Common use of Representations by Executive Clause in Contracts

Representations by Executive. Executive acknowledges each of the following: (a) Executive is aware that this Agreement includes a release of all known and unknown claims. (b) Executive is legally competent to execute this Agreement and Executive has not relied on any statements or explanations made by the Employer or its attorneys not otherwise set forth herein. (c) Any modifications, material or otherwise, made to this Agreement shall not restart or affect in any manner the original 21-day consideration period. (d) Executive has been offered at least 21 days to consider this Agreement. (e) Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Agreement, including the Release and Waiver, and to negotiate such terms. (f) Executive, without coercion of any kind, freely, knowingly, and voluntarily enters into this Agreement. (g) Executive has the right to rescind the Release and Waiver by written notice to the Employer within 15 calendar days after Executive has signed this Agreement, and the Release and Waiver shall not become effective or enforceable until 15 calendar days after Executive has signed this Agreement, as evidenced by the date set forth below Executive’s signature on the signature page hereto. Any such rescission must be in writing and delivered by hand, or sent by U.S. Mail within such 15-day period, to the attention of [_______________]. If delivered by U.S. Mail, the rescission must be: (i) postmarked within the 15-day period and (ii) sent by certified mail, return receipt requested. ​

Appears in 8 contracts

Samples: Employment Agreement (Bridgewater Bancshares Inc), Employment Agreement (Bridgewater Bancshares Inc), Employment Agreement (Bridgewater Bancshares Inc)

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Representations by Executive. Executive acknowledges each of the following: (a) Executive is aware that this Agreement includes a release of all known and unknown claims. (b) Executive is legally competent to execute this Agreement and Executive has not relied on any statements or explanations made by the Employer Company or its attorneys not otherwise set forth herein. (c) Any modifications, material or otherwise, made to this Agreement shall not restart or affect in any manner the original 21-day consideration period. (d) Executive has been offered at least 21 days to consider this Agreement. (e) Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Agreement, including the Release and Waiver, and to negotiate such terms. (f) Executive, without coercion of any kind, freely, knowingly, and voluntarily enters into this Agreement. (g) Executive has the right to rescind the Release and Waiver by written notice to the Employer Company within 15 seven (7) calendar days after Executive has signed this Agreement, and the Release and Waiver shall not become effective or enforceable until 15 seven (7) calendar days after Executive has signed this Agreement, as evidenced by the date set forth below Executive’s signature on the signature page hereto. Any such rescission must be in writing and delivered by hand, or sent by U.S. Mail within such 15-day seven (7)-day period, to the attention of [_______________]. If delivered by U.S. Mail, the rescission must be: (i) postmarked within the 15-day seven (7)-day period and (ii) sent by certified mail, return receipt requested. ​.

Appears in 8 contracts

Samples: Employment Agreement (MidWestOne Financial Group, Inc.), Employment Agreement (MidWestOne Financial Group, Inc.), Employment Agreement (MidWestOne Financial Group, Inc.)

Representations by Executive. Executive acknowledges each of the following: (a) Executive is aware that this Agreement includes a release of all known and unknown claims. (b) Executive is legally competent to execute this Agreement and Executive has not relied on any statements or explanations made by the Employer or its attorneys not otherwise set forth herein. (c) Any modifications, material or otherwise, made to this Agreement shall not restart or affect in any manner the original 21-day consideration period. (d) Executive has been offered at least 21 days to consider this Agreement. (e) Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Agreement, including the Release and Waiver, and to negotiate such terms. (f) Executive, without coercion of any kind, freely, knowingly, and voluntarily enters into this Agreement. (g) Executive has the right to rescind the Release and Waiver by written notice to the Employer within 15 calendar days after Executive has signed this Agreement, and the Release and Waiver shall not become effective or enforceable until 15 calendar days after Executive has signed this Agreement, as evidenced by the date set forth below Executive’s signature on the signature page hereto. Any such rescission must be in writing and delivered by hand, or sent by U.S. Mail within such 15-day period, to the attention of [_______________[ ]. If delivered by U.S. Mail, the rescission must be: (i) postmarked within the 15-day period and (ii) sent by certified mail, return receipt requested. ​.

Appears in 6 contracts

Samples: Employment Agreement (Bridgewater Bancshares Inc), Employment Agreement (Bridgewater Bancshares Inc), Employment Agreement (Bridgewater Bancshares Inc)

Representations by Executive. Executive acknowledges each of the following: (a) Executive is aware that this Agreement includes a release of all known and unknown claims. (b) Executive is legally competent to execute this Agreement and Executive has not relied on any statements or explanations made by the Employer or its attorneys not otherwise set forth herein. (c) Any modifications, material or otherwise, made to this Agreement shall not restart or affect in any manner the original 21-day consideration period. (d) Executive has been offered at least 21 days to consider this Agreement. (e) Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Agreement, including the Release and Waiver, and to negotiate such terms. (f) Executive, without coercion of any kind, freely, knowingly, and voluntarily enters into this Agreement. (g) Executive has the right to rescind the Release and Waiver by written notice to the Employer within 15 seven (7) calendar days after Executive has signed this Agreement, and the Release and Waiver shall not become effective or enforceable until 15 seven (7) calendar days after Executive has signed this Agreement, as evidenced by the date set forth below Executive’s signature on the signature page hereto. Any such rescission must be in writing and delivered by hand, or sent by U.S. Mail within such 15-day seven (7)-day period, to the attention of [_______________[ ]. If delivered by U.S. Mail, the rescission must be: (i) postmarked within the 15-day seven (7)-day period and (ii) sent by certified mail, return receipt requested. ​.

Appears in 2 contracts

Samples: Employment Agreement (QCR Holdings Inc), Employment Agreement (QCR Holdings Inc)

Representations by Executive. Executive acknowledges each of the following: (a) Executive is aware that this Agreement includes a release of all known and unknown claims. (b) Executive is legally competent to execute this Agreement and Executive has not relied on any statements or explanations made by the Employer Company or its attorneys not otherwise set forth herein. (c) Any modifications, material or otherwise, made to this Agreement shall not restart or affect in any manner the original 21-day consideration period. (d) Executive has been offered at least 21 days to consider this Agreement. (e) Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Agreement, including the Release and Waiver, and to negotiate such terms. (f) Executive, without coercion of any kind, freely, knowingly, and voluntarily enters into this Agreement. (g) Executive has the right to rescind the Release and Waiver by written notice to the Employer Company within 15 calendar days after Executive has signed this Agreement, and the Release and Waiver shall not become effective or enforceable until 15 calendar days after Executive has signed this Agreement, as evidenced by the date set forth below Executive’s signature on the signature page hereto. Any such rescission must be in writing and delivered by hand, or sent by U.S. Mail within such 15-day period, to the attention of [_______________]. If delivered by U.S. Mail, the rescission must be: (i) postmarked within the 15-day period and (ii) sent by certified mail, return receipt requested. ​.

Appears in 2 contracts

Samples: Employment Agreement (MidWestOne Financial Group, Inc.), Employment Agreement (MidWestOne Financial Group, Inc.)

Representations by Executive. Executive acknowledges each of the following: (a) Executive is aware that this Agreement includes a release of all known and unknown claims. (b) Executive is legally competent to execute this Agreement and Executive has not relied on any statements or explanations made by the Employer or its attorneys not otherwise set forth herein. (c) Any modifications, material or otherwise, made to this Agreement shall not restart or affect in any manner the original 21-day consideration period. (d) Executive has been offered at least 21 days to consider this Agreement. (e) Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Agreement, including the Release and Waiver, and to negotiate such terms. (f) Executive, without coercion of any kind, freely, knowingly, and voluntarily enters into this Agreement. (g) Executive has the right to rescind the Release and Waiver by written notice to the Employer within 15 calendar days after Executive has signed this Agreement, and the Release and Waiver shall not become effective or enforceable until 15 calendar days after Executive has signed this Agreement, as evidenced by the date set forth below Executive’s signature on the signature page hereto. Any such rescission must be in writing and delivered by hand, or sent by U.S. Mail within such 15-day period, to the attention of [_______________]. If delivered by U.S. Mail, the rescission must be: (i) postmarked within the 15-day period and (ii) sent by certified mail, return receipt requested. ​ ‌ Exhibit 10.31

Appears in 1 contract

Samples: Employment Agreement (Bridgewater Bancshares Inc)

Representations by Executive. Executive acknowledges each of the following: (a) Executive is aware that this Agreement includes a release of all known and unknown claims. (b) Executive is legally competent to execute this Agreement and Executive has not relied on any statements or explanations made by the Employer Company or its attorneys not otherwise set forth herein. (c) Any modifications, material or otherwise, made to this Agreement shall not restart or affect in any manner the original 21-day consideration period. (d) Executive has been offered at least 21 days to consider this Agreement. (e) Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Agreement, including the Release and Waiver, and to negotiate such terms. (f) Executive, without coercion of any kind, freely, knowingly, and voluntarily enters into this Agreement. (g) Executive has the right to rescind the Release and Waiver by written notice to the Employer Company within 15 fifteen (15) calendar days after Executive has signed this Agreement, and the Release and Waiver shall not become effective or enforceable until 15 fifteen (15) calendar days after Executive has signed this Agreement, as evidenced by the date set forth below Executive’s signature on the signature page hereto. Any such rescission must be in writing and delivered by hand, or sent by U.S. Mail within such 15-day fifteen (15)-day period, to the attention of [_______________]. If delivered by U.S. Mail, the rescission must be: (i) postmarked within the 15-day fifteen (15)-day period and (ii) sent by certified mail, return receipt requested. ​.

Appears in 1 contract

Samples: Employment Agreement (MidWestOne Financial Group, Inc.)

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Representations by Executive. Executive acknowledges each of the following: (a) Executive is aware that this Agreement includes a release of all known and unknown claims. (bi) Executive is legally competent to execute this Agreement and Executive has not relied on any statements or explanations made by the Employer Company or its attorneys not otherwise set forth herein. (c) Any modifications, material or otherwise, made to this Agreement shall not restart or affect in any manner the original 21-day consideration period. (dii) Executive has been offered at least 21 days to consider this Agreement. (eiii) Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Agreement, including the Release and Waiver, and to negotiate such terms. (fiv) Executive, without coercion of any kind, freely, knowingly, and voluntarily enters into this Agreement. (gv) Executive has the right to rescind the Release and Waiver by written notice to the Employer Company within 15 seven (7) calendar days after Executive has signed this Agreement, and the Release and Waiver this Agreement shall not become effective or enforceable until 15 seven (7) calendar days after Executive has signed this Agreement, as evidenced by the date set forth below Executive’s signature on the signature page heretohereto (the “Effective Date”). Any such rescission must be in writing and delivered by hand, or sent by U.S. Mail within such 157-day period, to the attention of [_______________]First Clover Financial Corp, Inc., 6000 Xxxxxx Xxxx, Xxxxxxxxxxxx, Xxxxxxxx 00000, Attention: Chief Executive Officer. If delivered by U.S. Mail, the rescission must be: (i) postmarked within the 157-day period and (ii) sent by certified mail, return receipt requested. ​.

Appears in 1 contract

Samples: Separation and Release Agreement (First Clover Leaf Financial Corp.)

Representations by Executive. Executive acknowledges each of the following: (a) Executive is aware that this Agreement includes a release of all known and unknown claims. (b) Executive is legally competent to execute this Agreement and Executive has not relied on any statements or explanations made by the Employer or its attorneys not otherwise set forth herein. (c) Any modifications, material or otherwise, made to this Agreement shall not restart or affect in any manner the original 21-day consideration period. (d) Executive has been offered at least 21 days to consider this Agreement. (e) Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Agreement, including the Release and Waiver, and to negotiate such terms. (f) Executive, without coercion of any kind, freely, knowingly, and voluntarily enters into this Agreement. (g) Executive has the right to rescind the Release and Waiver by written notice to the Employer within 15 seven (7) calendar days after Executive has signed this Agreement, and the Release and Waiver shall not become effective or enforceable until 15 seven (7) calendar days after Executive has signed this Agreement, as evidenced by the date set forth below Executive’s signature on the signature page hereto. Any such rescission must be in writing and delivered by hand, or sent by U.S. Mail within such 15-day seven (7)-day period, to the attention of [_______________]. If delivered by U.S. Mail, the rescission must be: (i) postmarked within the 15-day seven (7)-day period and (ii) sent by certified mail, return receipt requested. ​.

Appears in 1 contract

Samples: Employment Agreement (QCR Holdings Inc)

Representations by Executive. Executive acknowledges each of the following: (a) Executive is aware that this Agreement includes a release of all known and unknown claims. (b) Executive is legally competent to execute this Agreement and Executive has not relied on any statements or explanations made by the Employer Company or its attorneys not otherwise set forth herein. (c) Any modifications, material or otherwise, made to this Agreement shall not restart or affect in any manner the original 21-day consideration period. (d) Executive has been offered at least 21 days to consider this Agreement. (e) Executive has been afforded the opportunity to be advised by legal counsel regarding the terms of this Agreement, including the Release and Waiver, and to negotiate such terms. (f) Executive, without coercion of any kind, freely, knowingly, and voluntarily enters into this Agreement. (g) Executive has the right to rescind the Release and Waiver by written notice to the Employer Company within 15 seven (7) calendar days after Executive has signed this Agreement, and the Release and Waiver shall not become effective or enforceable until 15 seven (7) calendar days after Executive has signed this AgreementAgreement (such date, the “Effective Date”), as evidenced by the date set forth below Executive’s signature on the signature page hereto. Any such rescission must be in writing and delivered by hand, or sent by U.S. Mail within such 15-day seven (7)-day period, to the attention of [_______________]MidWestOne Financial Group, Inc., Attn: MidWestOne Bank Senior Vice President and Director of Human Resources, 000 Xxxxx Xxxxxxx Xxxxxx, Xxxx Xxxx, XX 00000. If delivered by U.S. Mail, the rescission must be: (i) postmarked within the 15-day seven (7)-day period and (ii) sent by certified mail, return receipt requested. ​.

Appears in 1 contract

Samples: Release and Waiver of Claims (MidWestOne Financial Group, Inc.)

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