Common use of Knowing and Voluntary Waiver Clause in Contracts

Knowing and Voluntary Waiver. Notwithstanding any other provisions of this Agreement to the contrary: (a) Employee agrees that this Agreement constitutes a knowing and voluntary waiver of all rights or claims Employee may have against the Released Parties. (b) Employee has the right to, and the Company hereby advises Employee to, consult with an attorney prior to executing this Agreement. Employee acknowledges that the Company has given Employee a reasonable period of time of at least 21 days in which to consider this Agreement before executing this Agreement. If Employee executes this Agreement at any time prior to the end of the 21-day period that the Company gave Employee in which to consider this Agreement, such early execution was a knowing and voluntary waiver of Employee’s right to consider this Agreement for 21 days. Employee has a period of seven days following Employee’s execution of this Agreement to revoke this Agreement by providing a letter to [ ], or in [ ]’s absence to [ ]’s office, stating Employee’s intent to revoke this Agreement. The Agreement shall become effective on the eighth day after Employee executes this Agreement, unless Employee revokes it prior to such date. (c) Employee’s acceptance of the Severance Benefits shall constitute an admission by Employee that Employee did not revoke this Agreement during the revocation period of seven days, and shall further constitute an admission by Employee that this Agreement has become effective and enforceable.

Appears in 5 contracts

Samples: Employment Agreement (Quanta Services, Inc.), Employment Agreement (Quanta Services, Inc.), Employment Agreement (Quanta Services, Inc.)

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Knowing and Voluntary Waiver. Notwithstanding any other provisions The Employee acknowledges that, by ---------------------------- the Employee's free and voluntary act of signing below, the Employee agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Employee understands that he may consider whether to agree to the contrary: (a) terms contained herein for a period of twenty-one days after the date hereof. Accordingly, the Employee agrees that may execute this Agreement constitutes a knowing by [________], to acknowledge his understanding of and voluntary waiver of all rights or claims agreement with the foregoing. However, the Termination Payment provided herein will be delayed until this Agreement is executed and returned to Crew. The Employee may have against the Released Parties. (b) Employee acknowledges that he has the right to, and the Company hereby advises Employee to, been advised to consult with an attorney prior to executing this Agreement. Employee acknowledges that the Company has given Employee a reasonable period of time of at least 21 days in which to consider this This Agreement before executing this Agreement. If Employee executes this Agreement at any time prior to the end of the 21-day period that the Company gave Employee in which to consider this Agreementwill become effective, such early execution was a knowing enforceable and voluntary waiver of Employee’s right to consider this Agreement for 21 days. Employee has a period of seven days following Employee’s execution of this Agreement to revoke this Agreement by providing a letter to [ ], or in [ ]’s absence to [ ]’s office, stating Employee’s intent to revoke this Agreement. The Agreement shall become effective irrevocable on the eighth day after the date on which it is executed by the Employee executes this Agreement, unless Employee revokes it (the "Effective Date"). During the seven-day period prior to such date. (c) Employee’s acceptance the Effective Date, the -------------- Employee may revoke his agreement to accept the terms hereof by indicating in writing to Crew his intention to revoke. If the Employee exercises his right to revoke hereunder, he shall forfeit his right to receive any of the Severance Benefits shall constitute an admission by Employee that Employee did not revoke this Agreement during the revocation period of seven daysbenefits provided for herein, and shall further constitute an admission to the extent such payments have already been made, the Employee agrees that he will immediately reimburse Crew for the amounts of such payment. The Employee acknowledges that, by Employee that his free and voluntary act of signing below, he agrees to all of the terms of this Agreement has become effective Release and enforceableintends to be legally bound thereby.

Appears in 1 contract

Samples: Employment Agreement (J Crew Operating Corp)

Knowing and Voluntary Waiver. Notwithstanding any other provisions The Consultant, by his free and voluntary act of this Agreement signing below, (i) acknowledges that he has been given a period of twenty-one (21) days to consider whether to agree to the contrary: terms contained herein, (aii) Employee agrees acknowledges that this Agreement constitutes a knowing and voluntary waiver of all rights or claims Employee may have against the Released Parties. (b) Employee he has the right to, and the Company hereby advises Employee to, been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that he understands that this Agreement specifically releases and waives all rights and claims he may have under the Age Discrimination in Employment Act, as amended (the “ADEA”) prior to the date on which he signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. Employee Furthermore, the Consultant acknowledges that the Company has given Employee a reasonable period of time of at least 21 days payments and benefits provided for in which to consider this Agreement before executing this Agreement. If Employee executes this Agreement at any time prior to the end of the 21-day period that the Company gave Employee in which to consider this Agreement, such early execution was a knowing and voluntary waiver of Employee’s right to consider this Agreement for 21 days. Employee has a period of seven days following Employee’s execution Section 3 of this Agreement to revoke will be delayed until this Agreement by providing a letter to [ ]becomes effective, or in [ ]’s absence to [ ]’s officeenforceable and irrevocable. This Agreement will become effective, stating Employee’s intent to revoke this Agreement. The Agreement shall become effective enforceable and irrevocable on the eighth day after Employee executes this Agreement, unless Employee revokes the date on which it is executed by the Consultant (the “Effective Date”). During the seven-day period prior to such date. (c) Employee’s acceptance the Effective Date, the Consultant may revoke his agreement to accept the terms hereof by indicating in writing to the Company his intention to revoke. If the Consultant exercises his right to revoke hereunder, he shall forfeit his right to receive any of the Severance Benefits shall constitute an admission by Employee that Employee did not revoke this Agreement during the revocation period of seven dayspayments or benefits provided for herein, and to the extent such payments or benefits have already been made, the Consultant shall further constitute an admission by Employee that this Agreement has become effective immediately reimburse the Company for the amounts of such payments and enforceablebenefits.

Appears in 1 contract

Samples: Transition Consulting Services Agreement (Noble Corp)

Knowing and Voluntary Waiver. Notwithstanding any other provisions provision of this Agreement to the contrary: (a) Employee Releasor agrees that this Agreement Release constitutes a knowing and voluntary waiver of all rights or claims Employee Releasor may have against the Released PartiesParties or any of them, as of the date of execution of this Release, except as specifically set forth herein. (b) Employee has Releasor acknowledges that as required by the right toOlder Workers Benefit Protection Act, and the Company hereby advises Employee to, has advised Releasor to consult with an attorney prior to executing this AgreementRelease. Employee Releasor further acknowledges that the Company has given Employee Releasor a reasonable period of time of at least 21 twenty-one (21) days in which to consider this Agreement before executing this AgreementRelease. If Employee executes Releasor executed this Agreement Release at any time prior to the end of the twenty-one (21-) day period that the Company gave Employee Releasor in which to consider this AgreementRelease, such early execution was a knowing and voluntary waiver of EmployeeReleasor’s right to consider this Agreement for 21 at least twenty-one (21) days. Employee has , and was due to Releasor’s belief that Releasor had ample time in which to consider and understand this Release, and in which to review this Release with an attorney. (c) Releasor may revoke this Release by delivering a period of letter, by certified mail, return receipt requested, within seven days following Employeeof Releasor’s execution of this Agreement Agreement, to revoke this Agreement by providing a letter to [ ]Xxxxxxxx X. Xxxxxx, or in [ ]’s absence to [ ]’s officeVice President and General Counsel, stating Employee’s intent to revoke this AgreementGSE Systems, Inc., Suite 200, 0000 Xxxxxxxxxx Xxxxxxxxx, Xxxxxxxxxx XX 00000. The Agreement This Release shall become effective on the eighth (8th) day after Employee Releasor executes this Agreement, Release (the “Effective Date”) unless Employee Releasor revokes it prior to such datethereto as aforestated. (c) Employee’s acceptance of the Severance Benefits shall constitute an admission by Employee that Employee did not revoke this Agreement during the revocation period of seven days, and shall further constitute an admission by Employee that this Agreement has become effective and enforceable.

Appears in 1 contract

Samples: Consulting Agreement (Gse Systems Inc)

Knowing and Voluntary Waiver. Notwithstanding any other provisions The Executive, by the Executive’s free and voluntary act of this Agreement signing below, (i) acknowledges that he has been given a period of twenty-one (21) days to consider whether to agree to the contrary: terms contained herein, (aii) Employee agrees acknowledges that this Agreement constitutes a knowing and voluntary waiver of all rights or claims Employee may have against the Released Parties. (b) Employee he has the right to, and the Company hereby advises Employee to, been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that he understands that this Agreement specifically releases and waives all rights and claims he may have under the ADEA prior to the date on which he signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. Employee Furthermore, the Executive acknowledges that the Company has given Employee a reasonable period of time of at least 21 days payments and benefits provided for in which to consider this Agreement before executing this Agreement. If Employee executes this Agreement at any time prior to the end of the 21-day period that the Company gave Employee in which to consider this Agreement, such early execution was a knowing Sections 2 and voluntary waiver of Employee’s right to consider this Agreement for 21 days. Employee has a period of seven days following Employee’s execution 3 of this Agreement to revoke will be delayed until this Agreement by providing a letter to [ ]becomes effective, or in [ ]’s absence to [ ]’s officeenforceable and irrevocable. This Agreement will become effective, stating Employee’s intent to revoke this Agreement. The Agreement shall become effective enforceable and irrevocable on the eighth day after Employee executes this Agreementthe Effective Date. During the seven-day period prior thereto, unless Employee revokes it prior the Executive may revoke his agreement to such date. accept the terms hereof by indicating in writing to the Company his intention to revoke. If the Executive exercises his right to revoke hereunder, (ci) Employee’s acceptance he shall forfeit his right to receive any of the Severance Benefits shall constitute an admission by Employee that Employee did not revoke this Agreement during the revocation period of seven dayspayments or benefits provided for herein, and to the extent such payments or benefits have already been made, the Executive agrees that he will immediately reimburse the Company for the amounts of such payments and benefits and (ii) the resignation set forth in Section 1 hereof shall further constitute an admission by Employee that this Agreement has become effective survive and enforceableremain in full force and effect.

Appears in 1 contract

Samples: Separation Agreement (Carbo Ceramics Inc)

Knowing and Voluntary Waiver. Notwithstanding any other provisions The Employee acknowledges that, by the Employee’s free and voluntary act of signing below, the Employee agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Employee understands that he may consider whether to agree to the contrary: (a) terms contained herein for a period of twenty-one days after the date hereof. Accordingly, the Employee agrees that may execute this Agreement constitutes a knowing by September [6], 2005, to acknowledge his understanding of and voluntary waiver of all rights or claims agreement with the foregoing. The Termination Payment provided for herein will not commence until the Effective Date as that term is defined directly below. The Employee may have against the Released Parties. (b) Employee acknowledges that he has the right to, and the Company hereby advises Employee to, been advised to consult with an attorney prior to executing this Agreement. Employee acknowledges that the Company has given Employee a reasonable period of time of at least 21 days in which to consider this This Agreement before executing this Agreement. If Employee executes this Agreement at any time prior to the end of the 21-day period that the Company gave Employee in which to consider this Agreementwill become effective, such early execution was a knowing enforceable and voluntary waiver of Employee’s right to consider this Agreement for 21 days. Employee has a period of seven days following Employee’s execution of this Agreement to revoke this Agreement by providing a letter to [ ], or in [ ]’s absence to [ ]’s office, stating Employee’s intent to revoke this Agreement. The Agreement shall become effective irrevocable on the eighth day after the date on which it is executed by the Employee executes (the “Effective Date”). During the seven-day period prior to the Effective Date, the Employee may revoke his agreement to accept the terms hereof by indicating in writing to the Company, in a manner consistent with the Notice provisions provided for in Section 14(e) above, his intention to revoke. If the Employee exercises his right to revoke hereunder, he shall forfeit his right to receive any of the benefits provided for herein, other than the Accrued Obligations, and to the extent such payments have already been made (other than the Accrued Obligations), the Employee agrees that he will immediately reimburse the Company for the amounts of such payments. The Employee acknowledges that, by his free and voluntary act of signing below, he agrees to all of the terms of this Agreement, unless Employee revokes it prior including the General Release and Waiver contained herein and intends to such datebe legally bound thereby. (c) Employee’s acceptance of the Severance Benefits shall constitute an admission by Employee that Employee did not revoke this Agreement during the revocation period of seven days, and shall further constitute an admission by Employee that this Agreement has become effective and enforceable.

Appears in 1 contract

Samples: Separation Agreement (KRATON Polymers U.S. LLC)

Knowing and Voluntary Waiver. Notwithstanding any other provisions The Employee acknowledges that, by the Employee’s free and voluntary act of signing below, the Employee agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Employee understands that he may consider whether to agree to the contrary: (a) terms contained herein for a period of twenty-one days after the date hereof. Accordingly, the Employee agrees that may execute this Agreement constitutes a knowing by October 26, 2006, to acknowledge his understanding of and voluntary waiver of all rights or claims agreement with the foregoing. The Termination Payment provided for herein will not commence until the Effective Date as that term is defined directly below. The Employee may have against the Released Parties. (b) Employee acknowledges that he has the right to, and the Company hereby advises Employee to, consult consulted with an attorney prior to executing this Agreement. Employee acknowledges that the Company has given Employee a reasonable period of time of at least 21 days in which to consider this This Agreement before executing this Agreement. If Employee executes this Agreement at any time prior to the end of the 21-day period that the Company gave Employee in which to consider this Agreementwill become effective, such early execution was a knowing enforceable and voluntary waiver of Employee’s right to consider this Agreement for 21 days. Employee has a period of seven days following Employee’s execution of this Agreement to revoke this Agreement by providing a letter to [ ], or in [ ]’s absence to [ ]’s office, stating Employee’s intent to revoke this Agreement. The Agreement shall become effective irrevocable on the eighth day after the date on which it is executed by the Employee executes (the “Effective Date”). During the seven-day period prior to the Effective Date, the Employee may revoke his agreement to accept the terms hereof by indicating in writing to the Company, in a manner consistent with the Notice provisions provided for in Section 14(e) above, his intention to revoke. If the Employee exercises his right to revoke hereunder, he shall forfeit his right to receive any of the benefits provided for herein, other than the Accrued Obligations, and to the extent such payments have already been made (other than the Accrued Obligations), the Employee agrees that he will immediately reimburse the Company for the amounts of such payments. The Employee acknowledges that, by his free and voluntary act of signing below, he agrees to all of the terms of this Agreement, unless Employee revokes it prior including the General Release and Waiver contained herein and intends to such datebe legally bound thereby. (c) Employee’s acceptance of the Severance Benefits shall constitute an admission by Employee that Employee did not revoke this Agreement during the revocation period of seven days, and shall further constitute an admission by Employee that this Agreement has become effective and enforceable.

Appears in 1 contract

Samples: Separation Agreement (Kraton Polymers LLC)

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Knowing and Voluntary Waiver. Notwithstanding any other provisions The Employee acknowledges that, by the Employee's free and voluntary act of signing below, the Employee agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Employee understands that he may consider whether to agree to the contrary: (a) terms contained herein for a period of twenty-one days after the date hereof. Accordingly, the Employee agrees that may execute this Agreement constitutes a knowing by February 19, 2003, to acknowledge his understanding of and voluntary waiver of all rights or claims agreement with the foregoing. However, the Termination Payment provided herein will be delayed until this Agreement is executed and returned to Crew. The Employee may have against the Released Parties. (b) Employee acknowledges that he has the right to, and the Company hereby advises Employee to, been advised to consult with an attorney prior to executing this Agreement. Employee acknowledges that the Company has given Employee a reasonable period of time of at least 21 days in which to consider this This Agreement before executing this Agreement. If Employee executes this Agreement at any time prior to the end of the 21-day period that the Company gave Employee in which to consider this Agreementwill become effective, such early execution was a knowing enforceable and voluntary waiver of Employee’s right to consider this Agreement for 21 days. Employee has a period of seven days following Employee’s execution of this Agreement to revoke this Agreement by providing a letter to [ ], or in [ ]’s absence to [ ]’s office, stating Employee’s intent to revoke this Agreement. The Agreement shall become effective irrevocable on the eighth day after the date on which it is executed by the Employee executes this Agreement, unless Employee revokes it (the "Effective Date"). During the seven-day period prior to such date. (c) Employee’s acceptance the Effective Date, the Employee may revoke his agreement to accept the terms hereof by indicating in writing to Crew his intention to revoke. If the Employee exercises his right to revoke hereunder, he shall forfeit his right to receive any of the Severance Benefits shall constitute an admission by Employee that Employee did not revoke this Agreement during the revocation period of seven daysbenefits provided for herein, and shall further constitute an admission to the extent such payments have already been made, the Employee agrees that he will immediately reimburse Crew for the amounts of such payment. The Employee acknowledges that, by Employee that his free and voluntary act of signing below, he agrees to all of the terms of this Agreement has become effective Release and enforceableintends to be legally bound thereby.

Appears in 1 contract

Samples: Separation Agreement (J Crew Group Inc)

Knowing and Voluntary Waiver. Notwithstanding any other provisions provision of this Agreement to the contrary: (a) Employee agrees that this Agreement constitutes a knowing and voluntary waiver of all rights or claims Employee may have against the Released Parties.Company Releasees. ​ (b) Employee has the right to, and the The Company hereby advises Employee to, to consult with an attorney attorney, prior to executing this Agreement. Employee acknowledges that the Company has given Employee a reasonable period of time of at least 21 days in which to consider this Agreement before executing this Agreement. If Employee executes this Agreement at any time prior to the end of the 21-day period that the Company gave Employee in which to consider this Agreement, such early execution was a knowing and voluntary waiver of Employee’s right to consider this Agreement for 21 days. Employee has a period of seven days following Employee’s execution of this Agreement to revoke this Agreement by providing a letter to [ ]Xxxx X. Xxxxxx, Vice President, General Counsel of Y-mAbs Therapeutics, Inc. (or in [ ]’s absence to [ ]’s officehis successor), stating Employee’s intent to revoke this Agreement. The Agreement shall become effective on the eighth day after Employee executes this Agreement, unless Employee revokes it prior to such date.thereto as afore-stated (“Effective Date”). ​ (c) Employee’s acceptance of the Severance Benefits payments and/or benefits described in Paragraph 1, 3, 4, and 5 of this Agreement at any time subsequent to seven days after Employee’s execution of this Agreement, shall constitute an admission by Employee that Employee did not revoke this Agreement during the revocation period of seven days, and shall further constitute an admission by Employee that this Agreement has become effective and enforceable.enforceable as of the Effective Date. ​

Appears in 1 contract

Samples: Separation Agreement (Y-mAbs Therapeutics, Inc.)

Knowing and Voluntary Waiver. Notwithstanding any other provisions of Because the arrangements discussed in this Agreement to the contrary: (a) Employee agrees that this Agreement constitutes a knowing affect important rights and voluntary waiver of all rights or claims Employee may have against the Released Parties. (b) Employee has the right toobligations, and the Company hereby advises Employee to, to consult with an attorney prior before he agrees to executing the terms of this Agreement and Employee acknowledges that he has been so advised. Employee acknowledges that the Company provided him with this Agreement on September 17, 2007. Employee is advised that he has up to forty-five (45) days from the date he receives this Agreement within which to consider it, and Employee may take as much of that time as he wishes before signing. If Employee decides to accept this Agreement, he must sign this Agreement and return it to Human Resources Senior Vice President Xxx Xxxxxxx at the Company on or before the expiration of the forty-five (45) days. Employee is advised that if he signs this Agreement, thereby accepting its terms and conditions, Employee will have a period of seven (7) days following the date Employee signs this Agreement to change his mind and revoke this Agreement. If Employee decides to revoke this Agreement, then Employee must deliver written notice of such revocation to Human Resources Senior Vice President Xxx Xxxxxxx at the Company within such 7-day period. This Agreement will not become binding and enforceable until the 7-day revocation period has expired. Employee's employment is being terminated as part of an employment termination program. Employee acknowledges that the Company has given informed Employee a reasonable period of time of at least 21 days in which to consider this Agreement before executing this Agreement. If Employee executes this Agreement at any time prior to the end of the 21-day period that group of individuals covered by the Company gave program, the eligibility factors for the program and the time limits within which Employee may participate in which to consider this Agreement, such early execution was a knowing the program. A list of the job titles and voluntary waiver ages of Employee’s right to consider this Agreement employees who are eligible and who are not eligible for 21 days. Employee has a period of seven days following Employee’s execution the benefits of this Agreement to revoke this Agreement by providing a letter to [ ], or in [ ]’s absence to [ ]’s office, stating program is attached as Exhibit A for Employee’s intent to revoke this Agreement. The Agreement shall become effective on the eighth day after Employee executes this Agreement, unless Employee revokes it prior to such date's review. (c) Employee’s acceptance of the Severance Benefits shall constitute an admission by Employee that Employee did not revoke this Agreement during the revocation period of seven days, and shall further constitute an admission by Employee that this Agreement has become effective and enforceable.

Appears in 1 contract

Samples: Severance Agreement (Steak & Shake Co)

Knowing and Voluntary Waiver. Notwithstanding any other provisions Employee acknowledges that, by Employee’s free and voluntary act of signing below, Employee agrees to all of the terms of this Agreement and intends to be legally bound thereby. Employee understands that he may consider whether to agree to the contrary: (a) terms contained herein for a period of forty-five days. Accordingly, Employee agrees that must execute this Agreement constitutes a knowing by February 24, 2023 to acknowledge his understanding of and voluntary waiver of all rights or claims Employee may have against agreement with the Released Parties. (b) Employee has foregoing. However, the right toSeparation Payment provided herein will in any event be delayed at least until this Agreement becomes effective, enforceable, and irrevocable. Any payments or benefits delayed as a result of this Section 9 (whether they would have otherwise been payable in a single sum or in installments in the Company hereby advises absence of such delay) shall be paid in a lump sum on the first payroll date following the Effective Date. Employee to, acknowledges that he has been advised to consult with an attorney prior to executing this Agreement. Employee acknowledges that the Company has given Employee a reasonable period of time of at least 21 days in which to consider this This Agreement before executing this Agreement. If Employee executes this Agreement at any time prior to the end of the 21-day period that the Company gave Employee in which to consider this Agreementwill become effective, such early execution was a knowing enforceable and voluntary waiver of Employee’s right to consider this Agreement for 21 days. Employee has a period of seven days following Employee’s execution of this Agreement to revoke this Agreement by providing a letter to [ ], or in [ ]’s absence to [ ]’s office, stating Employee’s intent to revoke this Agreement. The Agreement shall become effective irrevocable on the eighth day after the date on which it is executed by Employee executes this Agreement, unless Employee revokes it (the “Effective Date”). During the seven-day period prior to such date. (c) Employee’s acceptance the Effective Date, Employee may revoke his agreement to accept the terms hereof by indicating in writing to Employer his intention to revoke. If Employee exercises the right to revoke hereunder, he shall forfeit his right to receive any of the Severance Benefits shall constitute an admission by Employee that Employee did not revoke this Agreement during the revocation period benefits provided for herein (exclusive of seven daysaccrued obligations), and shall further constitute an admission by to the extent such payments have already been made, Employee agrees that this Agreement has become effective and enforceablehe will immediately reimburse Employer for the amounts of such payment.

Appears in 1 contract

Samples: Executive Separation Agreement (Amergent Hospitality Group Inc.)

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