e) had Understands that, by entering into this Agreement, he does not waive rights or claims under ADEA that may arise after the date on which he executes this Agreement;
(f) Had or could have had the entire Review Period in which to review and consider this Agreement Agreement, and that if you execute he executes this Agreement prior to the expiration end of the Review Period, you have he has voluntarily and knowingly waived the remainder of the Review Period;
(fg) understand that, by entering into Has or had the entire Revocation Period in which to revoke his execution of this Agreement, you do and that if he does not waive rights or claims under revoke such execution prior to the ADEA that may arise after the date you execute Effective Date, he has knowingly and voluntarily agreed to this Agreement;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives’s becoming effective;
(h) were Was advised to consult with your his attorney regarding the terms and effect of this Agreement; and
(i) have Has signed this Agreement knowingly and voluntarily.
Appears in 1 contract
Samples: Transition and Release Agreement (CDK Global, Inc.)
Knowing and Voluntary Waiver. You expressly acknowledge and agree that you:
(a) are able to read the language, and understand the meaning and effect, Without detracting in any respect from any other provision of this Agreement;:
a. You, in consideration of the payments and other consideration provided to you as described in Paragraph 2 of this Agreement, agree and acknowledge that this Agreement constitutes a knowing and voluntary waiver of all rights or claims you have or may have against the Company, BGCP, the Cantor Group or any of their Affiliates, as set forth herein, including, but not limited to, all rights or claims arising under the Age Discrimination in Employment Act of 1967, as amended (b) “ADEA”), or relevant equivalent state or local statute, including, but not limited to, all claims of age discrimination in employment and all claims of retaliation in violation of the ADEA or other state or local age discrimination statute; and you have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug medication or mind-altering chemical of any type in entering into this Agreement;.
(c) are specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you the Consideration, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever had, and because of your execution of this Agreement;
(d) acknowledge that but for your execution of this Agreement, you would not be entitled to the Consideration;
(e) had or could have the entire Review Period in which to review and consider this Agreement and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period;
(f) b. You understand that, by entering into this Agreement, you do not waive rights or claims under the ADEA that may arise after the date you execute of your execution of this Agreement;, including, without limitation, any rights or claims that you may have to secure enforcement of the terms and conditions of this Agreement.
(g) have not relied upon any representation or statement not set forth in c. You agree and acknowledge that the consideration provided to you under this Agreement made by the is in addition to anything of value to which you are already entitled.
d. The Company Group or any of its representatives;
(h) were advised hereby advises you to consult with your an attorney prior to executing this Agreement.
e. You acknowledge that you were informed that you had at least twenty-one (21) days in which to review and consider this Agreement and to consult with an attorney regarding the terms and effect of this Agreement; and. You may, in your sole discretion, execute and deliver to the Company this Agreement prior to the expiration of the 21-day period, provided that you do not execute it before the Resignation Date.
f. Nothing in this Agreement shall prevent you (or your attorneys) from (i) have signed commencing an action or proceeding to enforce this Agreement knowingly and voluntarilyor (ii) exercising your right under the Older Workers Benefit Protection Act of 1990 to challenge the validity of your waiver of ADEA claims set forth in Paragraph 4 of this Agreement.
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Knowing and Voluntary Waiver. You Employee expressly acknowledge acknowledges and agree agrees that you:Employee—
(a) are Is able to read the language, and understand the meaning and effect, of this Agreement;
(b) have Has no physical or mental impairment of any kind that has interfered with your Employee’s ability to read and or understand the meaning of this Agreement or its terms, and that you are Employee is not acting under the influence of any medication, drug drug, or chemical of any type in entering into this Agreement;
(c) are Is specifically agreeing to the terms of the release contained in this Agreement because the Company has agreed to provide you Employee with the Consideration, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever had, payments and because of your execution of this Agreementbenefits described herein;
(d) acknowledge Acknowledges that but for your Employee’s execution of this Agreement, you Employee would not be entitled to the Considerationpayments or benefits described herein that are conditioned upon the execution of a release;
(e) had Had or could have had the entire Review Period in which to review and consider this Agreement Agreement, and that if you execute Employee executes this Agreement prior to the expiration of the Review Period, you have Employee has voluntarily and knowingly waived the remainder of the Review Period;
(f) understand that, by entering into Has or had the entire Revocation Period in which to revoke his execution of this Agreement, you do and that if Employee does not waive rights or claims under revoke such execution prior to the ADEA that may arise after the date you execute Effective Date, he has knowingly and voluntarily agreed to this Agreement’s becoming effective;
(g) have not relied upon any representation or statement not set forth in this Agreement made by the Company Group or any of its representatives;
(h) were Was advised to consult with your Employee’s attorney regarding the terms and effect of this Agreement; and
(ih) have Has signed this Agreement knowingly and voluntarily.
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