Common use of Acknowledgments and Affirmations Clause in Contracts

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against any Company Released Party. Employee also represents and warrants that there has been no assignment or other transfer of any interest in any claim by Employee that is covered by the release set forth in Paragraph 5(a). Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits which are due and payable as of the date Employee signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any proprietary or confidential information of the Company and will continue to maintain the confidentiality of such information consistent with the Company’s policies and Employee’s agreement(s) with the Company and/or common law. Employee hereby represents and warrants he has not breached any of his obligations under Section 9 of his Employment Agreement. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. Employee affirms that all of the Company’s decisions regarding Employee’s pay and benefits through the date of Employee’s execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. Employee hereby represents and warrants he has not breached any of his obligations under Section 10 of his Employment Agreement.

Appears in 1 contract

Samples: Executive Retirement Agreement (Welltower Inc.)

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Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against any Company Released Party. Employee also represents and warrants that there has been no assignment or other transfer of any interest in any claim by Employee that is covered by the release set forth in Paragraph 5(a). Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits which are due and payable as of the date Employee signs this Agreement. Employee further affirms that because Employee will not be employed by the Company through the end of fiscal-year 2016, Employee will not be entitled to any compensation, bonuses and/or benefits under any Annual Bonus Performance Unit Award Agreement between Employer and Employee. Employee also affirms that under the Methode Electronics, Inc. 2010 Stock Plan, (i) any vested stock options must be exercised within three months of the Separation Date or are forfeited, and (ii) any unvested stock options outstanding as of the Separation Date are immediately forfeited. Employee affirms and agrees that he herby resigns from any and all director and/or officer positions he holds with any subsidiary companies owned or controlled by Employer. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has shall not divulged any proprietary or confidential information of apply in the Company and will continue to maintain the confidentiality of such information consistent future for employment with the Company’s policies and Employee’s agreement(s) Employer because of, among other things, irreconcilable differences with the Company and/or common law. Employee hereby represents and warrants he has not breached any of his obligations under Section 9 of his Employment Agreement. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraudEmployer. Employee affirms that all of the Company’s Employer's decisions regarding Employee’s 's pay and benefits through the date of Employee’s execution of this Agreement Separation Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. Employee hereby represents and warrants he has not breached any of his obligations under Section 10 of his Employment Agreement.

Appears in 1 contract

Samples: Agreement and General Release (Methode Electronics Inc)

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or and is not presently is a party to to, any claim claim, charge, action or other legal proceeding against Releasees in any Company Released Partyforum or form as of the date of execution of this Agreement. Employee also represents and warrants that there has been no assignment or other transfer of any interest in any claim by Employee that is covered by the release set forth in Paragraph 5(a). Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits which are due and payable as of the date Employee signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee affirms that Employee has returned all of Innodata’s property, documents, and/or confidential information in Employee’s possession or control. Employee also affirms that Employee is in possession of all of Employee’s property that Employee had at Innodata’s premises and that Innodata is not in possession of any of Employee’s property. Employee affirms that Employee has not divulged any proprietary or confidential information of the Company Innodata, its affiliates, subsidiaries or clients and will continue to maintain the confidentiality of such information consistent with the CompanyInnodata’s policies and Employee’s agreement(s) with the Company Innodata and/or common law. Employee hereby represents further affirms that Employee has provided Innodata with a list of all user names and warrants he has not breached any of his obligations under Section 9 of his Employment Agreementpasswords used by Employee in connection with Employee performing services for Innodata. Employee further affirms that (i) Employee has not been retaliated against for reporting any allegations of wrongdoing by the Company or Innodata, its officers, or any other Releasee identified in this Agreement, including any allegations of corporate fraud; and (ii) to Employee’s knowledge Employee is not presently aware of any wrongdoing or alleged wrongdoing by Innodata, its officers, or any other Releasee identified in this Agreement, including with respect to corporate fraud. Employee affirms that all of the CompanyInnodata’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s execution of this Agreement Separation Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. Employee hereby represents and warrants he has not breached any of his obligations under Section 10 of his Employment Agreement.

Appears in 1 contract

Samples: Separation Agreement and General Release (Innodata Inc)

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against EKR Therapeutics, Inc. or any Company Released Party. Employee also represents and warrants that there has been no assignment or other transfer of any interest in any claim by Employee that is covered by the release set forth in Paragraph 5(a). Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee signs this Agreementmay be entitled. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any proprietary or confidential information of the Company EKR Therapeutics, Inc. and will continue to maintain the confidentiality of such information consistent with the CompanyEKR Therapeutics, Inc.’s policies and Employee’s agreement(s) with the Company EKR Therapeutics, Inc. and/or common law. Employee hereby represents and warrants he has not breached any of his obligations under Section 9 of his Employment Agreement. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by the Company EKR Therapeutics, Inc. or its officers, including any allegations of corporate fraud. Employee affirms that all of the CompanyEKR Therapeutics, Inc.’s decisions regarding Employee’s pay and benefits through the date of Employee’s execution separation of this Agreement employment were not discriminatory based on age, disability, race, color, sex, religion, national origin origin, genetic information or any other classification protected by applicable law. Employee hereby represents and warrants he has not breached any of his obligations under Section 10 of his Employment Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cornerstone Therapeutics Inc)

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against any Company Released Party. Employee also represents and warrants that there has been no assignment or other transfer of any interest in any claim by Employee that is covered by the release set forth in Paragraph 5(a)Company. Employee also affirms that if Employee was classified as non-exempt from overtime laws, that Employee has reported all hours worked as of the date Employee signs this Agreement and has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits which are due and payable as of the date Employee signs this Agreement. Employee also affirms that Employee has been granted any paid for all of Employee’s accrued, unused vacation, paid time off and personal days. Employee further affirms that Employee has been reimbursed for all expenses Employee incurred in performing Employee’s duties or in following the Company’s directions. Employee affirms that the Company has made available all leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any Personal Health Information (“PHI”), proprietary or confidential information of the Company and will continue to maintain the confidentiality of such information consistent with HIPAA, the Company’s policies and Employee’s agreement(s) with the Company and/or common law. If Employee hereby represents and warrants he has placed any PHI or confidential or proprietary information on Employee’s personal computer, phone, or electronic data storage device which was not breached any returned to the Company, Employee will tender the device to the Company for removal of his obligations under Section 9 of his Employment Agreementthe information. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. Employee affirms that all of the Company’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s 's execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. Employee hereby represents affirms that all of Company’s decisions regarding Employee's pay and warrants he has benefits through the date of Employee's Separation Date were not breached discriminatory based on age, disability, race, color, sex, religion, national origin or any of his obligations under Section 10 of his Employment Agreementother classification protected by law.

Appears in 1 contract

Samples: Severance and Release Agreement (MusclePharm Corp)

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, nor caused to be filed, or nor is Employee presently is a party to to, or a witness in connection with, any claim claim, complaint or action against Releasees in any Company Released Partylegal or administrative forum. Employee also represents and warrants that there has been no assignment or other transfer of any interest in any claim by Employee that is covered by the release set forth in Paragraph 5(a). Employee also affirms that Employee has been paid for and/or has received all compensation, wages, bonuses, commissions, and/or benefits which are due and payable as of the date Employee signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was may be entitled under the Family and Medical Leave Act that no other leave (paid or related state unpaid), compensation, wages, bonuses, commissions or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any proprietary or confidential information of the Company and will continue benefits are due to maintain the confidentiality of such information consistent with the Company’s policies and Employee’s agreement(s) with the Company and/or common law. Employee hereby represents and warrants he has not breached any of his obligations under Section 9 of his Employment Agreement. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. Employee affirms that all of the Company’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s execution 's separation of this Agreement employment were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. Employee hereby represents affirms that Employee has no known workplace injuries or occupational diseases and warrants he that Employee has been granted or has not breached been denied any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee affirms that Employee has not divulged any proprietary or confidential information of his obligations under Section 10 Company and will continue to maintain the confidentiality of his Employment Agreementsuch information consistent with Company’s policies and Employee’s agreement(s) with Company and/or common law. Employee affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by Company or its officers, including any allegations of corporate fraud. Both Parties acknowledge that this Separation Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if such an administrative claim is made, Employee shall not be entitled to recover any individual monetary relief or other individual remedies.

Appears in 1 contract

Samples: Separation Agreement and General Release (Health Care Reit Inc /De/)

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Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against any Company Released Party. Employee also represents and warrants that there has been no assignment or other transfer of any interest in any claim by Employee that is covered by the release set forth in Paragraph 5(a)Millington Savings Bank. Employee also affirms that Employee has reported all hours worked as of the date Employee signs this Agreement and has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits which are due and payable as of the date Employee signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any proprietary or confidential information of the Company Millington Savings Bank and will continue to maintain the confidentiality of such information consistent with the CompanyMillington Savings Bank’s policies and Employee’s agreement(s) with the Company Millington Savings Bank and/or common law. Employee hereby represents and warrants he has not breached any of his obligations under Section 9 of his Employment Agreement. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by the Company Millington Savings Bank or its officers, including any allegations of corporate fraud. Employee affirms that all of the CompanyMillington Savings Bank’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s execution of this Agreement 's Separation Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. Employee hereby represents and warrants he has not breached any of his obligations under Section 10 of his Employment Agreement.

Appears in 1 contract

Samples: Agreement and General Release (MSB Financial Corp)

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or and is not presently is a party to to, any claim claim, charge, action or other legal proceeding against Releasees in any Company Released Partyforum or form as of the date of execution of this Agreement. Employee also represents and warrants that there has been no assignment or other transfer of any interest in any claim by Employee that is covered by the release set forth in Paragraph 5(a). Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits which are due and payable as of the date Employee signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee affirms that Employee has returned all of Innodata’s property, documents, and/or confidential information in Employee’s possession or control. Employee also affirms that Employee is in possession of all of Employee’s property that Employee had at Innodata’s premises and that Innodata is not in possession of any of Employee’s property. Employee affirms that Employee has not divulged any proprietary or confidential information of the Company Innodata, its affiliates, subsidiaries or clients and will continue to maintain the confidentiality of such information consistent with the CompanyInnodata’s policies and Employee’s agreement(s) with the Company Innodata and/or common law. Employee hereby represents further affirms that Employee has provided Innodata with a list of all user names and warrants he has not breached any of his obligations under Section 9 of his Employment Agreementpasswords used by Employee in connection with Employee performing services for Innodata. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by the Company or Innodata, its officers, or any other Releasee identified in this Agreement, including any allegations of corporate fraud. Employee affirms that all of the CompanyInnodata’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s execution of this Agreement Separation Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. Employee hereby represents and warrants he has not breached any of his obligations under Section 10 of his Employment Agreement.

Appears in 1 contract

Samples: Separation Agreement and General Release (Innodata Inc)

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against any Company Released Party. Employee also represents and warrants that there has been no assignment or other transfer of any interest in any claim by Employee that is covered by the release set forth in Paragraph 5(a)Employer. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee signs this Agreementmay be entitled. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any proprietary or confidential information of the Company Employer and will continue to maintain the confidentiality of such information consistent with the CompanyEmployer’s policies and Employee’s agreement(s) with the Company Employer and/or common law. Employee hereby represents and warrants he has not breached any of his obligations under Section 9 of his Employment Agreement. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by the Company Employer or its officers, including any allegations of corporate fraud. Both Parties acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if such an administrative claim is made, Employee shall not be entitled to recover any individual monetary relief or other individual remedies. Employee shall not apply in the future for employment with Employer because of, among other things, irreconcilable differences with Employer. Employee affirms that all of the Company’s Employer's decisions regarding Employee’s 's pay and benefits through the date of Employee’s 's execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. Employee hereby represents and warrants he has not breached any of his obligations under Section 10 of his Employment Agreement.

Appears in 1 contract

Samples: Agreement and General Release (Cleveland Biolabs Inc)

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