Common use of Acknowledgments Clause in Contracts

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this Release; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes this Release within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him to execute this Release.

Appears in 15 contracts

Sources: Employment Agreement (RLJ Lodging Trust), Employment Agreement (RLJ Lodging Trust), Employment Agreement (RLJ Lodging Trust)

Acknowledgments. The Executive is signing this Waiver and Release Agreement knowingly and voluntarily. He or she acknowledges that: (a) He or she is hereby advised in writing to consult an attorney before signing this ReleaseWaiver and Release Agreement; (b) He or she has relied solely on his or her own judgment and/or that of his or her attorney regarding the consideration for and the terms of this Waiver and Release Agreement and is signing this Waiver and Release Agreement knowingly and voluntarily of his or her own free will; (c) He or she is not entitled to the Severance Payment unless he or she agrees to and honors the terms of this ReleaseWaiver and Release Agreement; (d) He or she has been given at least [twenty-one (21) )] [forty-five (45)] calendar days to consider this ReleaseWaiver and Release Agreement, or he or she expressly waives his or her right to have at least [twenty-one (21) )] [forty-five (45)] days to consider this ReleaseWaiver and Release Agreement; (e) He or she may revoke this Waiver and Release Agreement within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He or she further understands that this Waiver and Release Agreement is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he or she revokes this Waiver and Release Agreement within the seven (7) day revocation period, he or she will not receive the Severance Payment; (f) He or she has read and understands the Waiver and Release Agreement and further understands that, subject to the limitations contained herein, that it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his or her signing of this Waiver and Release Agreement that he or she may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this ReleaseWaiver and Release Agreement.

Appears in 12 contracts

Sources: Executive Employment Agreement (Colfax CORP), Executive Employment Agreement (Colfax CORP), Executive Employment Agreement (Colfax CORP)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this Release; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he or she expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he or she revokes this Release within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this Release.

Appears in 10 contracts

Sources: Employment Agreement (Chesapeake Lodging Trust), Employment Agreement (Chesapeake Lodging Trust), Employment Agreement (Chesapeake Lodging Trust)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this ReleaseRelease Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release Agreement knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he or she expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he or she revokes this Release within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this Release.

Appears in 10 contracts

Sources: Employment Agreement (New Generation Biofuels Holdings, Inc), Employment Agreement (New Generation Biofuels Holdings, Inc), Employment Agreement (New Generation Biofuels Holdings, Inc)

Acknowledgments. Executive is By signing this Release knowingly Agreement, you hereby acknowledge and voluntarily. He acknowledges thatconfirm the following: (a) He is hereby advised in writing to consult an attorney before signing You have carefully read and fully understand all of the provisions of this ReleaseAgreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding You have been given at least 21 days to consider the consideration for and the actual terms of this Release and is signing Agreement and, if you execute this Release knowingly and voluntarily Agreement, you will have seven (7) days to consider whether to revoke your acceptance of his own free willthis Agreement; (c) He is not entitled to You are, through this Agreement, releasing the Severance Payment unless he agrees to Release Parties from any and honors all claims which you may have against any of the terms of this ReleaseRelease Parties; (d) He has been given at least twenty-one (21) calendar days You are knowingly and voluntarily intending to consider be legally bound by this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this ReleaseAgreement; (e) He may You have been advised to consult with an attorney prior to signing this Agreement; (f) You understand that you will not be entitled to any portion of the Severance unless (i) you sign and return this Agreement to the Company at [insert contact info] not later than [insert date that is 21 days after the Termination Date], and (ii) you do not revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after Agreement during the seven (7) day period of revocation has expired without revocation, after the date on which you sign and that if he revokes return this Release within the seven (7) day revocation period, he will not receive the Severance PaymentAgreement; (fg) He has read You are providing the release and understands the Release and further understands that, subject discharge set forth in this Agreement only in exchange for consideration in addition to the limitations contained herein, it includes a general release anything of value to which you are already entitled; (h) You have made no assignment or transfer of any Claim covered by Section 5(a) above; (i) The Severance is in full satisfaction of any and all known and unknownclaims for payments or benefits, foreseen whether express or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release implied, that he you may have against the EmployerCompany and its subsidiaries and affiliates arising out of your employment with the Company and the termination thereof; and (gj) No statements made Neither this Agreement, nor the furnishing of the consideration for this Agreement, shall be deemed or conduct construed at any time to be an admission by the Employer has in Company or any way coerced Released Party of any improper or unduly influenced him to execute this Releaseunlawful conduct.

Appears in 8 contracts

Sources: Employment Agreement (RespireRx Pharmaceuticals Inc.), Employment Agreement (RespireRx Pharmaceuticals Inc.), Employment Agreement (Cortex Pharmaceuticals Inc/De/)

Acknowledgments. The Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this ReleaseRelease Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release Agreement knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he or she expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he or she revokes this Release within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this Release.

Appears in 6 contracts

Sources: Employment Agreement (Wellcare Health Plans, Inc.), Severance Agreement (Wellcare Health Plans, Inc.), Employment Agreement (Wellcare Health Plans, Inc.)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this Release; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes this Release within the seven (7) day revocation period, he will shall not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this Release.

Appears in 6 contracts

Sources: Employment Agreement (Advisory Board Co), Employment Agreement (Advisory Board Co), Employment Agreement (Advisory Board Co)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this Release; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes this Release within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this Release.

Appears in 5 contracts

Sources: Employment Agreement (Morgans Hotel Group Co.), Employment Agreement (Morgans Hotel Group Co.), Employment Agreement (Morgans Hotel Group Co.)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He Executive acknowledges that: (a) He Executive is hereby advised in writing to consult an attorney before signing this Release; (b) He Executive has relied solely on his Executive’s own judgment and/or that of his Executive’s attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his Executive’s own free will; (c) He Executive is not entitled to the Severance Payment unless he Executive agrees to and honors the terms of this Release; (d) He Executive has been given at least twenty-one (21) calendar days to consider this Release, or he Executive expressly waives his the right to have at least twenty-one (21) days to consider this Release; (e) He Executive may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He Executive further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he Executive revokes this Release within the seven (7) day revocation period, he Executive will not receive the Severance Payment; (f) He Executive has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he Executive may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him Executive to execute this Release.

Appears in 4 contracts

Sources: Employment Agreement (Walker & Dunlop, Inc.), Employment Agreement (Walker & Dunlop, Inc.), Employment Agreement (Walker & Dunlop, Inc.)

Acknowledgments. Executive is By signing this Release knowingly General Release, the Executive hereby represents, certifies and voluntarily. He acknowledges thatthat the Executive: (a) He is hereby advised in writing to consult an attorney has received a copy of the Agreement and this General Release for review and study before signing this Releaseexecuting the Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding read the consideration for Agreement and the terms of this General Release and is carefully before signing this Release knowingly and voluntarily of his own free willGeneral Release; (c) He is not entitled has had sufficient opportunity before signing this General Release to ask any questions the Severance Payment unless he agrees Executive has about the Agreement or this General Release and has received satisfactory answers to and honors the terms of this Releaseall such questions; (d) He understands the Executive’s rights and obligations under the Agreement and this General Release; (e) understands that the Agreement and this General Release are legal documents, and that by signing this General Release the Executive is giving up certain legal rights including but not limited to rights under the Age Discrimination in Employment Act, 29 U.S.C. ss. 621 et seq. and the other matters covered in paragraph 3 hereof; (f) understands and agrees that the execution of this General Release is a condition precedent, and material inducement to the Company’s provision of payments made to Executive pursuant to Section 3.5, or 4.2 of the Agreement and such payments, subject to the conditions stated therein, constitute sufficient additional consideration in exchange for the Executive’s promises and obligations contained herein; (g) knowingly and voluntarily agreed to accept the payments described in Section 3.5, or 4.2 of the Agreement, subject to the conditions stated therein, as a full and final compromise, adjustment and settlement of all potential claims herein described; (h) has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Release;General Release and that he or she has been advised to consult with an attorney about its terms, and if the Executive has executed this General Release prior to the expiration of the twenty-one (21) day period, that he or she was afforded the opportunity to consider this General Release for twenty-one (21) days before executing it and that the Executive’s execution of this General Release prior to the expiration of such twenty-one (21) day period was his or her free and voluntary act; and (ei) He understands that he or she may revoke this General Release within seven (7) calendar days after signing he or she signs it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes the Executive does not revoke this General Release within that time, this General Release becomes effective and enforceable by both parties immediately after the seven (7) expiration of such seven-day period. The Executive also understands that any revocation period, must be in writing and must be received by the Company no later than the close of business on the seventh day after his or her execution of this General Release. The Executive acknowledges that the Company has given the Executive enough time to consult with his or her family and other advisers and to consider whether he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject or she should agree to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing terms of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him to execute this General Release.

Appears in 4 contracts

Sources: Executive Employment Agreement (Express Scripts Inc), Executive Employment Agreement (Express Scripts Inc), Executive Employment Agreement (Express Scripts Inc)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this Release; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes this Release within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer, including claims under various civil rights laws, including the Age Discrimination in Employment Act and the Older Worker Benefit Protection Act; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him to execute this Release.

Appears in 4 contracts

Sources: Employment Agreement (Chesapeake Lodging Trust), Employment Agreement (Chesapeake Lodging Trust), Employment Agreement (Chesapeake Lodging Trust)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby h▇▇▇▇▇ advised in writing to consult an attorney before signing this Release; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes this Release within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly u▇▇▇▇▇ influenced him to execute this Release.

Appears in 3 contracts

Sources: Employment Agreement (RLJ Lodging Trust), Employment Agreement (RLJ Lodging Trust), Employment Agreement (RLJ Lodging Trust)

Acknowledgments. Executive is By signing this Release knowingly General Release, the Executive hereby represents, certifies and voluntarily. He acknowledges thatthat the Executive: (a) He is hereby advised in writing to consult an attorney has received a copy of the Agreement and this General Release for review and study before signing this Releaseexecuting the Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding read the consideration for Agreement and the terms of this General Release and is carefully before signing this Release knowingly and voluntarily of his own free willGeneral Release; (c) He is not entitled has had sufficient opportunity before signing this General Release to ask any questions the Severance Payment unless he agrees Executive has about the Agreement or this General Release and has received satisfactory answers to and honors the terms of this Releaseall such questions; (d) He understands the Executive's rights and obligations under the Agreement and this General Release; (e) understands that the Agreement and this General Release are legal documents, and that by signing this General Release the Executive is giving up certain legal rights including but not limited to rights under the Age Discrimination in Employment Act, 29 U.S.C. ss. 621 et seq. and the other matters covered in paragraph 3 hereof; (f) understands and agrees that the execution of this General Release is a condition precedent, and material inducement to the Company's provision of payments made to Executive pursuant to Section 4.2 or 4.5 of the Agreement and such payments, subject to the conditions stated therein, constitute sufficient additional consideration in exchange for the Executive's promises and obligations contained herein; (g) knowingly and voluntarily agreed to accept the payments described in Section 4.2 or 4.5 of the Agreement, subject to the conditions stated therein, as a full and final compromise, adjustment and settlement of all potential claims herein described; (h) has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Release;General Release and that he or she has been advised to consult with an attorney about its terms, and if the Executive has executed this General Release prior to the expiration of the twenty-one (21) day period, that he or she was afforded the opportunity to consider this General Release for twenty-one (21) days before executing it and that the Executive's execution of this General Release prior to the expiration of such twenty-one (21) day period was his or her free and voluntary act; and (ei) He understands that he or she may revoke this General Release within seven (7) calendar days after signing he or she signs it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes the Executive does not revoke this General Release within that time, this General Release becomes effective and enforceable by both parties immediately after the seven (7) expiration of such seven-day period. The Executive also understands that any revocation period, he will not receive the Severance Payment; (f) He has read must be in writing and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct must be received by the Employer has in any way coerced or unduly influenced him to execute this Release.Company no later than the

Appears in 3 contracts

Sources: Executive Employment Agreement (Express Scripts Inc), Executive Employment Agreement (Express Scripts Inc), Executive Employment Agreement (Express Scripts Inc)

Acknowledgments. The Executive is signing this Waiver and Release Agreement knowingly and voluntarily. He acknowledges that: (a) a. He is hereby advised in writing to consult an attorney before signing this ReleaseWaiver and Release Agreement; (b) b. He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this the Waiver and Release Agreement and is signing this Waiver and Release Agreement knowingly and voluntarily of his own free will; (c) c. He is not entitled to the Severance Payment unless he agrees to and honors the terms of this ReleaseWaiver and Release Agreement and continues to honor the surviving terms of the Employment Agreement, including, but not limited to, Section 8 (Confidentiality; Non-Competition and Non-Disclosure; Executive Cooperation; Non-Disparagement) of the Employment Agreement; (d) d. He has been given at least twentyforty-one five (2145) calendar days to consider this ReleaseWaiver and Release Agreement, or and if he expressly waives his right signs this Waiver and Release Agreement prior to have at least twentythe end of the forty-one five (21) days to consider this Release45)-day period, he has done so voluntarily; (e) e. He may revoke this Waiver and Release Agreement within seven (7) calendar days after signing it by submitting a written notice of revocation to the EmployerCompany. He further understands that this Waiver and Release Agreement is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes this Waiver and Release Agreement within the seven (7) day 7)-day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him to execute this Release.

Appears in 2 contracts

Sources: Executive Employment Agreement (Kite Realty Group Trust), Executive Employment Agreement (Kite Realty Group Trust)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby ▇▇▇▇▇▇ advised in writing to consult an attorney before signing this Release; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes this Release within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly ▇▇▇▇▇▇ influenced him to execute this Release.

Appears in 2 contracts

Sources: Employment Agreement (RLJ Lodging Trust), Employment Agreement (RLJ Lodging Trust)

Acknowledgments. Executive is By signing this Release knowingly General Release, the Executive hereby represents, certifies and voluntarily. He acknowledges thatthat the Executive: (a) He is hereby advised in writing to consult an attorney has received a copy of the Agreement and this General Release for review and study before signing this Releaseexecuting the Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding read the consideration for Agreement and the terms of this General Release and is carefully before signing this Release knowingly and voluntarily of his own free willGeneral Release; (c) He is not entitled has had sufficient opportunity before signing this General Release to ask any questions the Severance Payment unless he agrees Executive has about the Agreement or this General Release and has received satisfactory answers to and honors the terms of this Releaseall such questions; (d) He understands the Executive’s rights and obligations under the Agreement and this General Release; (e) understands that the Agreement and this General Release are legal documents, and that by signing this General Release the Executive is giving up certain legal rights including but not limited to rights under the Age Discrimination in Employment Act, 29 U.S.C. ss. 621 et seq. and the other matters covered in paragraph 3 hereof; (f) understands and agrees that the execution of this General Release is a condition precedent, and material inducement to the Company’s provision of payments made to Executive pursuant to Section 4.2 or 4.5 of the Agreement and such payments, subject to the conditions stated therein, constitute sufficient additional consideration in exchange for the Executive’s promises and obligations contained herein; (g) knowingly and voluntarily agreed to accept the payments described in Section 4.2 or 4.5 of the Agreement, subject to the conditions stated therein, as a full and final compromise, adjustment and settlement of all potential claims herein described; (h) has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Release;General Release and that he or she has been advised to consult with an attorney about its terms, and if the Executive has executed this General Release prior to the expiration of the twenty-one (21) day period, that he or she was afforded the opportunity to consider this General Release for twenty-one (21) days before executing it and that the Executive’s execution of this General Release prior to the expiration of such twenty-one (21) day period was his free and voluntary act; and (ei) He understands that he or she may revoke this General Release within seven (7) calendar days after signing he or she signs it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes the Executive does not revoke this General Release within that time, this General Release becomes effective and enforceable by both parties immediately after the seven (7) expiration of such seven-day period. The Executive also understands that any revocation period, must be in writing and must be received by the Company no later than the close of business on the seventh day after his execution of this General Release. The Executive acknowledges that the Company has given the Executive enough time to consult with his family and other advisers and to consider whether he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject or she should agree to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing terms of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him to execute this General Release.

Appears in 2 contracts

Sources: Executive Employment Agreement (Express Scripts Inc), Executive Employment Agreement (Express Scripts Inc)

Acknowledgments. Executive is By signing this Release knowingly General Release, the Executive hereby represents, certifies and voluntarily. He acknowledges thatthat the Executive: (a) He is hereby advised in writing to consult an attorney has received a copy of the Agreement and this General Release for review and study before signing this Releaseexecuting the Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding read the consideration for Agreement and the terms of this General Release and is carefully before signing this Release knowingly and voluntarily of his own free willGeneral Release; (c) He is not entitled has had sufficient opportunity before signing this General Release to ask any questions the Severance Payment unless he agrees Executive has about the Agreement or this General Release and has received satisfactory answers to and honors the terms of this Releaseall such questions; (d) He understands the Executive’s rights and obligations under the Agreement and this General Release; (e) understands that the Agreement and this General Release are legal documents, and that by signing this General Release the Executive is giving up certain legal rights including but not limited to rights under the Age Discrimination in Employment Act, 29 U.S.C. ss. 621 et seq. and the other matters covered in paragraph 3 hereof; (f) understands and agrees that the execution of this General Release is a condition precedent, and material inducement to the Company’s provision of payments made to Executive pursuant to Section 3.5, 3.6 or 4.2 of the Agreement and such payments, subject to the conditions stated therein, constitute sufficient additional consideration in exchange for the Executive’s promises and obligations contained herein; (g) knowingly and voluntarily agreed to accept the payments described in Section 3.5, 3.6 or 4.2 of the Agreement, subject to the conditions stated therein, as a full and final compromise, adjustment and settlement of all potential claims herein described; (h) has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Release;General Release and that he or she has been advised to consult with an attorney about its terms, and if the Executive has executed this General Release prior to the expiration of the twenty-one (21) day period, that he or she was afforded the opportunity to consider this General Release for twenty-one (21) days before executing it and that the Executive’s execution of this General Release prior to the expiration of such twenty-one (21) day period was his or her free and voluntary act; and (ei) He understands that he or she may revoke this General Release within seven (7) calendar days after signing he or she signs it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes the Executive does not revoke this General Release within that time, this General Release becomes effective and enforceable by both parties immediately after the seven (7) expiration of such seven-day period. The Executive also understands that any revocation period, must be in writing and must be received by the Company no later than the close of business on the seventh day after his or her execution of this General Release. The Executive acknowledges that the Company has given the Executive enough time to consult with his or her family and other advisers and to consider whether he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject or she should agree to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing terms of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him to execute this General Release.

Appears in 2 contracts

Sources: Executive Employment Agreement (Express Scripts Inc), Executive Employment Agreement (Express Scripts Inc)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He Executive acknowledges that: (a) He Executive is hereby advised in writing to consult an attorney before signing this Release; (b) He Executive has relied solely on his Executive’s own judgment and/or that of his Executive’s attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his Executive’s own free will; (c) He Executive is not entitled to the Severance Payment unless he Executive agrees to and honors the terms of this Release; (d) He Executive has been given at least twenty-one (21) calendar days to consider this Release, or he Executive expressly waives his the right to have at least twenty-one (21) days to consider this Release; (e) He Executive may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He Executive further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he Executive revokes this Release within the seven (7) day revocation period, he Executive will not receive the Severance Payment; (f) He Executive has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he Executive may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him Executive to execute this Release.. ​ ​

Appears in 2 contracts

Sources: Employment Agreement (Walker & Dunlop, Inc.), Employment Agreement (Walker & Dunlop, Inc.)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He The Employee acknowledges that: (a) He is hereby advised in writing a. Before entering into this Release Agreement, the Employee has had the opportunity to consult an any attorney before signing this Releaseor other advisor of the Employee’s choice, and the Employee has been advised to do so if the Employee chooses; (b) He b. The Employee has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of entered into this Release and is signing this Release knowingly and voluntarily Agreement of his the Employee’s own free will, and no promises or representations have been made to the Employee by any person to induce the Employee to enter into this Release Agreement other than the express terms set forth herein; (c) He c. The Employee has read this Release Agreement and understands all of its terms, including the release of claims and covenant not to sue set forth in Section 1 above; d. The Severance is not entitled to the Severance Payment unless he agrees to and honors the terms in consideration of this Releaserelease of claims and covenant not to sue and constitute consideration in addition to anything of value to which the Employee is already entitled; (d) He e. The Employee has been given at least twenty-one (21) calendar 21 days within which to consider this Release, or he expressly waives his right Release Agreement (although the Employee may choose voluntarily to have at least twenty-one (21) days to consider this Releasesign it sooner); (e) He may f. The Employee has seven days following the date the Employee signs this Release Agreement to revoke this Release within seven (7) calendar days after signing it Agreement, which revocation will be effected by submitting the Employee’s delivery of a written notice of such revocation to the Employer. He further understands that this [●]; and g. This Release is Agreement will not become effective or enforceable until after the seven (7) first day period following the expiration of revocation has expired without revocation, and that if he revokes this Release within the seven (7) seven-day revocation period, he will not receive provided that the Severance Payment; (f) He Employee has read and understands the Release and further understands thatsigned, subject returned to the limitations contained herein, it includes a general release of any Company and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of not revoked this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him to execute this ReleaseAgreement.

Appears in 2 contracts

Sources: Employment Agreement (Profound Medical Corp.), Employment Agreement (Profound Medical Corp.)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He She acknowledges that: (a) He She is hereby advised in writing to consult an attorney before signing this Release; (b) He She has relied solely on his her own judgment and/or that of his her attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his her own free will; (c) He She is not entitled to the Severance Payment unless he she agrees to and honors the terms of this Release; (d) He She has been given at least twenty-one (21) calendar days to consider this Release, or he she expressly waives his her right to have at least twenty-one (21) days to consider this Release; (e) He She may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He She further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he she revokes this Release within the seven (7) day revocation period, he she will not receive the Severance Payment; (f) He She has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his her signing of this Release that he she may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him her to execute this Release.

Appears in 2 contracts

Sources: Employment Agreement (RLJ Lodging Trust), Employment Agreement (RLJ Lodging Trust)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He Executive acknowledges that: (a) He Executive is hereby ▇▇▇▇▇▇ advised in writing to consult an attorney before signing this Release; (b) He Executive has relied solely on his Executive’s own judgment and/or that of his Executive’s attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his Executive’s own free will; (c) He Executive is not entitled to the Severance Payment unless he Executive agrees to and honors the terms of this Release; (d) He Executive has been given at least twenty-one (21) calendar days to consider this Release, or he Executive expressly waives his the right to have at least twenty-one (21) days to consider this Release; (e) He Executive may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He Executive further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he Executive revokes this Release within the seven (7) day revocation period, he Executive will not receive the Severance Payment;; ​ ​ ​ (f) He Executive has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he Executive may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him Executive to execute this Release.

Appears in 1 contract

Sources: Employment Agreement (Walker & Dunlop, Inc.)

Acknowledgments. The Executive is signing singing this Waiver and Release Agreement knowingly and voluntarily. He or she acknowledges that: (a) He or she is hereby advised in writing to consult an attorney before signing this ReleaseWaiver and Release Agreement; (b) He or she has relied solely on his or her own judgment and/or that of his or her attorney regarding the consideration for and the terms of this the Waiver and Release Agreement and is signing this Waiver and Release Agreement knowingly and voluntarily of his or her own free will; (c) He or she is not entitled to the Severance Payment unless he or she agrees to and honors the terms of this ReleaseWaiver and Release Agreement; (d) He or she has been given at least twentyforty-one five (2145) calendar days to consider this ReleaseWaiver and Release Agreement, or he or she expressly waives his or her right to have at least twentyforty-one five (2145) days to consider this ReleaseWaiver and Release Agreement; (e) He or she may revoke this Waiver and Release Agreement within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He or she further understands that this Waiver and Release Agreement is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he or she revokes this Waiver and Release Agreement within the seven (7) day revocation period, he or she will not receive the Severance Payment; (f) He or she has read and understands the Waiver and Release Agreement and further understands that, subject to the limitations contained herein, that it includes a general release of any and all known and unknown, foreseen or and unforeseen claims presently asserted or otherwise arising through the date of his or her signing of this Waiver and Release Agreement that he or she may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this ReleaseWaiver and Release Agreement.

Appears in 1 contract

Sources: Executive Employment Agreement (Colfax CORP)

Acknowledgments. The Executive is signing this Waiver and Release Agreement knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this ReleaseWaiver and Release Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Waiver and Release Agreement and is signing this Waiver and Release Agreement knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this ReleaseWaiver and Release Agreement; (d) He has been given at least [twenty-one (21) )] [forty-five (45)] calendar days to consider this ReleaseWaiver and Release Agreement, or he expressly waives his right to have at least [twenty-one (21) )] [forty-five (45)] days to consider this ReleaseWaiver and Release Agreement; (e) He may revoke this Waiver and Release Agreement within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Waiver and Release Agreement is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes this Waiver and Release Agreement within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Waiver and Release Agreement and further understands that, subject to the limitations contained herein, that it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Waiver and Release Agreement that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this ReleaseWaiver and Release Agreement.

Appears in 1 contract

Sources: Executive Employment Agreement (Colfax CORP)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He She acknowledges that: (a) He She is hereby h▇▇▇▇▇ advised in writing to consult an attorney before signing this Release; (b) He She has relied solely on his her own judgment and/or that of his her attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his her own free will; (c) He She is not entitled to the Severance Payment unless he she agrees to and honors the terms of this Release; (d) He She has been given at least twenty-one (21) calendar days to consider this Release, or he she expressly waives his her right to have at least twenty-one (21) days to consider this Release; (e) He She may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He She further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he she revokes this Release within the seven (7) day revocation period, he she will not receive the Severance Payment; (f) He She has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his her signing of this Release that he she may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly u▇▇▇▇▇ influenced him her to execute this Release.

Appears in 1 contract

Sources: Employment Agreement (RLJ Lodging Trust)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He She acknowledges that: (a) He She is hereby advised in writing to consult an attorney before signing this Release; (b) He She has relied solely on his her own judgment and/or that of his her attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his her own free will; (c) He She is not entitled to the Severance Payment unless he she agrees to and honors the terms of this Release; (d) He She has been given at least twenty-one (21) calendar days to consider this Release, or he she expressly waives his her right to have at least twenty-one (21) days to consider this Release; (e) He She may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He She further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he she revokes this Release within the seven (7) day revocation period, he she will not receive the Severance Payment; (f) He She has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his her signing of this Release that he she may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him to execute this Release.

Appears in 1 contract

Sources: Separation Agreement (Walker & Dunlop, Inc.)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this ReleaseRelease Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release Agreement knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment Payments unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he or she revokes this Release within the seven (7) day revocation period, he will not receive the Severance PaymentPayments; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this Release.

Appears in 1 contract

Sources: Separation Agreement (New Generation Biofuels Holdings, Inc)

Acknowledgments. The Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult toconsult an attorney before signing this ReleaseRelease Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release Agreement knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he or she expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he or she revokes this Release within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this Release.

Appears in 1 contract

Sources: Employment Agreement (Wellcare Health Plans, Inc.)

Acknowledgments. The Executive is signing this Waiver and Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this Waiver and Release; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Waiver and Release and is signing this Waiver and Release knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Waiver and Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Waiver and Release; (e) He may revoke this Waiver and Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the EmployerCompany. He further understands that this Waiver and Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes this Waiver and Release within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Waiver and Release and further understands that, subject to the limitations contained herein, that it includes a general release of any and all known and unknown, disclosed and undisclosed, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Waiver and Release that he may have against the EmployerReleased Parties; and (g) No statements made or conduct by the Employer Released Parties has in any way coerced or unduly influenced him him/her to execute this Waiver and Release.

Appears in 1 contract

Sources: Executive Retention Agreement (Arbitron Inc)

Acknowledgments. The Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) a. He is hereby advised in writing to consult an attorney before signing this Release; (b) b. He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his own free will; (c) c. He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Release; (d) d. He has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) e. He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes this Release within the seven (7) day revocation period, he will not receive the Severance Payment; (f) f. He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) g. No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this Release.

Appears in 1 contract

Sources: Master Purchase Agreement (Morgans Hotel Group Co.)

Acknowledgments. The Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this Release; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) 21 calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) 21 days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) seven-day period of revocation has expired without revocation, and that if he revokes this Release within the seven (7) seven-day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this Release.

Appears in 1 contract

Sources: Employment Agreement (Wellcare Health Plans, Inc.)

Acknowledgments. The Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this ReleaseRelease Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release Agreement knowingly and voluntarily of his own free will; (c) He is not entitled to the severance payment under Section 7 of the Employment Agreement (the "Severance Payment Payment") unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he or she expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes this Release within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date ▇▇▇▇ of his signing of this Release that he may have against the EmployerEmployer concerning his employment or separation from employment; and (g) No statements made or conduct by the Employer has in any way coerced or unduly ▇▇▇▇▇▇ influenced him or her to execute this Release.

Appears in 1 contract

Sources: Employment Agreement (Wellcare Health Plans, Inc.)

Acknowledgments. The Executive is signing this Waiver and Release Agreement knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this ReleaseWaiver and Release Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Waiver and Release Agreement and is signing this Waiver and Release Agreement knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this ReleaseWaiver and Release Agreement; (d) He has been given at least twentyforty-one five (2145) calendar days to consider this ReleaseWaiver and Release Agreement, or he expressly waives his right to have at least twentyforty-one five (2145) days to consider this ReleaseWaiver and Release Agreement; (e) He may revoke this Waiver and Release Agreement within seven (7) calendar days after signing it by submitting a written notice of revocation to the EmployerCompany. He further understands that this Waiver and Release Agreement is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes this Waiver and Release Agreement within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Waiver and Release Agreement and further understands that, subject to the limitations contained herein, that it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Waiver and Release Agreement that he may have against the EmployerCompany; and (g) No statements made or conduct by the Employer Company has in any way coerced or unduly influenced him to execute this ReleaseWaiver and Release Agreements.

Appears in 1 contract

Sources: Executive Retention Agreement (Arbitron Inc)

Acknowledgments. Executive The Employee is signing this Waiver and Release Agreement knowingly and voluntarily. He or she acknowledges that: (a) He or she is hereby advised in writing to consult an attorney before signing this ReleaseWaiver and Release Agreement; (b) He or she has relied solely on his or her own judgment and/or that of his or her attorney regarding the consideration for and the terms of this Waiver and Release Agreement and is signing this Waiver and Release Agreement knowingly and voluntarily of his or her own free will; (c) He or she is not entitled to the Severance Payment unless he or she agrees to and honors the terms of this ReleaseWaiver and Release Agreement; (d) He or she has been given at least twenty-one (21) calendar days to consider this ReleaseWaiver and Release Agreement, or he or she expressly waives his or her right to have at least twenty-one (21) days to consider this ReleaseWaiver and Release Agreement; (e) He or she may revoke this Waiver and Release Agreement within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He or she further understands that this Waiver and Release Agreement is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he or she revokes this Waiver and Release Agreement within the seven (7) day revocation period, he or she will not receive the Severance Payment; (f) He or she has read and understands the Waiver and Release Agreement and further understands that, subject to the limitations contained herein, that it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his or her signing of this Waiver and Release Agreement that he or she may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this ReleaseWaiver and Release Agreement.

Appears in 1 contract

Sources: Severance Agreement (Helicos Biosciences Corp)

Acknowledgments. The Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this ReleaseRelease Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release Agreement knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he or she expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he or she revokes this Release within the seven (7) day revocation period, he will not receive the Severance PaymentPay; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this Release.

Appears in 1 contract

Sources: Employment Agreement (Wellcare Health Plans, Inc.)

Acknowledgments. The Executive is signing this Waiver and Release Agreement knowingly and voluntarily. He acknowledges that: (af) He is hereby advised in writing to consult an attorney before signing this ReleaseWaiver and Release Agreement; (bg) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this the Waiver and Release Agreement and is signing this Waiver and Release Agreement knowingly and voluntarily of his own free will; (ch) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this ReleaseWaiver and Release Agreement and continues to honor the surviving terms of the Employment Agreement, including, but not limited to, Section 8 (Confidentiality; Non-Competition and Non-Disclosure; Executive Cooperation; Non-Disparagement) of the Employment Agreement; (di) He has been given at least twentyforty-one five (2145) calendar days to consider this ReleaseWaiver and Release Agreement, or and if he expressly waives his right signs this Waiver and Release Agreement prior to have at least twentythe end of the forty-one five (2145) days to consider this Releaseday period, he has done so voluntarily; (ej) He may revoke this Waiver and Release Agreement within seven (7) calendar days after signing it by submitting a written notice of revocation to the EmployerCompany. He further understands that this Waiver and Release Agreement is not effective or enforceable until after the seven (7) day 7)-day period of revocation has expired without revocation, and that if he revokes this Waiver and Release Agreement within the seven (7) day 7)-day revocation period, he will not receive the Severance Payment; (fk) He has read and understands the Waiver and Release Agreement and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or and unforeseen claims presently asserted or otherwise arising through the date of his signing of this Waiver and Release Agreement that he may have against the Employer; and (gl) No statements made or conduct by the Employer has in any way coerced or unduly influenced him to execute this ReleaseWaiver and Release Agreement.

Appears in 1 contract

Sources: Executive Employment Agreement (Kite Realty Group Trust)

Acknowledgments. Executive is By signing this Release knowingly General Release, the Executive hereby represents, certifies and voluntarily. He acknowledges thatthat the Executive: (a) He is hereby advised in writing to consult an attorney has received a copy of the Agreement and this General Release for review and study before signing this Releaseexecuting the Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding read the consideration for Agreement and the terms of this General Release and is carefully before signing this Release knowingly and voluntarily of his own free willGeneral Release; (c) He is not entitled has had sufficient opportunity before signing this General Release to ask any questions the Severance Payment unless he agrees Executive has about the Agreement or this General Release and has received satisfactory answers to and honors the terms of this Releaseall such questions; (d) He understands the Executive's rights and obligations under the Agreement and this General Release; (e) understands that the Agreement and this General Release are legal documents, and that by signing this General Release the Executive is giving up certain legal rights including but not limited to rights under the Age Discrimination in Employment Act, 29 U.S.C. ss. 621 et seq. and the other matters covered in paragraph 3 hereof; (f) understands and agrees that the execution of this General Release is a condition precedent, and material inducement to the Company's provision of payments made to Executive pursuant to Section 4.2 or 4.5 of the Agreement and such payments, subject to the conditions stated therein, constitute sufficient additional consideration in exchange for the Executive's promises and obligations contained herein; (g) knowingly and voluntarily agreed to accept the payments described in Section 4.2 or 4.5 of the Agreement, subject to the conditions stated therein, as a full and final compromise, adjustment and settlement of all potential claims herein described; (h) has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Release;General Release and that he or she has been advised to consult with an attorney about its terms, and if the Executive has executed this General Release prior to the expiration of the twenty-one (21) day period, that he or she was afforded the opportunity to consider this General Release for twenty-one (21) days before executing it and that the Executive's execution of this General Release prior to the expiration of such twenty-one (21) day period was his or her free and voluntary act; and (ei) He understands that he or she may revoke this General Release within seven (7) calendar days after signing he or she signs it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes the Executive does not revoke this General Release within that time, this General Release becomes effective and enforceable by both parties immediately after the seven (7) expiration of such seven-day period. The Executive also understands that any revocation period, must be in writing and must be received by the Company no later than the close of business on the seventh day after his or her execution of this General Release. The Executive acknowledges that the Company has given the Executive enough time to consult with his or her family and other advisers and to consider whether he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject or she should agree to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing terms of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him to execute this General Release.

Appears in 1 contract

Sources: Executive Employment Agreement (Express Scripts Inc)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this Release; (b) He has relied solely on his her own judgment and/or that of his her attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his her own free will; (c) He is not entitled to the Severance Payment unless he she agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he she expressly waives his her right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he she revokes this Release within the seven (7) day revocation period, he she will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his her signing of this Release that he she may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him her to execute this Release.

Appears in 1 contract

Sources: Employment Agreement (Walker & Dunlop, Inc.)

Acknowledgments. The Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this ReleaseRelease Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release Agreement knowingly and voluntarily of his own free will; (c) He is not entitled to the severance payment under Section 7 of the Employment Agreement (the “Severance Payment Payment”) unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he or she expressly waives his right to have at least twenty-one (21) days to consider this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes this Release within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all andall known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the EmployerEmployer concerning his employment or separation from employment; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this Release.

Appears in 1 contract

Sources: Employment Agreement (Wellcare Health Plans, Inc.)

Acknowledgments. Executive is By signing this Release knowingly General Release, the Executive hereby represents, certifies and voluntarily. He acknowledges thatthat the Executive: (a) He is hereby advised in writing to consult an attorney has received a copy of the Agreement and this General Release for review and study before signing this Releaseexecuting the Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding read the consideration for Agreement and the terms of this General Release and is carefully before signing this Release knowingly and voluntarily of his own free willGeneral Release; (c) He is not entitled has had sufficient opportunity before signing this General Release to ask any questions the Severance Payment unless he agrees Executive has about the Agreement or this General Release and has received satisfactory answers to and honors the terms of this Releaseall such questions; (d) He understands the Executive’s rights and obligations under the Agreement and this General Release; (e) understands that the Agreement and this General Release are legal documents, and that by signing this General Release the Executive is giving up certain legal rights including but not limited to rights under the Age Discrimination in Employment Act, 29 U.S.C. ss. 621 et seq. and the other matters covered in paragraph 3 hereof; (f) understands and agrees that the execution of this General Release is a condition precedent, and material inducement to the Company’s provision of payments made to Executive pursuant to Section 3.5 or 4.2 of the Agreement and such payments, subject to the conditions stated therein, constitute sufficient additional consideration in exchange for the Executive’s promises and obligations contained herein; (g) knowingly and voluntarily agreed to accept the payments described in Section 3.5 or 4.2 of the Agreement, subject to the conditions stated therein, as a full and final compromise, adjustment and settlement of all potential claims herein described; (h) has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have at least twenty-one (21) days to consider this Release;General Release and that he or she has been advised to consult with an attorney about its terms, and if the Executive has executed this General Release prior to the expiration of the twenty-one (21) day period, that he or she was afforded the opportunity to consider this General Release for twenty-one (21) days before executing it and that the Executive’s execution of this General Release prior to the expiration of such twenty-one (21) day period was his free and voluntary act; and (ei) He understands that he or she may revoke this General Release within seven (7) calendar days after signing he or she signs it by submitting a written notice of revocation to the Employer. He further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes the Executive does not revoke this General Release within that time, this General Release becomes effective and enforceable by both parties immediately after the seven (7) expiration of such seven-day period. The Executive also understands that any revocation period, must be in writing and must be received by the Company no later than the close of business on the seventh day after his execution of this General Release. The Executive acknowledges that the Company has given the Executive enough time to consult with his family and other advisers and to consider whether he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject or she should agree to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing terms of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him to execute this General Release.

Appears in 1 contract

Sources: Executive Employment Agreement (Express Scripts Inc)

Acknowledgments. Executive is signing this Release knowingly further expressly acknowledges and voluntarily. He acknowledges agrees that: : (a) He this Release is part of an agreement between Executive and Company and it has been written so that Executive understands it; (b) this Release specifically refers to rights or claims under the ADEA; (c) in return for this Release, Executive will receive consideration beyond that which he was already entitled to receive before entering into this Release; (d) he is hereby advised in writing by this Release to consult with an attorney before signing this Release; ; (be) He has relied solely on his own judgment and/or he was informed that he had a period of his attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his own free will; (c) He is not entitled up to the Severance Payment unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) 21 calendar days within which to consider this Release, and that changes (whether material or otherwise) to this Release will not restart the 21-day period; (f) he expressly waives his right knowingly, freely, and voluntarily agrees to have at least twenty-one all of the terms and conditions set out in this Release including, without limitation, the waiver, release, and covenants contained in it; (21g) nothing in this Release prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; (h) he has a period of seven (7) days to consider following the execution of this Release; (e) He Release during which he may revoke this Release within seven (7) calendar days after signing it by submitting a delivering written notice of revocation to the Employer. He further understands that Company in accordance with Section 5(e) of the Separation Agreement, and this Release is shall not become effective or enforceable until after the seven such revocation period has expired; and (7i) day period of revocation has expired without revocation, and he understands that if he revokes this Release within the seven (7) day revocation periodRelease, it will be null and void in its entirety, and he will not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject be entitled to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen payments or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has benefits provided in any way coerced or unduly influenced him to execute this Release, including without limitation those under Section 2 above.

Appears in 1 contract

Sources: Separation Agreement (Conduit Pharmaceuticals Inc.)

Acknowledgments. The Executive is signing this General Release Agreement knowingly and voluntarily. He acknowledges that: (a) He is hereby advised in writing to consult an attorney before signing this ReleaseGeneral Release Agreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this General Release Agreement and is signing this General Release Agreement knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this ReleaseGeneral Release Agreement; (d) He has been given at least twenty-one (21) calendar days to consider this ReleaseGeneral Release Agreement, or he expressly waives his right to have at least twenty-one (21) days to consider this ReleaseGeneral Release Agreement; (e) He may revoke this General Release Agreement within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He further understands that this General Release Agreement is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he revokes this General Release Agreement within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has read and understands the General Release Agreement and further understands that, subject to the limitations contained herein, that it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this General Release Agreement that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him or her to execute this ReleaseGeneral Release Agreement.

Appears in 1 contract

Sources: Employment Agreement (United Western Bancorp Inc)

Acknowledgments. Executive is signing this Release knowingly and voluntarily. He acknowledges that: (a) He She is hereby advised in writing to consult an attorney before signing this Release; (b) He She has relied solely on his her own judgment and/or that of his her attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his her own free will; (c) He She is not entitled to the Severance Payment unless he she agrees to and honors the terms of this Release; (d) He She has been given at least twenty-one (21) calendar days to consider this Release, or he she expressly waives his her right to have at least twenty-one (21) days to consider this Release; (e) He She may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the Employer. He She further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and that if he she revokes this Release within the seven (7) day revocation period, he she will not receive the Severance Payment; (f) He She has read and understands the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his her signing of this Release that he she may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him her to execute this Release.

Appears in 1 contract

Sources: Employment Agreement (RLJ Lodging Trust)

Acknowledgments. Executive is signing Employee hereby acknowledges and agrees: ADEA Waiver. Employee acknowledges and agrees that by entering into this Release knowingly Agreement, he is, among other things, waiving any and voluntarilyall rights that he may have arising from the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended, which have arisen on or before the date of execution of this Agreement. He Employee further expressly acknowledges and agrees that: (a) He Employee is entering this Agreement voluntarily. (b) Employee understands and agrees that, by signing this Agreement, he is giving up any right to file legal proceedings against the any UMB Entity arising before the date of the Agreement. Employee is not waiving (or giving up) rights or claims that may arise after the date the Agreement is executed. (c) In return for this Agreement, Employee will receive compensation in addition to that which he was already entitled to receive before entering this Agreement. (d) Employee is hereby advised in writing by this Agreement to consult with an attorney before signing this Release;Agreement. (be) He Employee understands that he has relied solely on his own judgment and/or that of his attorney regarding the consideration for and the terms of this Release and is signing this Release knowingly and voluntarily of his own free will; (c) He is not entitled to the Severance Payment unless he agrees to and honors the terms of this Release; (d) He has been given at least twenty-one (21) calendar days to consider this Release, or he expressly waives his right to have had at least twenty-one (21) days from the day he received this Agreement, not counting the day upon which he received it, to consider whether he wishes to sign this Release; (e) He may revoke this Release within seven (7) calendar days after signing it by submitting a written notice of revocation to the EmployerAgreement. He Employee further understands that this Release is not effective or enforceable until after the seven (7) day period of revocation has expired without revocation, and acknowledges that if he revokes signs this Release within Agreement before the seven end of the twenty-one (721) day revocation period, it will be his personal, voluntary decision to do so and he will has not receive the Severance Payment; (f) He has read and understands the Release and further understands that, subject been pressured to the limitations contained herein, it includes make a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing of this Release that he may have against the Employer; and (g) No statements made or conduct by the Employer has in any way coerced or unduly influenced him to execute this Releasedecision sooner.

Appears in 1 contract

Sources: Agreement and Release (Umb Financial Corp)

Acknowledgments. Executive is signing this Release knowingly The Employee acknowledges, understands, and voluntarily. He acknowledges agrees that: (a) He is hereby advised in writing to consult an attorney before signing The Employee has read and understands the terms and effect of this ReleaseAgreement; (b) He has relied solely on his own judgment and/or that of his attorney regarding the consideration for The Employee releases and the terms of waives claims under this Release and is signing this Release Agreement knowingly and voluntarily of his own free willvoluntarily; (c) He The Employee hereby is not entitled and has been advised to have the Severance Payment unless he agrees to and honors the terms of Employee’s attorney or other representative review this ReleaseAgreement (at his own cost) before signing it; (d) He The Employee has been given at least twenty-one (21) calendar days from the date of his receipt of this Agreement until the Effective Date to consider whether to execute this Release, or he expressly waives his right to have at least twenty-one Agreement (21) days to consider this Release;“Review Period”); and (e) He may revoke The Employee: (i) is not relying upon any statements, understandings, representations, expectations, or agreements other than those expressly set forth in this Release within seven Agreement; (7ii) calendar days after signing it by submitting a written notice has made his own investigation of revocation to the Employer. He further understands facts and is relying solely upon his own knowledge and the advice of his own legal counsel; (iii) knowingly waives any claim that this Release Agreement was induced by any misrepresentation or nondisclosure and any right to rescind or avoid this Agreement based upon presently existing facts, known or unknown; (iv) is not effective or enforceable until after the seven entering into this Agreement freely and voluntarily; and (7v) day period of revocation has expired without revocation, and that if he revokes this Release within the seven (7) day revocation period, he will not receive the Severance Payment; (f) He has carefully read and understands all of the Release and further understands that, subject to the limitations contained herein, it includes a general release of any and all known and unknown, foreseen or unforeseen claims presently asserted or otherwise arising through the date of his signing provisions of this Release Agreement. Both the Employee and the Company stipulate that he may have against the Employer; and (g) No statements made or conduct by Company is relying upon these representations and warranties in entering into this Agreement. The Employee has been offered and has had the Employer has in any way coerced or unduly influenced him opportunity to execute negotiate all provisions of this ReleaseAgreement. These representations and warranties shall survive the execution of this Agreement.

Appears in 1 contract

Sources: Confidential Separation Agreement and General Release (Akumin Inc.)