Common use of Voluntary Execution of Agreement Clause in Contracts

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 108 contracts

Samples: Severance Agreement, Settlement Agreement, Transition Agreement and Release

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Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 92 contracts

Samples: Management Retention Agreement, Severance Agreement (Aerohive Networks, Inc), Employment Agreement (Rambus Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been had the opportunity of being represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 41 contracts

Samples: Severance Agreement (eHealth, Inc.), Severance Agreement (eHealth, Inc.), Severance Agreement (eHealth, Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, negotiation and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 41 contracts

Samples: Change of Control Severance Agreement (Pinnacle Systems Inc), Management Retention Agreement (3PAR Inc.), Change of Control Severance Agreement (Pinnacle Systems Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties heretoparties to this Agreement, with the full intent of releasing all claims. The Parties parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 40 contracts

Samples: Change of Control Agreement (Juniper Networks Inc), Severance Agreement (Juniper Networks Inc), Change of Control Agreement

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They they have read this Agreement; (b) They they have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They they understand the terms and consequences of this Agreement and of the releases it contains; and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 36 contracts

Samples: Separation and Settlement Agreement (Relmada Therapeutics, Inc.), Transition and Separation Agreement (Rigel Pharmaceuticals Inc), Separation and Release of Claims Agreement (Td Ameritrade Holding Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties heretoparties. Each of the parties hereby acknowledges, with represents and warrants that (i) it has read and fully understood this Agreement and the full intent of releasing all claims. The Parties acknowledge that: implications and consequences thereof; (aii) They have read this Agreement; (b) They have it has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their its own choice choice, or that they have voluntarily declined it has made a voluntary and informed decision to decline to seek such counsel; ; and (ciii) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are is fully aware of the legal and binding effect of this Agreement.

Appears in 34 contracts

Samples: Merger Agreement (Spyre Therapeutics, Inc.), Merger Agreement (Aeglea BioTherapeutics, Inc.), Merger Agreement (Graphite Bio, Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They they have read this Agreement; (b) They they have been represented in the preparation, negotiation, negotiation and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They they understand the terms and consequences of this Agreement and of the releases it contains; and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 28 contracts

Samples: Change of Control Severance Agreement, Change of Control Severance Agreement (XOMA Corp), Change of Control Severance Agreement (XOMA Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties heretoparties. Each of the parties hereby acknowledges, with the full intent of releasing all claims. The Parties acknowledge that: represents and warrants that (a) They have it has read and fully understood this Agreement; Agreement and the implications and consequences thereof; (b) They have it has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their its own choice choice, or that they have voluntarily declined it has made a voluntary and informed decision to decline to seek such counsel; ; and (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are is fully aware of the legal and binding effect of this Agreement.

Appears in 23 contracts

Samples: Share Exchange Agreement (Virios Therapeutics, Inc.), Share Exchange Agreement (Virios Therapeutics, Inc.), Merger Agreement (Reneo Pharmaceuticals, Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims, and without any duress or undue influence by any of the Parties. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 22 contracts

Samples: Transition Agreement (Vishay Intertechnology Inc), Retirement Agreement (Orasure Technologies Inc), Employment Agreement (Gartner Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto, with the full intent of releasing all claims. The Parties parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, negotiation and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 13 contracts

Samples: Agreement and Mutual Release (Sina Corp), Settlement Agreement (Sync Research Inc), Resignation Agreement (Igo Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counselchoice; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 12 contracts

Samples: Separation Agreement (Renovis Inc), Settlement Agreement (Genesis Microchip Inc /De), Separation Agreement (Genesis Microchip Inc /De)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties. Each of the Parties heretohereby acknowledges, with represents and warrants that (i) it has read and fully understood this Agreement and the full intent of releasing all claims. The Parties acknowledge that: implications and consequences thereof; (aii) They have read this Agreement; (b) They have it has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their its own choice choice, or that they have voluntarily declined it has made a voluntary and informed decision to decline to seek such counsel; ; and (ciii) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are is fully aware of the legal and binding effect of this Agreement.

Appears in 12 contracts

Samples: Voting and Support Agreement (Great Ajax Corp.), Support Agreement (Dgse Companies Inc), Support Agreement (Superior Galleries Inc)

Voluntary Execution of Agreement. This Agreement is executed -------------------------------- voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 11 contracts

Samples: Executive Retention Agreement (Telcom Semiconductor Inc), Employment Agreement (Hewlett Packard Co), Executive Retention Agreement (Telcom Semiconductor Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been had the opportunity of being represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 9 contracts

Samples: Change of Control and Retention Agreement (Jive Software, Inc.), Change of Control and Retention Agreement (Jive Software, Inc.), Change of Control and Retention Agreement (Jive Software, Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) a. They have read this Agreement; (b) b. They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) ; They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this the Agreement.

Appears in 8 contracts

Samples: Separation Agreement (Diversey Holdings, Inc.), Separation Agreement (Diversey Holdings, Inc.), Separation Agreement (Diversey Holdings, Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties heretoParties, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 7 contracts

Samples: Transition Agreement (Actel Corp), Separation Agreement (Lantronix Inc), Separation Agreement (Lantronix Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement; and (e) Each signatory to this Agreement below represents that he/she has the requisite authority and has been duly authorized by his/her respective corporation to execute this Agreement.

Appears in 7 contracts

Samples: Settlement Agreement (Point of Care Nano-Technology, Inc.), Conversion Agreement (Gopher Protocol Inc.), Funding Agreement (Forex International Trading Corp.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto. Each of the parties hereto acknowledges, with represents and warrants that (i) it has read and fully understood this Agreement and the full intent of releasing all claims. The Parties acknowledge that: implications and consequences thereof; (aii) They have read this Agreement; (b) They have it has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their its own choice choice, or that they have voluntarily declined it has made a voluntary and informed decision to decline to seek such counsel; ; and (ciii) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are is fully aware of the legal and binding effect of this Agreement.

Appears in 6 contracts

Samples: Escrow Agreement (Dgse Companies Inc), Merger Agreement (Dgse Companies Inc), Merger Agreement (Superior Galleries Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto, with the full intent of releasing all claims. The Parties parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 5 contracts

Samples: Severance Agreement (Aerohive Networks, Inc), Severance Agreement (Flynn David K.), Severance Agreement (Aerohive Networks, Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases release it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 4 contracts

Samples: Separation Agreement (Cafepress Inc.), Separation Agreement (Callidus Software Inc), Separation Agreement (Callidus Software Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) a. They have read this Agreement; (b) b. They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) c. They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) d. They are fully aware of the legal and binding effect of this Agreement.

Appears in 4 contracts

Samples: Change of Control Severance Agreement (Quicklogic Corporation), Change of Control Severance Agreement (Quicklogic Corporation), Change of Control Severance Agreement (Quicklogic Corporation)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto, with the full intent of releasing all claims. The Parties parties hereto acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 3 contracts

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

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto, with the full intent of releasing all claims. The Parties parties acknowledge that: (a) They they have read this Agreement; (b) They they have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They they understand the terms and consequences of this Agreement and of the releases it contains; and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 3 contracts

Samples: Agreement and Release, Separation and Mutual Release Agreement (Blue Star Foods Corp.), Agreement and Release (Gigabeam Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claimsclaims as set forth herein. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined elected not to seek such retain legal counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 3 contracts

Samples: Separation Agreement (Akesis Pharmaceuticals, Inc.), Separation Agreement (Akesis Pharmaceuticals, Inc.), Separation Agreement (MultiCell Technologies, Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties heretoParties, with the full intent of releasing all claims. The Parties acknowledge that: (ai) They they have read this Agreement; (bii) They they have been represented represented, or, in the alternative, have had the opportunity to obtain representation, in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counselchoice; (ciii) They they understand the terms and consequences of this Agreement and of the releases it contains; and (div) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 3 contracts

Samples: Rating Company Annual Agreement, Rating Company Annual Agreement, Rater & Rating Field Inspector Agreement

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) a. They have read this Agreement; (b) b. They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) c. They understand the terms and consequences of this Agreement and of the releases it contains; and (d) d. They are fully aware of the legal and binding effect of this Agreement.

Appears in 3 contracts

Samples: Change of Control Severance Agreement (Quicklogic Corporation), Change of Control Severance Agreement (Quicklogic Corporation), Severance Agreement (Natus Medical Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge Executive acknowledges that: : (a) They have he or she has read this Agreement; ; (b) They have has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their his or her own choice or that they have he or she has voluntarily declined to seek such counsel; ; (c) They understand understands the terms and consequences of this Agreement and of the releases it contains; and (d) They are is fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Critical Path Inc), Employment Agreement (Critical Path Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.. *****

Appears in 2 contracts

Samples: Employment Agreement (Gadzoox Networks Inc), Severance Agreement (Gadzoox Networks Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, negotiation and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Severance Agreement (Avanex Corp), Severance Agreement (Avanex Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties heretoParties, with the full intent of releasing all claims. The Parties acknowledge that: : (ai) They they have read this Agreement; ; (bii) They they have been represented represented, or, in the alternative, have had the opportunity to obtain representation, in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that choice; (iii) they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and and (div) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Cybersecurity & Technology Services Agreement, Security Agreement

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge Consultant acknowledges that: : (a) They have he or she has read this Agreement; ; (b) They have has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their his or her own choice or that they have he or she has voluntarily declined to seek such counsel; ; (c) They understand understands the terms and consequences of this Agreement and of the releases it contains; and (d) They are is fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Separation Agreement (Critical Path Inc), Termination and Release Agreement (Cirilium Holdings Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto. Each of the parties hereto hereby acknowledges, with represents and warrants that (i) it has read and fully understood this Agreement and the full intent of releasing all claims. The Parties acknowledge that: implications and consequences thereof; (aii) They have read this Agreement; (b) They have it has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their its own choice choice, or that they have voluntarily declined it has made a voluntary and informed decision to decline to seek such counsel; ; and (ciii) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are is fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Support Agreement (Leap Therapeutics, Inc.), Support Agreement (Leap Therapeutics, Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge Employee acknowledges that: : (a) They have he or she has read this Agreement; ; (b) They have has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their his or her own choice or that they have he or she has voluntarily declined to seek such counsel; ; (c) They understand understands the terms and consequences of this Agreement and of the releases it contains; and (d) They are is fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Critical Path Inc), Separation Agreement (Critical Path Inc)

Voluntary Execution of Agreement. This Agreement is executed -------------------------------- voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto, with the full intent of releasing all claims. The Parties parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Stock Exchange Agreement (New Focus Inc), Employment Agreement (Avanex Corp)

Voluntary Execution of Agreement. This Agreement is executed -------------------------------- voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto, with the full intent of releasing all claims. The Parties parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, negotiation and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Severance Agreement (Loudeye Technologies Inc), Settlement Agreement (Preview Travel Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto, with the full intent of releasing all claims. The Parties , and the parties acknowledge that: (a) They have read this the Agreement; (b) They The have been represented in the preparation, negotiationnegotiations, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Resignation and Mutual Release Agreement (Interlink Computer Sciences Inc), Resignation and Mutual Release Agreement (Interlink Computer Sciences Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claimsclaims as set forth herein. The Parties acknowledge that: (a) They they have read this Agreement; (b) They they have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They they understand the terms and consequences of this Agreement and of the releases it contains; and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Separation Agreement (Latitude Communications Inc), Separation Agreement (Latitude Communications Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this the Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They know and understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Settlement Agreement (Avistar Communications Corp), Settlement Agreement (Netergy Networks Inc)

Voluntary Execution of Agreement. This Agreement is executed -------------------------------- voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They they have read this Agreement; (b) They they have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They they understand the terms and consequences of this Agreement and of the releases it contains; and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Separation Agreement (Crossworlds Software Inc), Employment Agreement (Connect Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties heretoParties, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Advisory Services and Separation Agreement (MAGNACHIP SEMICONDUCTOR Corp), Separation Agreement (Unify Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They they have read this Agreement; (b) They they have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They they understand the terms and consequences of this Agreement and of the releases release it contains; and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Separation Agreement (Pumatech Inc), Separation Agreement (Pumatech Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties heretoparties. Each of the parties hereby acknowledges, with represents and warrants that (i) it has read and fully understood the full intent of releasing all claims. The Parties acknowledge that: Merger Agreement, this Agreement and the implications and consequences thereof; (aii) They have read this Agreement; (b) They have it has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their its own choice choice, or that they have voluntarily declined it has made a voluntary and informed decision to decline to seek such counsel; ; and (ciii) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are is fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Support Agreement (Homology Medicines, Inc.), Support Agreement (Homology Medicines, Inc.)

Voluntary Execution of Agreement. This The Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this the Agreement; (b) They have been represented in the preparation, negotiation, negotiation and execution of this the Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this the Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this the Agreement.

Appears in 2 contracts

Samples: Separation Agreement (Sonoma Pharmaceuticals, Inc.), Separation Agreement (Sonoma Pharmaceuticals, Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto, with the full intent of Executive releasing all of his claims. The Parties Both parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel and financial advisors of their own choice or that they have voluntarily declined to seek such counselassistance; (c) They understand the terms and consequences of this Agreement and of the releases release it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 2 contracts

Samples: Severance Agreement (Medianet Group Technologies Inc), Transition and Severance Agreement (Metropolitan Health Networks Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement;: (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel;: (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Quicklogic Corporation)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined elected no to seek such retain legal counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Avanex Corp)

Voluntary Execution of Agreement. This Agreement is executed -------------------------------- voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Emachines Inc /De/)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto, with the full intent of releasing all claims. The Parties parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Extended Systems Inc)

Voluntary Execution of Agreement. This Agreement is Each Partys acknowledge that it has executed this agreement voluntarily and without any duress or undue influence on the part or behalf of the Parties heretoinfluence, with the full intent of releasing all claims. The Parties acknowledge Each Party acknowledges that: (a) They have It has read this Agreementagreement; (b) They have It has been represented in the preparation, negotiation, and execution of this Agreement agreement by legal counsel of their its own choice or that they have it has voluntarily declined to seek such counsel; (c) They It understand the terms and consequences of this Agreement agreement and of the releases it contains; and; (d) They are It is fully aware of the legal and binding effect of this Agreementagreement.

Appears in 1 contract

Samples: Termination of Employment Agreement and Release (Semtech Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties heretoParties, with the full intent of releasing all claims. The Parties acknowledge that: (a) They they have read this Agreement; (b) They they have been represented represented, or, in the alternative, have had the opportunity to obtain representation, in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counselchoice; (c) They they understand the terms and consequences of this Agreement and of the releases it contains; and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Landscaping Agreement

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Transition Agreement and Mutual Release (Anergen Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They they have read this Agreement; (b) They they have been represented in the preparation, negotiation, negotiation and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined elected not to seek such retain legal counsel; (c) They they understand the terms and consequences of this Agreement and of the releases it contains; and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Avanex Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties heretoparties to this Agreement, with the full intent of releasing all claims. The Parties parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.. ​ ​

Appears in 1 contract

Samples: Severance and Change of Control Agreement (Jaguar Health, Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or of behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, negotiation and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Pinnacle Systems Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They they have read this Agreement; (b) They they have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel;counse. (c) They they understand the terms and consequences of this Agreement and of the releases it contains; and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Surfnet Media Group Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that:; (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Tricord Systems Inc /De/)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They(a) They have read this Agreement; have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined elected not to seek such retain legal counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Avanex Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: : (a) They they have read this Agreement; ; (b) They they have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; ; (c) They they understand the terms and consequences of this Agreement and of the releases it contains; and and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties heretoParties, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, negotiation and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Ista Pharmaceuticals Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: : (a) They a)they have read this Agreement; ; (b) They b)they have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; ; (c) They c)they understand the terms and consequences of this Agreement and of the releases it contains; and and (d) They d)they are fully aware of the legal and binding effect of this Agreement.. [SIGNATURE PAGE FOLLOWS] 6

Appears in 1 contract

Samples: Separation Agreement

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Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the --------------------------------- part or behalf of the Parties hereto, with the full intent of releasing all claimsclaims specifically released hereby. The Parties acknowledge that: (a) They they have read this Agreement; (b) They they have been represented in the preparation, negotiation, negotiation and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They they understand the terms and consequences of this Agreement and of the releases it contains; and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (CDW Computer Centers Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Hytek Microsystems Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (ai) They they have read this Agreement; (bii) They they have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (ciii) They they understand the terms and consequences of this Agreement and of the releases it contains; and (div) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Oi Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claimsclaims in accordance with Paragraph 2 above. The Parties acknowledge that: (a) a. They have read this Agreement; (b) b. They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) c. They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) d. They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Immediatek Inc)

Voluntary Execution of Agreement. This Agreement agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreementagreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreementagreement.

Appears in 1 contract

Samples: Termination of Employment Agreement (Power One Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge Each Party acknowledges that: (a) They have He has read this Agreement; (b) They have He has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their his own choice or that they have he has voluntarily declined to seek such counsel; (c) They understand He understands the terms and consequences of this Agreement and of the releases it contains; and; (d) They are He is fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Retirement Separation Agreement (Amkor Technology Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this the Agreement.

Appears in 1 contract

Samples: Employment Agreement (Xcel Energy Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties hereto acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Transition Agreement and Waiver of Claims (QRS Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto, with the full intent of releasing all claims. The Parties parties acknowledge that: (a) They have read had a reasonable time within which to consider whether to sign this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They have read and understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: General Release (West Marine Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, negotiation and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel;; 13 (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Management Retention Agreement (C Cube Microsystems Inc/De)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties any Party hereto, with the full intent of releasing all claims. The Parties acknowledge Each Party acknowledges that: (a) a. They have read this Agreement; (b) b. They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice choice, or that they have voluntarily declined chosen not to seek such counsellegal representation; (c) c. They understand the terms and consequences of this Agreement and of the releases it contains; and (d) d. They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Termination and Mutual Release Agreement (SearchCore, Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all waivable claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Termination of Employment Agreement (Power One Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue under influence on the part or behalf of the Parties hereto, hereto with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, preparation negotiation and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Temporary Employment Agreement, Settlement Agreement and General Release (Ingenuus Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties. Each of the Parties heretohereby acknowledges, with the full intent of releasing all claims. The Parties acknowledge that: represents and warrants that (ai) They have it has read and fully understood this Agreement; , the Merger Agreement and the Escrow Agreement, and the implications and consequences thereof; (bii) They have it has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their its own choice choice, or that they have voluntarily declined it has made a voluntary and informed decision to decline to seek such counsel; ; and (ciii) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are is fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Securities Exchange Agreement (Dgse Companies Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims, and without any duress or undue influence by any of the Parties. The Parties acknowledge that: : (a) They have read this Agreement; ; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; ; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Transition Agreement (Polycom Inc)

Voluntary Execution of Agreement. This Agreement is executed -------------------------------- voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (ai) They have read this Agreement; (bii) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (ciii) They understand the terms and consequences of this Agreement and of the releases it contains; and; (div) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Mutual Release Agreement (Centillium Communications Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Each of the Parties acknowledge represents and warrants that: (a) They have it has read this Agreement; (b) They have it has been represented in the preparation, negotiation, and execution of this Agreement by independent legal counsel of their its own choice or that they have voluntarily declined to seek such counselchoice; (c) They understand it has negotiated this Agreement at arm’s length and in good faith; (d) it understands the terms and consequences of this Agreement and of the releases it this Agreement contains; and (de) They are it is fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Straight Path Communications Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined elected not to seek such retain legal counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (MultiCell Technologies, Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (ba) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (ca) They understand the terms and consequences of this Agreement and of the releases it contains; and; (da) They are fully aware of the legal and binding effect of this Agreement; and (a) Each signatory to this Agreement below represents that he/she has the requisite authority and has been duly authorized by his/her respective corporation to execute this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Forex International Trading Corp.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have carefully read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of and voluntarily and knowingly agree to the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Redemption and Mutual Release Agreement (Investview, Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: : (a) They they have read this Agreement; ; (b) They they have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; ; (c) They they understand the terms and consequences of this Agreement and of the releases it contains; and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Peizer Terren S)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto, with the full intent of releasing all of the parties’ claims. The Parties parties acknowledge that: : (a) They they have read this Agreement; ; (b) They they have been represented in the preparation, negotiation, negotiation and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined knowingly waived the right to seek such counsel; representation; (c) They they understand the terms and consequences of this Agreement and of the releases it contains; and and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Severance Agreement

Voluntary Execution of Agreement. This Agreement is executed voluntarily and voluntarily, without any duress or undue influence on the part of any Party or on behalf of the Parties heretoany Party, and with the full intent of releasing to take all claimsactions described in this Agreement. The Parties expressly acknowledge and agree that: : (a) They they have read this Agreement; ; (b) They they have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; ; (c) They they understand the terms and consequences of this Agreement Agreement; and of the releases it contains; and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Transition Services Agreement (Bsquare Corp /Wa)

Voluntary Execution of Agreement. This Agreement is executed ------------------------------------ voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this the Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They know and understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Vina Technologies Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties parties hereto, with the full intent of Executive releasing all of her claims. The Parties Both parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel and financial advisors of their own choice or that they have voluntarily declined to seek such counselassistance; (c) They understand the terms and consequences of this Agreement and of the releases release it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Metropolitan Health Networks Inc)

Voluntary Execution of Agreement. This Agreement is executed -------------------------------- voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Eif Holdings Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties heretoParties, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement.. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS]

Appears in 1 contract

Samples: Release of Claims (Tintri, Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (ba) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (ca) They understand the terms and consequences of this Agreement and of the releases it contains; and; (da) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Kla Tencor Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They they have read this Agreement; (b) They they have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They they understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Executive Transition Agreement (Iridex Corp)

Voluntary Execution of Agreement. This Agreement is executed ------------------------------------- voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Pc Tel Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (ai) They have read this Agreement; (bii) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (ciii) They understand the terms and consequences of this Agreement and of the releases it contains; and (div) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Transition Agreement (Digital Impact Inc /De/)

Voluntary Execution of Agreement. This Agreement is executed -------------------------------- voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this the Agreement.

Appears in 1 contract

Samples: Employment Agreement (Hewlett Packard Co)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the it contains; releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Command Center, Inc.)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been had the opportunity of being represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and; (d) They are fully aware of the legal and binding effect of this Agreement. [Remainder of page intentionally left blank. Signature page follows.]

Appears in 1 contract

Samples: Change in Control Agreement (Meridian Bioscience Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) 26.1 They have read this Agreement; (b) 26.2 They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) 26.3 They understand the terms and consequences of this Agreement and of the releases it contains; and (d) 26.4 They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Transition Agreement and Mutual Release (Capstone Turbine Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the any Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They they have read this Agreement; (b) They they have been represented in had the preparation, negotiation, and execution of this Agreement by opportunity to consult legal counsel of their own choice or that to the fullest extent they have voluntarily declined to seek such counseldeem appropriate and necessary; (c) They this Agreement reflects a negotiated agreement between the Parties; (d) they understand the terms and consequences of this Agreement and of the releases it contains; and (de) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Tcsi Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They they have read this Agreement; (b) They they have been represented represented, or, in the alternative, have had the opportunity to obtain representation, in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counselchoice; (c) They they understand the terms and consequences of this Agreement and of the releases it contains; and (d) They they are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Executive Employment Agreement (Legalzoom Com Inc)

Voluntary Execution of Agreement. This Agreement is executed voluntarily voluntary and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claims. The Parties acknowledge that: (a) They have read this Agreement; (b) They have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined elected no to seek such retain legal counsel; (c) They understand the terms and consequences of this Agreement and of the releases it contains; and (d) They are fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Avanex Corp)

Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of releasing all claimsof the Released Matters. The Each of the Parties acknowledge for itself that: : (a) They have it has read this Agreement; ; (b) They have it has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their its own choice or that they have it has voluntarily declined to seek such counsel; ; (c) They understand it understands the terms and consequences of this Agreement and of the releases release it contains; and and (d) They are it is fully aware of the legal and binding effect of this Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Fluid Media Networks, Inc.)

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