Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. Executive acknowledges that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. Executive acknowledges that he has had twenty one (21) days from receipt of this Termination Release to review it prior to signing or that, if Executive is signing this Termination Release prior to the expiration of such 21-day period, Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. Executive has the right to revoke this Termination Release within seven (7) days following the date of its execution by him. However, if Executive revokes this Termination Release within such seven (7) day period, no severance benefit will be payable to him under the Agreement and he shall return to the Company any such payment received prior to that date. EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Date: THIS FINAL RELEASE (“Final Release”) is granted as of by the undersigned (“Executive”) in favor of Consolidated Container Company LLC (“Company”). This is the Final Release referred to in that certain Executive Severance Agreement dated as of January 20, 2004, by and between the Company and Executive (the “Agreement”). Executive gives this Final Release in consideration of the Company’s promises in the Agreement, with respect to which this Final Release is an integral part.
Appears in 4 contracts
Samples: Executive Severance Agreement (Consolidated Container Co LLC), Executive Severance Agreement (Consolidated Container Co LLC), Executive Severance Agreement (Consolidated Container Co LLC)
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. Executive acknowledges that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. Executive acknowledges that he has had twenty one (21) days from receipt of this Termination Release to review it prior to signing or that, if Executive is signing this Termination Release prior to the expiration of such 21-day period, Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by him. However, if Executive revokes this Termination Release within such seven (7) day period, no severance benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT, AND ANY AND ALL OTHER STATE AND FEDERAL LAWS, WHETHER STATUTORY OR COMMON LAW. EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Date: THIS FINAL RELEASE (“Final Release”) is granted as of by the undersigned (“Executive”) in favor of Consolidated Container Company LLC (“Company”). This is the Final Release referred to in that certain Executive Severance Agreement dated as of January 20, 2004, by and between the Company and Executive (the “Agreement”). Executive gives this Final Release in consideration of the Company’s promises in the Agreement, with respect to which this Final Release is an integral part.:
Appears in 2 contracts
Samples: Employment Agreement (Scansource Inc), Employment Agreement (Scansource Inc)
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, the Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that the Executive acknowledges has been advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of 21 calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until seven calendar days after the execution of this Release and that the Executive may revoke this Release within seven calendar days from the date of execution hereof. The Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. The Executive acknowledges that he has had twenty one (21) 21 days from receipt of this Termination Release to review it prior to signing or that, if the Executive is signing this Termination Release prior to the expiration of such 21-day period, the Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. The Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by him. However, if the Executive revokes this Termination Release within such seven (7) seven-day period, no severance post-employment benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. THE EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. THE EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive GXXXX XXXXXXXXX Date: THIS FINAL RELEASE [●], 20[●] You have been granted Restricted Stock (this “Final ReleaseAward”) is granted as on the following terms and subject to the provisions of by Attachment A and the undersigned Long Term Incentive Plan (the “ExecutivePlan”) in favor of Consolidated Container Company LLC Health Insurance Innovations, Inc. (the “Company”). This is the Final Release referred to Unless defined in that certain Executive Severance Agreement dated as of January 20this Award (including Attachment A, 2004, by and between the Company and Executive (the this “Agreement”), capitalized terms will have the meanings assigned to them in the Plan. Executive gives this Final Release in consideration In the event of a conflict among the provisions of the Company’s promises in Plan, this Agreement and any descriptive materials provided to you, the Agreement, with respect to which this Final Release is an integral part.provisions of the Plan will prevail. Participant Gxxxx X. Xxxxxxxxx
Appears in 1 contract
Samples: Employment Agreement (Health Insurance Innovations, Inc.)
Release of Claims Under Age Discrimination in Employment Act. Without ------------------------------------------------------------ limiting the generality of the foregoing, Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § (S) 621, et seq. It is understood -- --- that Executive acknowledges is advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of twenty-one (21) calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until seven (7) calendar days after the execution of this Release and that Executive may revoke this Release within seven (7) calendar days from the date of execution hereof. Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. Executive acknowledges that he has had twenty one (21) days from receipt of this Termination Release to review it prior to signing or that, if Executive is signing this Termination Release prior to the expiration of such 21-day period, Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by him. However, if Executive revokes this Termination Release within such seven (7) day period, no severance benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. EXECUTIVE EMPLOYEE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY CORPORATION UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. EXECUTIVE EMPLOYEE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY CORPORATION FROM ALL SUCH CLAIMS. ______________________ Executive Date: THIS FINAL RELEASE (“Final Release”) is granted as of by the undersigned (“Executive”) in favor of Consolidated Container Company LLC (“Company”). This is the Final Release referred to in that certain Executive Severance Agreement dated as of January 20, 2004, by and between the Company and Executive (the “Agreement”). Executive gives this Final Release in consideration of the Company’s promises in the Agreement, with respect to which this Final Release is an integral part._______________ Exhibit C Competitive Services Companies
Appears in 1 contract
Samples: Employment Agreement (Mapics Inc)
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. Executive acknowledges that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. Executive acknowledges that he has had twenty one (21) days from receipt of this Termination Release to review it prior to signing or that, if Executive is signing this Termination Release prior to the expiration of such 21-day period, Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. Executive has the right to revoke this Termination Release within seven (7) days following the date of its execution by him. However, if Executive revokes this Termination Release within such seven (7) day period, no severance benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY AND ITS AFFILIATES UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY AND ITS AFFILIATES FROM ALL SUCH CLAIMS. Executive Date: THIS FINAL RELEASE (“Final Release”) is granted as of by the undersigned (“Executive”) in favor of Consolidated Container Company LLC (“Company”). This is the Final Release referred to in that certain Executive Severance Agreement dated as of January 20, 2004, by and between the Company and Executive (the “Agreement”). Executive gives this Final Release in consideration of the Company’s promises in the Agreement, with respect to which this Final Release is an integral part.
Appears in 1 contract
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, Executive agrees that by executing this Termination Release, he she has released and waived any and all claims he she has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. Executive acknowledges that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. Executive agrees that he she has carefully read this Termination Release and is signing it voluntarily. Executive acknowledges that he she has had twenty one (21) days from receipt of this Termination Release to review it prior to signing or that, if Executive is signing this Termination Release prior to the expiration of such 21-day period, Executive is waiving his her right to review the Termination Release for such full 21-day period prior to signing it. Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by himher. However, if Executive revokes this Termination Release within such seven (7) day period, no severance benefit will be payable to him her under the Employment Agreement and he she shall return to the Company any such payment received prior to that date. EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT, AND ANY AND ALL OTHER STATE AND FEDERAL LAWS, WHETHER STATUTORY OR COMMON LAW. EXECUTIVE ACKNOWLEDGES THAT HE SHE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS HER EXECUTION OF THIS TERMINATION RELEASE AND THAT HE SHE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Date: THIS FINAL RELEASE (“Final Release”) is granted as of by the undersigned (“Executive”) in favor of Consolidated Container Company LLC (“Company”). This is the Final Release referred to in that certain Executive Severance Agreement dated as of January 20, 2004, by and between the Company and Executive (the “Agreement”). Executive gives this Final Release in consideration of the Company’s promises in the Agreement, with respect to which this Final Release is an integral part.:
Appears in 1 contract
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, the Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that the Executive acknowledges has been advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of 21 calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until the expiration of seven days after his execution of this Release and that the Executive may revoke this Release within seven days from the date of his execution hereof. The Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. The Executive acknowledges that he has had twenty one (21) 21 days from receipt of this Termination Release to review it prior to signing or that, if the Executive is signing this Termination Release prior to the expiration of such 21-day period, the Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. The Executive has the right to revoke this Termination Release within seven (7) days following the date of its execution by him. However, if the Executive revokes this Termination Release within such seven (7) seven-day period, no severance benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. THE EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. THE EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Date: THIS FINAL RELEASE (“Final Release”) is granted as of by the undersigned (“Executive”) in favor of Consolidated Container Company LLC (“Company”). This is the Final Release referred to in that certain Executive Severance Agreement dated as of January 20, 2004, by and between the Company and Executive (the “Agreement”). Executive gives this Final Release in consideration Section 2870 of the Company’s promises in the Agreement, with respect to which this Final Release is an integral part.California Labor Code provides:
Appears in 1 contract
Samples: Merger Agreement (Health Insurance Innovations, Inc.)
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, the Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that the Executive acknowledges has been advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of 21 calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until seven calendar days after the execution of this Release and that the Executive may revoke this Release within seven calendar days from the date of execution hereof. The Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. The Executive acknowledges that he has had twenty one (21) 21 days from receipt of this Termination Release to review it prior to signing or that, if the Executive is signing this Termination Release prior to the expiration of such 21-day period, the Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. The Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by him. However, if the Executive revokes this Termination Release within such seven (7) seven-day period, no severance post-employment benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. THE EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. THE EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive GXXXX XXXXXXXXX Date: THIS FINAL RELEASE [●], 20[●] You have been granted Stock Appreciation Rights (this “Final ReleaseAward”) is granted on the following terms and subject to the provisions of Attachment A and the Long Term Incentive Plan, as amended (the “Plan”), of by Health Insurance Innovations, Inc. (the undersigned (“Executive”) in favor of Consolidated Container Company LLC (“Company”). This is the Final Release referred to Unless defined in that certain Executive Severance Agreement dated as of January 20this Award (including Attachment A, 2004, by and between the Company and Executive (the this “Agreement”), capitalized terms will have the meanings assigned to them in the Plan. Executive gives this Final Release in consideration In the event of a conflict among the provisions of the Company’s promises Plan, this Agreement and any descriptive materials provided to you, the provisions of the Plan will prevail. Participant Gxxxx X. Xxxxxxxxx Number of Stock Appreciation Rights 100,000 (each a “SAR”) Exercise Price per SAR $10.30 Grant Date November 15, 2016 Expiration Date November 15, 2023, subject to earlier termination under Section 2(d) of Attachment A. (subject to Section 2(c) and Section 2(d) of Attachment A) Vesting Subject to Section 2(c) and Section 2(d) of Attachment A, the SARs shall vest and become non-forfeitable in four tranches, on the following dates in the Agreementfollowing amounts: November 15, with respect to which this Final Release is an integral part.2017: 25,000 November 15, 2018: 25,000 November 15, 2019: 25,000 November 15, 2020: 25,000
Appears in 1 contract
Samples: Employment Agreement (Health Insurance Innovations, Inc.)
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, the Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that the Executive acknowledges has been advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of 21 calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until seven calendar days after the execution of this Release and that the Executive may revoke this Release within seven calendar days from the date of execution hereof. The Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. The Executive acknowledges that he has had twenty one (21) 21 days from receipt of this Termination Release to review it prior to signing or that, if the Executive is signing this Termination Release prior to the expiration of such 21-day period, the Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. The Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by him. However, if the Executive revokes this Termination Release within such seven (7) seven-day period, no severance benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. THE EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. THE EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Name of Executive: Xxxx X. Xxxxxxxxxx Date: THIS FINAL RELEASE [—], 20[—] You have been granted Restricted Stock (this “Final ReleaseAward”) is granted as on the following terms and subject to the provisions of by Attachment A and the undersigned Long Term Incentive Plan (the “ExecutivePlan”) in favor of Consolidated Container Company LLC Health Insurance Innovations, Inc. (the “Company”). This is the Final Release referred to Unless defined in that certain Executive Severance Agreement dated as of January 20this Award (including Attachment A, 2004, by and between the Company and Executive (the this “Agreement”), capitalized terms will have the meanings assigned to them in the Plan. Executive gives this Final Release in consideration In the event of a conflict among the provisions of the Company’s promises Plan, this Agreement and any descriptive materials provided to you, the provisions of the Plan will prevail. Participant Xxxx X. Xxxxxxxxxx Number of Shares Underlying Award 150,000 Shares (to the extent not vested as of any applicable date, the “Restricted Shares”) Grant Date September 2, 2014 Vesting Schedule (subject to Section 3 of Attachment A) Vesting Subject to Section 3 of Attachment A, the Restricted Shares shall vest and become non-forfeitable in four tranches, on the following dates in the Agreementfollowing amounts: September 2, with respect to which this Final Release is an integral part.2015: 30,000 September 2, 2016: 30,000 September 2, 2017: 30,000 September 2, 2018: 60,000
Appears in 1 contract
Samples: Employment Agreement (Health Insurance Innovations, Inc.)
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that Executive acknowledges is advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of twenty-one (21) calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until seven (7) calendar days after the execution of this Release and that Executive may revoke this Release within seven (7) calendar days from the date of execution hereof. Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. Executive acknowledges that he has had twenty one (21) days from receipt of this Termination Release to review it prior to signing or that, if Executive is signing this Termination Release prior to the expiration of such 21-day period, Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by him. However, if Executive revokes this Termination Release within such seven (7) day period, no severance benefit will be payable to him under the Employment Agreement and he shall will return to the Company any such payment received prior to that date. EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Date: THIS FINAL RELEASE (“Final Release”) is granted as of by the undersigned (“Executive”) in favor of Consolidated Container Company LLC (“Company”). This is the Final Release referred to in that certain Executive Severance Agreement dated as of January 20, 2004, by and between the Company and Executive (the “Agreement”). Executive gives this Final Release in consideration of the Company’s promises in the Agreement, with respect to which this Final Release is an integral part.
Appears in 1 contract
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, the Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that the Executive acknowledges has been advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of 21 calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until seven calendar days after the execution of this Release and that the Executive may revoke this Release within seven calendar days from the date of execution hereof. The Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. The Executive acknowledges that he has had twenty one (21) 21 days from receipt of this Termination Release to review it prior to signing or that, if the Executive is signing this Termination Release prior to the expiration of such 21-day period, the Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. The Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by him. However, if the Executive revokes this Termination Release within such seven (7) seven-day period, no severance benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. THE EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. THE EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Name of Executive: Xxxxxxx X. Xxxxxxxxxxx Date: THIS FINAL RELEASE [●], 20[●] Exhibit B HEALTH INSURANCE INNOVATIONS, INC. LONG TERM INCENTIVE PLAN Stock Appreciation Rights Award Agreement You have been granted Stock Appreciation Rights (this “Final ReleaseAward”) is granted as on the following terms and subject to the provisions of by Attachment A and the undersigned Long Term Incentive Plan (the “ExecutivePlan”) in favor of Consolidated Container Company LLC Health Insurance Innovations, Inc. (the “Company”). This is the Final Release referred to Unless defined in that certain Executive Severance Agreement dated as of January 20this Award (including Attachment A, 2004, by and between the Company and Executive (the this “Agreement”), capitalized terms will have the meanings assigned to them in the Plan. Executive gives this Final Release in consideration In the event of a conflict among the provisions of the Company’s promises Plan, this Agreement and any descriptive materials provided to you, the provisions of the Plan will prevail. Participant Xxxxxxx X. Xxxxxxxxxxx Number of Stock Appreciation Rights 30,000 (each a “SAR”) Exercise Price per SAR $4.99 Grant Date September 16, 2015 Expiration Date September 16, 2022, subject to earlier termination under Section 2(d) of Attachment A. Vesting Schedule (subject to Section 2(c) and Section 2(d) of Attachment A) Vesting Subject to Section 2(c) and Section 2(d) of Attachment A, the SARs shall vest and become non-forfeitable in three tranches, on the following dates in the Agreementfollowing amounts: September 16, with respect to which this Final Release is an integral part.2016: 7,500 September 16, 2017: 7,500 September 16, 2018: 15,000 Attachment A Stock Appreciation Rights Award Agreement Terms and Conditions
Appears in 1 contract
Samples: Employment Agreement
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that Executive acknowledges is advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of twenty-one (21) calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until seven (7) calendar days after the execution of this Release and that Executive may revoke this Release within seven (7) calendar days from the date of execution hereof. Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. Executive acknowledges that he has had twenty one (21) days from receipt of this Termination Release to review it prior to signing or that, if Executive is signing this Termination Release prior to the expiration of such 21-day period, Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by him. However, if Executive revokes this Termination Release within such seven (7) day period, no severance benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT, AND ANY AND ALL OTHER STATE AND FEDERAL LAWS, WHETHER STATUTORY OR COMMON LAW. EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Date: THIS FINAL RELEASE (“Final Release”) is granted as of by the undersigned (“Executive”) in favor of Consolidated Container Company LLC (“Company”). This is the Final Release referred to in that certain Executive Severance Agreement dated as of January 20, 2004, by and between the Company and Executive (the “Agreement”). Executive gives this Final Release in consideration of the Company’s promises in the Agreement, with respect to which this Final Release is an integral part.:
Appears in 1 contract
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, the Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that the Executive acknowledges has been advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of 21 calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until seven calendar days after the execution of this Release and that the Executive may revoke this Release within seven calendar days from the date of execution hereof. The Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. The Executive acknowledges that he has had twenty one (21) 21 days from receipt of this Termination Release to review it prior to signing or that, if the Executive is signing this Termination Release prior to the expiration of such 21-day period, the Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. The Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by him. However, if the Executive revokes this Termination Release within such seven (7) seven-day period, no severance post-employment benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. THE EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. THE EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive GXXXX XXXXXXXXX Date: THIS FINAL RELEASE [●], 20[●] You have been granted Stock Appreciation Rights (this “Final ReleaseAward”) is granted on the following terms and subject to the provisions of Attachment A and the Long Term Incentive Plan, as amended (the “Plan”), of by Health Insurance Innovations, Inc. (the undersigned (“Executive”) in favor of Consolidated Container Company LLC (“Company”). This is the Final Release referred to Unless defined in that certain Executive Severance Agreement dated as of January 20this Award (including Attachment A, 2004, by and between the Company and Executive (the this “Agreement”), capitalized terms will have the meanings assigned to them in the Plan. Executive gives this Final Release in consideration In the event of a conflict among the provisions of the Company’s promises Plan, this Agreement and any descriptive materials provided to you, the provisions of the Plan will prevail. Participant Gxxxx X. Xxxxxxxxx Number of Stock Appreciation Rights 33,333 (each a “SAR”) Exercise Price per SAR $[______] Grant Date [______], 2016 Expiration Date [______], 2023, subject to earlier termination under Section 2(d) of Attachment A. (subject to Section 2(c) and Section 2(d) of Attachment A) Vesting Subject to Section 2(c) and Section 2(d) of Attachment A, the SARs shall vest and become non-forfeitable in three tranches, on the following dates in the Agreementfollowing amounts: [______], with respect to which this Final Release is an integral part.2017: 8,333 [______], 2018: 8,333 [______], 2019: 16,667
Appears in 1 contract
Samples: Employment Agreement (Health Insurance Innovations, Inc.)
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, the Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that the Executive acknowledges has been advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of 21 calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until the expiration of seven days after his execution of this Release and that the Executive may revoke this Release within seven days from the date of his execution hereof. The Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. The Executive acknowledges that he has had twenty one (21) 21 days from receipt of this Termination Release to review it prior to signing or that, if the Executive is signing this Termination Release prior to the expiration of such 21-day period, the Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. The Executive has the right to revoke this Termination Release within seven (7) days following the date of its execution by him. However, if the Executive revokes this Termination Release within such seven (7) seven-day period, no severance benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. THE EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. THE EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Date: THIS FINAL RELEASE Section 2870 of the California Labor Code provides:
(a) Any provision in an employment agreement which provides that an employee shall assign or offer to assign any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either: (1) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; (2) Result from any work performed by the employee for the employer.
(b) To the extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of this state and is unenforceable. You have been granted Stock Appreciation Rights (this “Final ReleaseAward”) is granted as on the following terms and subject to the provisions of by Attachment A and the undersigned Long Term Incentive Plan (the “ExecutivePlan”) in favor of Consolidated Container Company LLC Health Insurance Innovations, Inc. (the “Company”). This is the Final Release referred to Unless defined in that certain Executive Severance this Award Agreement dated as of January 20(including Attachment A, 2004, by and between the Company and Executive (the this “Agreement”), capitalized terms will have the meanings assigned to them in the Plan. Executive gives this Final Release in consideration In the event of a conflict among the provisions of the Company’s promises Plan, this Agreement and any descriptive materials provided to you, the provisions of the Plan will prevail. Participant Xxxxx Xxxxxxx Number of Stock Appreciation Rights 10,000 (each a “SAR”) Exercise Price per SAR $[closing price on Closing Date] Grant Date July 14, 2014 Expiration Date July 14, 2021, subject to earlier termination under Section 2(d)(iii) of Attachment A. (subject to Section 2(c) and Section 2(d) of Attachment A) Vesting Subject to Section 2(c) and Section 2(d) of Attachment A, the SARs shall vest and become non-forfeitable in four tranches, on the following dates in the Agreementfollowing amounts: July 14, with respect to which this Final Release is an integral part.2015: 2,000 July 14, 2016: 2,000 July 14, 2017: 2,000 July 14, 2018: 4,000
Appears in 1 contract
Samples: Employment Agreement (Health Insurance Innovations, Inc.)
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, the Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that the Executive acknowledges has been advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of 21 calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until seven calendar days after the execution of this Release and that the Executive may revoke this Release within seven calendar days from the date of execution hereof. The Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. The Executive acknowledges that he has had twenty one (21) 21 days from receipt of this Termination Release to review it prior to signing or that, if the Executive is signing this Termination Release prior to the expiration of such 21-day period, the Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. The Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by him. However, if the Executive revokes this Termination Release within such seven (7) seven-day period, no severance post-employment benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. THE EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. THE EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive EXXX X. XXXXXXX Date: THIS FINAL RELEASE [●], 20[●] You have been granted Restricted Stock (this “Final ReleaseAward”) is granted as on the following terms and subject to the provisions of by Attachment A and the undersigned Long Term Incentive Plan (the “ExecutivePlan”) in favor of Consolidated Container Company LLC Health Insurance Innovations, Inc. (the “Company”). This is the Final Release referred to Unless defined in that certain Executive Severance Agreement dated as of January 20this Award (including Attachment A, 2004, by and between the Company and Executive (the this “Agreement”), capitalized terms will have the meanings assigned to them in the Plan. Executive gives this Final Release in consideration In the event of a conflict among the provisions of the Company’s promises Plan, this Agreement and any descriptive materials provided to you, the provisions of the Plan will prevail. Participant Exxx X. Xxxxxxx Number of Shares Underlying Award 30,000 Shares (to the extent not vested as of any applicable date, the “Restricted Shares”) Grant Date November [___], 2019 Vesting Subject to Section 3 of Attachment A, the Restricted Shares shall vest and become non-forfeitable in four tranches, on the following dates in the Agreementfollowing amounts: November [__], with respect to which this Final Release is an integral part.2020: 7,500 November [__], 2021: 7,500 November [__], 2022: 7,500 November [__], 2023: 7,500
Appears in 1 contract
Samples: Employment Agreement (Health Insurance Innovations, Inc.)
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, Executive agrees that by executing this Termination Release, he she has released and waived any and all claims he she has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that Executive acknowledges is advised to consult with an attorney prior to executing this Release; that she in fact has consulted a knowledgeable, competent attorney regarding this Release; that she may, before executing this Release, consider this Release for a period of twenty-one (21) calendar days; and that the consideration he she receives for this Termination Release is in addition to amounts to which he she was already entitled. It is further understood that this Release is not effective until seven (7) calendar days after the execution of this Release and that Executive may revoke this Release within seven (7) calendar days from the date of execution hereof. Executive agrees that he she has carefully read this Termination Release and is signing it voluntarily. Executive acknowledges that he she has had twenty one (21) days from receipt of this Termination Release to review it prior to signing or that, if Executive is signing this Termination Release prior to the expiration of such 21-day period, Executive is waiving his her right to review the Termination Release for such full 21-day period prior to signing it. Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by himher. However, if Executive revokes this Termination Release within such seven (7) day period, no severance benefit will be payable to him her under the Employment Agreement and he shall she will return to the Company any such payment received prior to that date. EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. EXECUTIVE ACKNOWLEDGES THAT HE SHE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS HER CHOOSING CONCERNING HIS HER EXECUTION OF THIS TERMINATION RELEASE AND THAT HE SHE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Date: THIS FINAL RELEASE (“Final Release”) is granted as of by the undersigned (“Executive”) in favor of Consolidated Container Company LLC (“Company”). This is the Final Release referred to in that certain Executive Severance Agreement dated as of January 20, 2004, by and between the Company and Executive (the “Agreement”). Executive gives this Final Release in consideration of the Company’s promises in the Agreement, with respect to which this Final Release is an integral part.
Appears in 1 contract
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, Executive the Employee agrees that by executing this Termination ReleaseAgreement, he has released and waived any and all claims he has or may have as of the date of this Termination Release Agreement for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. Executive acknowledges It is understood that the Employee is advised to consult with an attorney prior to executing this Agreement; that he in fact has consulted a knowledgeable, competent attorney regarding this Agreement; that he may, before executing this Agreement, consider this Agreement for a period of twenty-one (21) calendar days; and that the consideration he receives for this Termination Release Agreement is in addition to amounts to which he was already entitled. Executive It is further understood that this Agreement is not effective until seven (7) calendar days after the execution of this Agreement and that the Employee may revoke this Agreement within seven (7) calendar days from the date of execution hereof. The Employee agrees that he has carefully read this Termination Release Agreement and is signing it voluntarily. Executive The Employee acknowledges that he has had twenty twenty-one (21) days from receipt of this Termination Release Agreement to review it prior to signing or that, if Executive the Employee is signing this Termination Release Agreement prior to the expiration of such 21-day period, Executive the Employee is waiving his right to review the Termination Release Agreement for such full 21-day period prior to signing it. Executive The Employee has the right to revoke this Termination Release Agreement within seven (7) days following the date of its execution by him. However, if Executive the Employee revokes this Termination Release Agreement within such seven (7) day period, no severance benefit benefits will be payable to him under the this Agreement and he shall return to the Company any such payment received prior to that date. EXECUTIVE THE EMPLOYEE HAS CAREFULLY READ THIS TERMINATION RELEASE AGREEMENT AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. EXECUTIVE THE EMPLOYEE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AGREEMENT AND THAT HE IS SIGNING THIS TERMINATION RELEASE AGREEMENT VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Date: THIS FINAL RELEASE (“Final Release”) is granted as of by the undersigned (“Executive”) in favor of Consolidated Container Company LLC (“Company”). This is the Final Release referred to in that certain Executive Severance Agreement dated as of January 20, 2004, by and between the Company and Executive (the “Agreement”). Executive gives this Final Release in consideration of the Company’s promises in the Agreement, with respect to which this Final Release is an integral part.
Appears in 1 contract
Samples: Separation Agreement (Premiere Global Services, Inc.)
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, the Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that the Executive acknowledges has been advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of 21 calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until seven calendar days after the execution of this Release and that the Executive may revoke this Release within seven calendar days from the date of execution hereof. The Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. The Executive acknowledges that he has had twenty one (21) 21 days from receipt of this Termination Release to review it prior to signing or that, if the Executive is signing this Termination Release prior to the expiration of such 21-21- day period, the Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. The Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by him. However, if the Executive revokes this Termination Release within such seven (7) seven-day period, no severance benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. THE EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. THE EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Name: Xxxxxxx X. Xxxxxxxx Date: THIS FINAL RELEASE You have been granted Stock Appreciation Rights (this “Final ReleaseAward”) is granted as on the following terms and subject to the provisions of by Attachment A and the undersigned Long Term Incentive Plan (the “ExecutivePlan”) in favor of Consolidated Container Company LLC Health Insurance Innovations, Inc. (the “Company”). This is the Final Release referred to Unless defined in that certain Executive Severance Agreement dated as of January 20this Award (including Attachment A, 2004, by and between the Company and Executive (the this “Agreement”), capitalized terms will have the meanings assigned to them in the Plan. Executive gives this Final Release in consideration In the event of a conflict among the provisions of the Company’s promises Plan, this Agreement and any descriptive materials provided to you, the provisions of the Plan will prevail. Participant [●] Number of Stock Appreciation Rights [●] (each a “SAR”) Exercise Price per SAR $[●]1 Grant Date [●] Expiration Date [●], subject to earlier termination under Section 2(d) of Attachment A. Vesting Schedule (subject to Section 2(c) and Section 2(d) of Attachment A) Vesting Subject to Section 2(c) and Section 2(d) of Attachment A, the SARs shall vest and become non-forfeitable in three tranches, on the following dates in the Agreement, with respect to which this Final Release is an integral part.following amounts: [●]: # [●]: # [●]: # 1 NTD: Will be the closing price on grant date. Grant to: [●]
Appears in 1 contract
Samples: Employment Agreement (Health Insurance Innovations, Inc.)
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, the Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that the Executive acknowledges has been advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of 21 calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until the expiration of seven days after his execution of this Release and that the Executive may revoke this Release within seven days from the date of his execution hereof. The Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. The Executive acknowledges that he has had twenty one (21) 21 days from receipt of this Termination Release to review it prior to signing or that, if the Executive is signing this Termination Release prior to the expiration of such 21-day period, the Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. The Executive has the right to revoke this Termination Release within seven (7) days following the date of its execution by him. However, if the Executive revokes this Termination Release within such seven (7) seven-day period, no severance benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. THE EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. THE EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Date: THIS FINAL RELEASE Section 2870 of the California Labor Code provides:
(a) Any provision in an employment agreement which provides that an employee shall assign or offer to assign any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either: (1) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; (2) Result from any work performed by the employee for the employer.
(b) To the extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of this state and is unenforceable. You have been granted Stock Appreciation Rights (this “Final ReleaseAward”) is granted as on the following terms and subject to the provisions of by Attachment A and the undersigned Long Term Incentive Plan (the “ExecutivePlan”) in favor of Consolidated Container Company LLC Health Insurance Innovations, Inc. (the “Company”). This is the Final Release referred to Unless defined in that certain Executive Severance this Award Agreement dated as of January 20(including Attachment A, 2004, by and between the Company and Executive (the this “Agreement”), capitalized terms will have the meanings assigned to them in the Plan. Executive gives this Final Release in consideration In the event of a conflict among the provisions of the Company’s promises in Plan, this Agreement and any descriptive materials provided to you, the Agreement, with respect to which this Final Release is an integral partprovisions of the Plan will prevail.
Appears in 1 contract
Samples: Employment Agreement (Health Insurance Innovations, Inc.)
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that Executive acknowledges is advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of twenty-one (21) calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until seven (7) calendar days after the execution of this Release and that Executive may revoke this Release within seven (7) calendar days from the date of execution hereof. Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. Executive acknowledges that he has had twenty one (21) days from receipt of this Termination Release to review it prior to signing or that, if Executive is signing this Termination Release prior to the expiration of such 21-day period, Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. Executive has the right to revoke this Termination Release within seven (7) days following the date of its execution by him. However, if Executive revokes this Termination Release within such seven (7) day period, no severance benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY AND ITS AFFILIATES UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY AND ITS AFFILIATES FROM ALL SUCH CLAIMS. Executive Date: THIS FINAL RELEASE (“Final Release”) is granted as of by the undersigned (“Executive”) in favor of Consolidated Container Company LLC (“Company”). This is the Final Release referred to in that certain Executive Severance Agreement dated as of January 20, 2004, by and between the Company and Executive (the “Agreement”). Executive gives this Final Release in consideration of the Company’s promises in the Agreement, with respect to which this Final Release is an integral part.
Appears in 1 contract
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, the Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that the Executive acknowledges has been advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of 21 calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until seven calendar days after the execution of this Release and that the Executive may revoke this Release within seven calendar days from the date of execution hereof. The Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. The Executive acknowledges that he has had twenty one (21) 21 days from receipt of this Termination Release to review it prior to signing or that, if the Executive is signing this Termination Release prior to the expiration of such 21-day period, the Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. The Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by him. However, if the Executive revokes this Termination Release within such seven (7) seven-day period, no severance benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. THE EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. THE EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Name of Executive: Xxxxxxx X. Xxxxxxxxxxx Date: THIS FINAL RELEASE [●], 20[●] Exhibit B You have been granted Stock Appreciation Rights (this “Final ReleaseAward”) is granted as on the following terms and subject to the provisions of by Attachment A and the undersigned Long Term Incentive Plan (the “ExecutivePlan”) in favor of Consolidated Container Company LLC Health Insurance Innovations, Inc. (the “Company”). This is the Final Release referred to Unless defined in that certain Executive Severance Agreement dated as of January 20this Award (including Attachment A, 2004, by and between the Company and Executive (the this “Agreement”), capitalized terms will have the meanings assigned to them in the Plan. Executive gives this Final Release in consideration In the event of a conflict among the provisions of the Company’s promises Plan, this Agreement and any descriptive materials provided to you, the provisions of the Plan will prevail. Participant Xxxxxxx X. Xxxxxxxxxxx Number of Stock Appreciation Rights 30,000 (each a “SAR”) Exercise Price per SAR $4.99 Grant Date September 16, 2015 Expiration Date September 16, 2022, subject to earlier termination under Section 2(d) of Attachment A. (subject to Section 2(c) and Section 2(d) of Attachment A) Vesting Subject to Section 2(c) and Section 2(d) of Attachment A, the SARs shall vest and become non-forfeitable in three tranches, on the following dates in the Agreementfollowing amounts: September 16, with respect to which this Final Release is an integral part.2016: 7,500 September 16, 2017: 7,500 September 16, 2018: 15,000
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Samples: Employment Agreement (Health Insurance Innovations, Inc.)
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, the Executive agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that the Executive acknowledges has been advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of 21 calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. It is further understood that this Release is not effective until seven calendar days after the execution of this Release and that the Executive may revoke this Release within seven calendar days from the date of execution hereof. The Executive agrees that he has carefully read this Termination Release and is signing it voluntarily. The Executive acknowledges that he has had twenty one (21) 21 days from receipt of this Termination Release to review it prior to signing or that, if the Executive is signing this Termination Release prior to the expiration of such 21-day period, the Executive is waiving his right to review the Termination Release for such full 21-day period prior to signing it. The Executive has the right to revoke this Termination Release release within seven (7) days following the date of its execution by him. However, if the Executive revokes this Termination Release within such seven (7) seven-day period, no severance benefit will be payable to him under the Employment Agreement and he shall return to the Company any such payment received prior to that date. THE EXECUTIVE HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. THE EXECUTIVE ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Name of Executive: Xxxxxxx X. XxXxxxx Date: THIS FINAL RELEASE [●], 20[●] You have been granted Stock Appreciation Rights (this “Final ReleaseAward”) is granted as on the following terms and subject to the provisions of by Attachment A and the undersigned Long Term Incentive Plan (the “ExecutivePlan”) in favor of Consolidated Container Company LLC Health Insurance Innovations, Inc. (the “Company”). This is the Final Release referred to Unless defined in that certain Executive Severance Agreement dated as of January 20this Award (including Attachment A, 2004, by and between the Company and Executive (the this “Agreement”), capitalized terms will have the meanings assigned to them in the Plan. Executive gives this Final Release in consideration In the event of a conflict among the provisions of the Company’s promises Plan, this Agreement and any descriptive materials provided to you, the provisions of the Plan will prevail. Participant Xxxxxxx X. XxXxxxx Number of Stock Appreciation Rights 300,000 (each a “SAR”) Exercise Price per SAR $4.72 Grant Date June 8, 2015 Expiration Date June 8, 2022, subject to earlier termination under Section 2(d) of Attachment A. (subject to Section 2(c) and Section 2(d) of Attachment A) Vesting Subject to Section 2(c) and Section 2(d) of Attachment A, the SARs shall vest and become non-forfeitable in three tranches, on the following dates in the Agreementfollowing amounts: June 8, with respect to which this Final Release is an integral part.2016: 75,000 June 8, 2017: 75,000 June 8, 2018: 150,000
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Samples: Employment Agreement (Health Insurance Innovations, Inc.)
Release of Claims Under Age Discrimination in Employment Act. Without limiting the generality of the foregoing, Executive Xxxxxxx agrees that by executing this Termination Release, he has released and waived any and all claims he has or may have as of the date of this Termination Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § ss. 621, et seq. Executive acknowledges It is understood that Xxxxxxx is advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of twenty-one (21) calendar days; and that the consideration he receives for this Termination Release is in addition to amounts to which he was already entitled. Executive It is further understood that this Release is not effective until seven (7) calendar days after the execution of this Release and that Xxxxxxx may revoke this Release within seven (7) calendar days from the date of execution hereof. Xxxxxxx agrees that he has carefully read this Termination Release and is signing it voluntarily. Executive Xxxxxxx acknowledges that he has had twenty twenty-one (21) days from receipt of this Termination Release to review it prior to signing or that, if Executive Xxxxxxx is signing this Termination Release prior to the expiration of such 21-day period, Executive Xxxxxxx is waiving his right to review the Termination Release Agreement for such full 21-day period prior to signing it. Executive Xxxxxxx has the right to revoke this Termination Release within seven (7) days following the date of its execution by him. However, if Executive Xxxxxxx revokes this Termination Release within such seven (7) day period, no severance benefit benefits will be payable to him under Section 2 of the Separation Agreement and he shall return to the Company Wolverine any such payment received prior to that date. EXECUTIVE XXXXXXX HAS CAREFULLY READ THIS TERMINATION RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY WOLVERINE UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. EXECUTIVE XXXXXXX ACKNOWLEDGES THAT HE HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF HIS CHOOSING CONCERNING HIS EXECUTION OF THIS TERMINATION RELEASE AND THAT HE IS SIGNING THIS TERMINATION RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY WOLVERINE FROM ALL SUCH CLAIMS. Executive Date: THIS FINAL RELEASE (“Final Release”) is granted as of by the undersigned (“Executive”) in favor of Consolidated Container Company LLC (“Company”). This is the Final Release referred to in that certain Executive Severance Agreement dated as of January 20, 2004, by and between the Company and Executive (the “Agreement”). Executive gives this Final Release in consideration of the Company’s promises in the Agreement, with respect to which this Final Release is an integral part.
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Samples: Preferred Stock Purchase Agreement (Alpine Group Inc /De/)