Common use of Knowing and Voluntary Waiver Clause in Contracts

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss this Agreement with an attorney before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) he may revoke his acceptance of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (f) on the eighth day after he executes this Agreement, this Agreement becomes effective and enforceable. The parties agree that the Executive may revoke this Agreement within seven days after the Executive executes the Agreement. Any revocation within this period must be submitted, in writing, to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, stating “I hereby revoke my acceptance of the Agreement.” The revocation must be personally delivered to Xx. Xxxxxx or mailed to him and postmarked within seven days of the Executive’s execution of the Agreement. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts or benefits under Section 2 (other than pursuant to Section 2(c)).

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided to him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven (7) days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this Agreementexecutes, this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes revocation period (also, the Agreement"Effective Date"). Any revocation within of the Executive's execution of this period Agreement must be submitted, in writing, to Xxxx Xxxxxxthe Company at its main office to the attention of the Chairman of the Board of Directors stating, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, stating “"I hereby revoke my acceptance execution of the Agreement.” " The revocation must be personally delivered to Xx. Xxxxxx the Chairman of the Board of Directors or mailed to him the Chairman of the Board of Directors and postmarked within seven days of the Executive’s 's execution of the this Agreement. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if he does not execute this Agreement orAgreement, or in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))provided hereunder.

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this AgreementAgreement (the “Effective Date”), this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes the Agreementrevocation period. Any revocation within of the Executive’s execution of this period Agreement must be submitted, in writing, to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive SoftwareHRB Management, Inc., 000 XxxxxxxxOne H&R Bxxxx Xxx, Xxx XxxxXxxxxx Xxxx Xxxxxxxx 00000, Xxx Xxxx, 00000to the attention of the General Counsel, stating “I hereby revoke my acceptance execution of the Agreement.” The revocation must be personally delivered to Xx. Xxxxxx the General Counsel or mailed to him the General Counsel and postmarked within seven days of the Executive’s execution of the this Agreement. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))2.

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this AgreementAgreement (the “Effective Date”), this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes the Agreementrevocation period. Any revocation within of the Executive’s execution of this period Agreement must be submitted, in writing, to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive SoftwareMRV Communications, Inc., 000 Xxxxxxxx00000 Xxxxxxxx Xxxxxx, Xxx XxxxChatsworth, Xxx XxxxCalifornia 91311, 00000to the attention of the General Counsel, stating “I hereby revoke my acceptance execution of the Separation and Release Agreement.” The revocation must be personally delivered to Xx. Xxxxxx the General Counsel or mailed to him the General Counsel and postmarked within seven days of the Executive’s execution of the this Agreement. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))2.

Knowing and Voluntary Waiver. By Jxxxxxx, by Jxxxxxx’x free and voluntary act of signing this Agreementbelow, the Executive expressly (i) acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss this Agreement with an attorney before signing it; (c) that he has been given at least 21 calendar a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that he has been advised to consult with an attorney prior to executing this Agreement; , (diii) acknowledges that he has agreed to understands that this Agreement knowingly specifically releases and voluntarily waives all rights and was not subjected to any undue influence or duress; (e) claims he may revoke his acceptance have under the Age Discrimination in Employment Act, as amended prior to the date on which he signs this Agreement, and (iv) agrees to all of the terms of this Agreement within seven days after he signs it by sending written notice and intends to be legally bound thereby. Furthermore, Jxxxxxx acknowledges that the payments and benefits provided for in Paragraph 2 of revocation as set forth below; this Agreement will be delayed until this Agreement becomes effective, enforceable and (f) irrevocable. This Agreement shall become effective, enforceable and irrevocable on the eighth day after he executes this Agreementthe date on which it is executed by Jxxxxxx (the “Effective Date”). During the seven-day period prior to the Effective Date, this Agreement becomes effective and enforceable. The parties agree that the Executive Jxxxxxx may revoke this Agreement within seven days after his agreement to accept the Executive executes the Agreement. Any revocation within this period must be submitted, terms hereof by indicating in writing, writing to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, stating “I hereby revoke my acceptance of the Agreement.” The revocation must be personally delivered Noble his intention to Xx. Xxxxxx or mailed to him and postmarked within seven days of the Executive’s execution of the Agreementrevoke. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended Jxxxxxx exercises his right to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if he does not execute this Agreement or, in the event of revocationrevoke hereunder, he will not be entitled shall forfeit his right to receive any of the amounts payments or benefits under Section 2 (other than pursuant provided for herein, and to Section 2(c))the extent such payments or benefits have already been made, Jxxxxxx agrees that he will immediately reimburse Noble for the amounts of such payments and benefits.

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this AgreementAgreement (the “Effective Date”), this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes the Agreementrevocation period. Any revocation within of the Executive’s execution of this period Agreement must be submitted, in writing, to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive SoftwareHRB Management, Inc., 000 XxxxxxxxOxx X&X Xxxxx Xxx, Xxx XxxxXxxxxx Xxxx Xxxxxxxx 00000, Xxx Xxxx, 00000to the attention of the General Counsel, stating “I hereby revoke my acceptance execution of the Agreement.” The revocation must be personally delivered to Xx. Xxxxxx the General Counsel or mailed to him the General Counsel and postmarked within seven days of the Executive’s execution of the this Agreement. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))2.

Knowing and Voluntary Waiver. By signing this AgreementSupplemental General Release (“Release”), the Executive expressly acknowledges and agrees that: (a) he HRB has carefully read it and fully understands what it meansadvised him to consult with an attorney of his choosing; (b) he is hereby advised has had twenty-one (21) days to consider the waiver of his rights under the Age Discrimination in writing Employment Act of 1967, as amended (“ADEA”) prior to discuss signing this Agreement with an attorney before signing itAgreement; (c) he has been given at least 21 calendar days to consider carefully read this AgreementRelease and know what it means; (d) he has agreed the consideration provided him under this Release is sufficient to support the releases provided by him under this Agreement knowingly Release; and voluntarily and was not subjected to any undue influence or duress; (e) Executive shall have seven (7) days from the date he may signs this Release to revoke his acceptance consent to the waiver of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; his rights under the ADEA in writing addressed and (f) on the eighth day after he executes this Agreementdelivered to Axxx Xxxxxxx, this Agreement becomes effective and enforceable. The parties agree that the Interim Chief Executive may Officer, which action shall revoke this Agreement within seven days after the Executive executes the Agreement. Any revocation within this period must be submitted, in writing, to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, stating “I hereby revoke my acceptance of the Agreement.” The revocation must be personally delivered to Xx. Xxxxxx or mailed to him and postmarked within seven days of the Executive’s execution of the AgreementRelease. If the last day of the revocation period is a SaturdayExecutive revokes this Release, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. The Executive he agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 of the Separation Agreement. If Executive does not revoke his consent, this Agreement will take effect on the day after the end of this revocation period (other than pursuant to Section 2(cthe “Effective Date”)).. EXECUTIVE /s/ Mxxx Xxxx Mxxx Xxxx DATE: 1/29/08

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: that (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss this Agreement with an attorney Attorney before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) he may revoke his acceptance of this Agreement within seven (7) days after he signs it by sending written notice Notice of revocation Revocation as set forth below; and (f) on the eighth day after he executes signs this Agreement, this Agreement becomes effective and enforceable. The parties agree that the Executive may revoke this Agreement within seven (7) days after the Executive executes the Agreement. Any revocation within this period must be submitted, in writing, to Xxxx Rxxxxx X. Xxxxxx, Esq., Executive Vice President and & General Counsel, Take-Two Interactive SoftwareCounsel at Town Sports International, Inc., 000 Xxxxxxxx800 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, XX 00000, stating “I hereby revoke my acceptance of the our Agreement.” The revocation must be personally delivered to XxMx. Xxxxxx or mailed to him and postmarked within seven (7) days of the Executive’s execution of the Agreement. If the last day of the revocation period is a Saturday, Sunday Sunday, or legal holiday, then the revocation period will shall be extended to the following day which is not a Saturday, Sunday Sunday, or legal holiday. The Executive agrees that if he does not execute this the Agreement or, in the event of revocation, he will not be entitled immediately return to receive the Company any of the amounts additional payments or benefits under Section 2 (other than provided to him by the Company pursuant to Section 2(c))this Agreement.

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly Employee acknowledges and agrees that: that (ai) he Employee has carefully read it this Agreement and fully understands what it meansits meaning; (bii) he is hereby advised in writing Employee had the opportunity to discuss take up to twenty-one (21) days after receiving this Agreement to decide whether to sign it; (iii) the Company is herein advising Employee, in writing, to consult with an attorney before signing it; (civ) he has been given at least 21 calendar days to consider Employee is signing this Agreement; (d) he has agreed to this Agreement knowingly , knowingly, voluntarily, and voluntarily and was not subjected to without any undue influence coercion or duress; (ev) he may Employee has been given seven (7) days to revoke his acceptance the ADEA Release following execution of this Agreement within seven days after he signs it by sending written notice of revocation as set forth belowAgreement; and (fvi) on the eighth day after he executes this Agreement, everything Employee is receiving for signing this Agreement becomes effective is described in the Agreement itself, and enforceableno other promises or representations have been made to cause Employee to sign it. The parties agree that the Executive may revoke this Agreement within seven days after the Executive executes the AgreementEMPLOYEE ACKNOWLEDGES THAT EMPLOYEE HAS READ THIS ENTIRE AGREEMENT CAREFULLY, AS THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS (AS ALLOWED BY LAW) WHICH EMPLOYEE MAY HAVE AGAINST THE RELEASED PARTIES, INCLUDING CLAIMS PURSUANT TO THE ADEA. Any revocation within this period must be submittedACCEPTED AND AGREED: ROCKY MOUNTAIN CHOCOLATE FACTORY, in writing, to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., 000 INC. /s/ Fxxxxxxx X. Xxxxx By: /s/ Bxxxx X. Xxxxxxxx FXXXXXXX X. XXXXX Bxxxx X. Xxxxxxxx, Xxx XxxxChief Operating Officer, Xxx XxxxChief Financial Officer, 00000Treasurer Date: March 4, stating “I hereby revoke my acceptance of the Agreement.” The revocation must be personally delivered to Xx. Xxxxxx or mailed to him and postmarked within seven days of the Executive’s execution of the Agreement. If the last day of the revocation period is a Saturday2019 Date: March 4, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts or benefits under Section 2 (other than pursuant to Section 2(c)).2019

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided to him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this Agreementexecutes, this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes revocation period (the Agreement“Effective Date”). Any revocation within of the Executive’s execution of this period Agreement must be submitted, in writing, to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, PFC at its main office to the attention of the Chairman of the Board of Directors stating “I hereby revoke my acceptance execution of the Agreement.” The revocation must be personally delivered to Xx. Xxxxxx the Chairman of the Board of Directors or mailed to him the Chairman of the Board of Directors and postmarked within seven days of the Executive’s execution of the this Agreement. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))2.