Review and Consultation; Information Provided to Employee. It is understood and agreed that Employee has entered into and executed this Agreement voluntarily and that such execution by Employee is not based upon any representations or promises of any kind made by the Company or any of its representatives, except as expressly written in this Agreement. Employee further acknowledges that he has read and fully understands each paragraph of this Agreement, that he was advised in writing by the Company to consult with an attorney prior to executing this Agreement, and that he has availed himself of legal or other counsel to the full extent he desires before deciding whether to enter into this binding agreement. Employee also acknowledges that has considered this Agreement to the full extent that he desires. Employee agrees that this Agreement is valid, fair, adequate and reasonable, is with his full knowledge and consent, was not procured through fraud, duress or mistake and has not had the effect of misleading, misinforming or failing to inform him. Employee acknowledges that payments and benefits under this Agreement are not an admission by the Company that it engaged in any wrongful or unlawful act, that it violated any federal or state law or regulation or that it otherwise owes Employee any of the payments or other consideration offered herein. Employee acknowledges that the Company and Employee contemplate an unequivocal, complete and final dissolution of the employment relationship. Employee acknowledges that this Agreement does not create any right on his part to be rehired by the Company and Employee hereby waives any right to future employment by the Company. Finally, Employee agrees and acknowledges that the consideration provided under this Agreement is in addition to any other payments, benefits or other things of value to which he is entitled and that he would not be entitled to any of the consideration provided under this Agreement, in the absence of his acceptance of these terms and execution of this Agreement.
Appears in 2 contracts
Samples: Employment Resignation Agreement and Release (Eagle Broadband Inc), Employment Resignation Agreement and Release (Eagle Broadband Inc)
Review and Consultation; Information Provided to Employee. It is understood and agreed that Employee has entered into and executed this Agreement voluntarily and that such execution by Employee is not based upon any representations or promises of any kind made by the Company or any of its representatives, representatives except as expressly written recited in this Agreement. Employee further acknowledges that he has read and fully understands each paragraph of this Agreement, that he was advised in writing by the Company to consult with an attorney prior to executing this Agreement, and that he has availed himself of legal or other counsel to the full extent that he desires before deciding whether to enter into this binding agreementdesires. Employee also acknowledges that he was advised in writing by the Company that he could take up to forty-five (45) days within which to consider and sign this Agreement and that he has considered this Agreement to the full extent that he desires. Employee agrees that further acknowledges that, prior to or upon the commencement of the forty-five day period, he was provided with the following information in writing:
(a) the names of all employees who were offered and eligible to participate in this Agreement is valid, fair, adequate continuing employment and reasonable, is with his full knowledge separation program;
(b) the eligibility factors for participation in this program;
(c) the time limits applicable to this program;
(d) the job titles and consent, was not procured through fraud, duress or mistake ages of all individuals eligible for and has not had selected to participate in this program; and
(e) the effect ages of misleading, misinforming or failing to inform him. Employee acknowledges that payments and benefits under this Agreement all persons in the same job classification who are not an admission by the Company that it engaged eligible for participation in any wrongful or unlawful act, that it violated any federal or state law or regulation or that it otherwise owes Employee any of the payments or other consideration offered herein. Employee acknowledges that the Company and Employee contemplate an unequivocal, complete and final dissolution of the employment relationship. Employee acknowledges that this Agreement does not create any right on his part to be rehired by the Company and Employee hereby waives any right to future employment by the Companyprogram. Finally, Employee agrees and acknowledges that the consideration provided under this Agreement is in addition to any other payments, benefits or other things of value to which he is entitled and that he would not be entitled to any of the consideration provided under this Agreement, Agreement in the absence of his execution and acceptance of these terms and execution of this Agreement.
Appears in 1 contract
Samples: Continuing Employment and Separation Agreement (Offshore Logistics Inc)
Review and Consultation; Information Provided to Employee. It is understood and agreed that Employee has entered into and executed this Agreement voluntarily and that such execution by Employee is not based upon any representations or promises of any kind made by the Company or any of its representatives, representatives except as expressly written recited in this Agreement. Employee further acknowledges that he has read and fully understands each paragraph of this Agreement, that he was advised in writing by the Company to consult with an attorney prior to executing this Agreement, and that he has availed himself of legal or other counsel to the full extent that he desires before deciding whether to enter into this binding agreementdesires. Employee also acknowledges that he was advised in writing by the Company that he could take up to forty-five (45) days within which to consider and sign this Agreement and that he has considered this Agreement to the full extent that he desires. Employee agrees that this Agreement is valid, fair, adequate and reasonable, is with his full knowledge and consent, was not procured through fraud, duress or mistake and has not had the effect of misleading, misinforming or failing to inform him. Employee further acknowledges that payments prior to or upon the commencement of the forty-five day period, he was provided with the following information in writing:
(a) the names of all employees who were offered and benefits under eligible to participate in this Agreement continuing employment and separation program;
(b) the eligibility factors for participation in this program;
(c) the time limits applicable to this program;
(d) the job titles and ages of all individuals eligible for and selected to participate in this program; and
(e) the ages of all persons in the same job classification who are not an admission by the Company that it engaged eligible for participation in any wrongful or unlawful act, that it violated any federal or state law or regulation or that it otherwise owes Employee any of the payments or other consideration offered herein. Employee acknowledges that the Company and Employee contemplate an unequivocal, complete and final dissolution of the employment relationship. Employee acknowledges that this Agreement does not create any right on his part to be rehired by the Company and Employee hereby waives any right to future employment by the Companyprogram. Finally, Employee agrees and acknowledges that the consideration provided under this Agreement is in addition to any other payments, benefits or other things of value to which he is entitled and that he would not be entitled to any of the consideration provided under this Agreement, Agreement in the absence of his execution and acceptance of these terms and execution of this Agreement.
Appears in 1 contract
Samples: Continuing Employment and Separation Agreement (Tidewater Inc)