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)).

Appears in 2 contracts

Samples: Separation Agreement (Take Two Interactive Software Inc), Separation Agreement (Take Two Interactive Software Inc)

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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.

Appears in 1 contract

Samples: Separation and Release Agreement (First Financial Holdings Inc /De/)

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.

Appears in 1 contract

Samples: Separation and Release Agreement (MRV Communications Inc)

Knowing and Voluntary Waiver. By signing this AgreementGeneral Release, the Executive expressly acknowledges and agrees that: (a) he the Executive has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss the Executive has discussed this Agreement General Release with an attorney of the Executive’s choosing before signing it; (c) he the Executive has been given at least 21 twenty-one (21) calendar days to consider this AgreementGeneral Release; (d) he the Executive has agreed to this Agreement General Release knowingly and voluntarily and was not subjected to any undue influence or duress; (e) he the consideration provided the Executive under the Employment Agreement is sufficient to support the releases provided by the Executive under this General Release; (f) the Executive may revoke his acceptance the Executive’s execution of this Agreement General Release within seven (7) days after he the Executive signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he the Executive executes this AgreementGeneral Release (the “Effective Date”), this Agreement General Release 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 General Release must be submitted, in writing, to Xxxx Force Protection, Inc. 0000 Xxxxxxx 00, Xxxxxxxx Xx. 0, Xxxxxx, Esq.Xxxxx Xxxxxxxx 00000-0000, Executive Vice President and to the attention of the Co-General Counsel, Take-Two Interactive Software, Inc., 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, stating “I hereby revoke my acceptance execution of the AgreementGeneral Release.” The revocation must be personally delivered to Xx. Xxxxxx the General Counsel or mailed to him the General Counsel and postmarked within seven (7) days of the Executive’s execution of the Agreementthis General Release. 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 the Executive does not execute this Agreement General Release or, in the event of revocation, he the Executive will not be entitled to receive any of the amounts payments or benefits under Section 2 the Employment Agreement (other than pursuant to Section 2(cthe Accrued Amounts and the Other Benefits)). The Executive must execute this General Release on or before [•], 20[•].

Appears in 1 contract

Samples: Employment Agreement (Force Protection Inc)

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.

Appears in 1 contract

Samples: Separation and Release Agreement (Pulaski Financial Corp)

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.

Appears in 1 contract

Samples: Separation and Release Agreement (H&r Block Inc)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees recites that: : (a) he has carefully read it In accordance with the Age Discrimination in Employment Act (“ADEA”) and fully understands what it means; the Older Workers Benefit Protection Act (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“OWBPA), 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, Esq29 U.S.C. § 621 et seq., Executive understands that he will have twenty-one (21) days from the Separation Date to consider the terms of this Post-Employment Release, execute it, and return it to UEI (c/o Xxxxxxx X. Xxxxxxxxxx, Xx., Sr. Vice President and General Counsel, Take-Two Interactive Software, Universal Electronics Inc., 000 Xxxxxxxx0 Xxxxx Xxxx Xxxxxx, Xxx XxxxXxxxx 0, Xxx XxxxXxxxxxx Xxxxx, Xxxx 00000, stating “I (tel.) 000.000.0000, xxxxxxxxxxx@xxx.xxx). To the extent that Executive executes this Post-Employment Release prior to the end of this twenty-one (21) day period, Executive hereby revoke my acceptance knowingly and voluntarily waives the remainder of this twenty-one (21) day period. If Executive fails to execute and return this Post-Employment Release to UEI within this twenty-one (21) day period, then (i) this Post-Employment Release will be null and void, (ii) Section 1(d) of the Agreement.” The revocation must Separation Agreement will be personally delivered to Xx. Xxxxxx or mailed to him null and postmarked within seven days void and Executive will not receive the Severance Payment referenced therein, and (iii) the remainder 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 Separation Agreement will be extended to the following day which is not a Saturday, Sunday or legal holiday. The remain in full force and effect. (b) Executive agrees acknowledges that if he timely executes this Post-Employment Release, he shall have seven (7) days from the date he executes this Post-Employment Release to revoke this Post-Employment Release by providing written notice of such revocation by email or overnight courier (via FedEx or UPS) to Xxxxxxx X. Xxxxxxxxxx, Xx., Sr. Vice President and General Counsel, Universal Electronics Inc., 0 Xxxxx Xxxx Xxxxxx, Xxxxx 0, Xxxxxxx Xxxxx, Xxxx 00000, (tel.) 000.000.0000, xxxxxxxxxxx@xxx.xxx. If Executive revokes this Post-Employment Release within seven (7) days from the date Executive executes this Post-Employment Release as provided herein, then then (i) this Post-Employment Release will be null and void, (ii) Section 1(d) of the Separation Agreement will be null and void and Executive will not receive the Severance Payment referenced therein, and (iii) the remainder of the Separation Agreement will remain in full force and effect. If Executive does not execute revoke this Agreement orPost-Employment Release within seven (7) days from the date Executive timely executes this Post-Employment Release as provided herein, in then this Post-Employment Release will become fully binding, effective, irrevocable, and enforceable on the event eighth (8th) calendar day after Executive executes it (the “Post-Employment Release Effective Date”). (c) Executive hereby acknowledges that he (i) has carefully read this Post-Employment Release and understands all of revocation, the terms and conditions of this Post-Employment Release; (ii) is competent to manage his own personal and business affairs; (iii) fully understands the legal and binding effect of this Post-Employment Release; (iv) understands that he will not be entitled to receive is giving up any and all legal Claims Executive otherwise could assert against UEI and/or any of the amounts UEI Entities, including but not limited to any and all Claims under the ADEA and all other laws regarding age discrimination, whether those Claims are presently known or benefits under Section 2 hereafter discovered; (other than pursuant v) has been advised to Section 2(c))consult with an attorney of Executive’s own choosing in connection with his review and execution of this Post-Employment Release; and (vi) has chosen to enter into this Post-Employment Release without coercion, and based upon Executive’s own judgment and free will.

Appears in 1 contract

Samples: Transition and Separation Agreement (Universal Electronics Inc)

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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.

Appears in 1 contract

Samples: Separation and Release Agreement (H&r Block Inc)

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.

Appears in 1 contract

Samples: Separation Agreement (Noble Corp)

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.

Appears in 1 contract

Samples: Separation Agreement (Town Sports International Holdings Inc)

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