Employee Acknowledgements. Employee acknowledges and agrees that: (a) he has read this Agreement; (b) he is fully competent to execute this Agreement which he understands to be contractual; (c) he executes this Agreement of his own free will, after having a reasonable period of time to review, study, and deliberate regarding its meaning and effect and to consult with counsel regarding same; and (d) executes this Agreement without reliance on any representation of any kind or character not expressly set forth herein.
Employee Acknowledgements. Employee understands and agrees that:
a. Employee has been advised in writing by Txxxxxx through this Agreement to discuss this Agreement with an attorney of Employee’s own choice before executing it;
b. Employee has carefully read and understands all of the terms of this Agreement, including the general release set forth in Paragraph 3;
c. In executing this Agreement, Employee has not relied on any oral or written representation or statement other than the express language in this Agreement;
d. Employee has signed this Agreement knowingly and voluntarily and without coercion or duress;
e. Employee may revoke this Agreement at any time during the seven (7) day period immediately following the date Employee signs this Agreement (“Revocation Period”) by delivering or arranging to have delivered a written notice of revocation signed by Employee to Rxxxxx Xxxxx, Senior Vice President and Chief Business Officer, Txxxxxx, Inc., 900 Xxxxxxxxxxxx Xxxxxxxxx, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000, no later than 5:00 p.m. Eastern Time on the seventh (7th) day following the day Employee signs this Agreement. If the last day of the Revocation Period falls on a weekend or holiday, the last day of the Revocation Period will be deemed to be the next business day. If delivered by mail, the revocation must be post-marked within the Revocation Period. This Agreement shall not become effective and enforceable until the expiration of the Revocation Period. If Employee validly revokes this Agreement within the Revocation Period, this Agreement shall be rendered null and void, and Employee shall not be entitled to any of the Severance Benefits referenced in Paragraph 2.
f. Xxxxxxx has provided Employee up to twenty-one (21) days to review this Agreement, and changes made to this Agreement, whether material or nonmaterial, do not restart the twenty-one (21) day period. To qualify for the Severance Benefits, Employee must sign and return the Agreement to Rxxxxx Xxxxx, Chief Business Officer, Txxxxxx, Inc., 900 Xxxxxxxxxxxx Xxxxxxxxx, Xxxxx 000, Xxxxxxxxxxxx, XX 00000 within twenty-one (21) days after receiving the Agreement. To the extent Employee takes less than 21 days to consider this Agreement prior to signing it, Employee gives Txxxxxx assurances that Employee’s decision to accept such shortening of time is knowing and voluntary and is not induced by Txxxxxx through fraud, misrepresentation, or a threat to withdraw or alter the offer prior to the expiration of said time...
Employee Acknowledgements. I acknowledge that this agreement applies only to compensation not yet paid or made available to me.
Employee Acknowledgements. Employee acknowledges (i) that the covenants contained in Sections 5, 6 and 7, including, without limitation, the time and geographic limits (collectively, the “Restrictive Covenants”), are reasonable and appropriate and that Employee will not any claim to the contrary in any action brought by the Company or its Affiliates to enforce any of such provisions and (ii) that should Employee violate any of the Restrictive Covenants, it will be difficult to determine the resulting damages to the Company and its Affiliates and, in addition to any other remedies the Company and its Affiliates may have, (A) the Company and its Affiliates shall be entitled to temporary injunctive relief without being required to post a bond and permanent injunctive relief without the necessity of proving actual damage; and (B) the Company shall have the right to offset against its obligation to make any payments to Employee under this Agreement or otherwise to the extent of any money damages incurred or suffered by the Company and its Affiliates. The Company may elect to seek one or more of these remedies at its sole discretion on a case by case basis. Failure to seek any or all remedies in one case shall not restrict the Company from seeking any remedies in another situation. Such action by the Company shall not constitute a waiver of any of its rights.
Employee Acknowledgements. Employee acknowledges that Employee is knowingly and voluntarily waiving and releasing any rights he/she may have under the Age Discrimination in Employment Act of 1967. Employee also acknowledges that the consideration given for the waiver and release set forth in this Agreement is in addition to anything of value to which Employee was already entitled without the waiver and release. Employee further acknowledges that Employee has been advised by this writing, as required by the Older Workers’ Benefit Protection Act, that: (1) his/her waiver and release does not apply to any rights or claims that may arise after the Effective Date of this Agreement; (2) he/she should consult with an attorney prior to executing this Agreement; (3) he/she has at least twenty-one (21) days to consider this Agreement (although he/she may by his/her own choice execute this Agreement earlier); (4) he/she has seven (7) days following his/her execution of this Agreement to revoke the Agreement; and (5) this Agreement shall not be effective until the date upon which the revocation period has expired (“Effective Date”). Employee may revoke this Release only by giving the Company formal, written notice of Employee’s revocation of this Agreement, which should be addressed to Xxxxxxx Xxxxx, HD Supply, Inc., 0000 Xxxxxxxxxx Xxxx., Xxxxx 0000, Xxxxxxx, XX 00000 and which must be received by Xx. Xxxxx by the close of business on the seventh (7th) day following Employee’s execution of this Agreement.
Employee Acknowledgements. The Employee hereby acknowledges and fully understands:
Employee Acknowledgements. (i) Employee understands, acknowledges, agrees and hereby stipulates that he or she is executing this Agreement voluntarily and without any duress or undue influence by the Company or anyone else.
(ii) Employee understands, acknowledges, agrees and hereby stipulates that he or she has carefully read, considered and understands all of the provisions of this Agreement and the Company’s policies reflected in this Agreement.
(iii) Employee understands, acknowledges, agrees and hereby stipulates that he or she has asked any questions needed for him or her to understand the terms, consequences and binding effect of this Agreement and Employee fully understands them, including that he or she is waiving the right to a trial, a trial by jury, and common law claims for punitive and/or exemplary damages.
(iv) Employee understands, acknowledges, agrees and hereby stipulates that he or she was provided an opportunity to seek the advice of an attorney of his or her choice before signing this Agreement.
(v) Employee understands, acknowledges, agrees and hereby stipulates that the obligations and restrictions set forth in this Agreement are consistent with Employee’s right to sell his or her labor, the public’s interest in unimpeded trade, are fair and reasonable, and are no broader than are reasonably required to protect the Company’s interests.
(vi) Employee understands, acknowledges, agrees and hereby stipulates that it is the Company’s policy to seek legal recourse to the fullest extent possible for breach of this Agreement. Employee understands that nothing in this Agreement shall be construed to prohibit the Company from pursuing any other available remedies for such breach or threatened breach, including the recovery of damages from Employee. Employee further agrees that, if he or she violates or threatens to violate this Agreement, it would be difficult to determine the damages and lost profits which the Company would suffer as a result of such breach including, but not limited to, losses attributable to lost or misappropriated Confidential Information and Trade Secrets and losses stemming from violations of the non-disclosure, non-compete and non-solicitation obligations set forth above. Accordingly, Employee agrees that if he or she violates or threatens to violate this Agreement, then the Company shall be entitled to an order for injunctive relief and/or for specific performance, or their equivalent, in addition to money damages and any other remedies otherwise...
Employee Acknowledgements. I acknowledge that as a benefits-eligible employee of the University of Arkansas, I am required by Arkansas law and by University Policy to participate in a retirement plan. I understand that all newly eligible employees of the University shall participate in the University of Arkansas Retirement Plan, the “UARP.”
Employee Acknowledgements. The Employee acknowledges that they have been provided with the opportunity to negotiate this agreement, have had the opportunity to seek legal counsel before signing this agreement, and that the restrictions imposed are fair and necessary for the Company’s business interests. Finally, the Employee agrees that these restrictions are reasonable and do not constitute a threat to their livelihood.
Employee Acknowledgements. I acknowledge that I will be provided, and/or have been provided, with trade secrets and/or valuable confidential business information belonging to the Company and/or its Affiliates (as defined in paragraph 19), and have developed and/or will develop substantial relationships with prospective and existing customers and clients of the Company and its Affiliates, and, as a result, shall benefit from the good will of the Company and its Affiliates. I also acknowledge that the Company and its Affiliates have invested substantial resources in the development of their trade secrets, confidential business information, client relationships and good will and in recruiting, hiring and training their professionals and staff. I further acknowledge that I have received and/or will receive substantial training from the Company and its Affiliates. I hereby acknowledge and agree that the Company and its Affiliates have a legitimate interest in protecting their substantial investment in their development of trade secrets, confidential information, good will and a highly trained staff and that the covenants to which I agree to be bound herein are necessary to protect such legitimate interests.
