Employee and the. Company hereby acknowledge this Agreement shall not become effective or enforceable until the fifteenth (15th) day after it is executed by Employee ("Effective Date") and that Employee may revoke this Agreement at any time before the Effective Date. Employee has been informed and understands that any such revocation must be in writing and delivered to the Company by hand, or sent by mail within the 15-day period. If delivered by mail, the revocation must be: (1) postmarked within the 15-day period, (2) properly addressed as set forth below, and (3) sent by certified mail, return receipt requested. Proper Notice Address for Revocation Purposes Caribou Coffee Company, Inc. Attn: Chief Financial Officer 0000 Xxxxxxxxxx Xxxxxx Xxxxxxxx Xxxxxx, Xxxxxxxxx 00000
Employee and the. Company acknowledge and agree that for purposes of any payments that may become due to the Employee under Section 4(e) of the Agreement, all such payments shall be made when due pursuant to the Agreement, but in each case such payments shall be made no later than sixty (60) days following the date of the Employee’s termination of employment with the Company.
Employee and the. Company each acknowledge that the violation of any of the terms of this General Release and Agreement will cause irreparable harm to the other party and agrees that, in addition to any other relief afforded by law, an injunction against the violation of the General Release and Agreement may issue against the violating party. Both damages and injunction shall be proper modes of relief and are not alternative remedies. If Employee or the Company commences any action in equity to specifically enforce any of that party's respective rights under this General Release and Agreement, the other party waives and agrees not to assert the defense that that party has an adequate remedy at law.
Employee and the. Company agree to keep this Agreement, the negotiations and circumstances surrounding this Agreement, and the terms and provisions of this Agreement strictly confidential and shall not disclose the same to any person, party or other entity, including without limitation to employees of the Company and/or its affiliated companies, other than (i) to Employee's family members, their respective attorneys, tax advisors, or the Internal Revenue Service, (ii) as either of them may be compelled to disclose by law or formal legal process, including, without limitation, the filing of all forms required to be filed by Employee under Section 16 of the Securities Exchange Act, or (iii) to the extent that the existence, terms and/or provisions of this Agreement are disclosed in a filing with the Securities and Exchange Commission or any other governmental agency or authority, or in an exhibit to any such filing, or otherwise become a matter of public record in accordance with the other terms of this Agreement. Employee and the Company shall mutually agree upon a public statement to be made in connection with the retirement of Employee, and shall not otherwise comment or make any written or oral statement thereon, except as and to the extent required by law. In addition, Employee hereby consents to the filing of this Agreement by the Company as an exhibit to any Current Report on Form 8-K that the Company will file with the Securities and Exchange Commission after the execution of this Agreement, if the Company believes such filing is appropriate. If this Agreement is filed as an exhibit to a Form 8-K of the Company, this paragraph shall cease to be of any force or effect.
Employee and the. Company acknowledge and agree that this Agreement constitutes a full, final, and complete settlement of the subject matter hereof and supersedes and replaces any and all other written or oral exchanges, agreements, understandings, arrangements, or negotiations between them relating to the subject matter hereof, except the surviving provisions of the Employment Agreement and the plan documents governing the equity interests described in the Section of this Agreement titled “Equity Interests,” which shall remain in full force and effect after the Separation Date. The parties warrant and represent that there are no other prior or contemporaneous agreements, exchanges, representations, arrangements, or understandings, written or oral, between them relating to the subject matter hereof other than that as set forth herein, and that this Agreement contains the sole and entire agreement between them with respect to the subject matter hereof. In entering into this Agreement, Employee is not relying on any promises, agreements, commitments, arrangements, undertakings, representations, or understandings of any kind or nature not expressly set forth in this Agreement. Employee and the Company further acknowledge and agree that language proposed for, deleted from, or otherwise changed in any drafts of this Agreement but not included herein, will not in any way affect the rights and obligations of the parties.
Employee and the. Company hereby acknowledge this Agreement shall not become effective or enforceable until the fifteenth (15th) day after it is executed by Employee (“Effective Date”) and that Employee may revoke this Agreement at any time before the Effective Date. Employee has been informed and understands that any such revocation must be in writing and delivered to the Company by hand, or sent by mail within the 15-day period. If delivered by mail, the revocation must be: (1) postmarked within the 15-day period, (2) properly addressed as set forth below, and (3) sent by certified mail, return receipt requested. To the Company: Caribou Coffee Company, Inc. Attn: Chief Financial Officer 0000 Xxxxxxxxxx Xxxxxx Xxxxxxxx Xxxxxx, Xxxxxxxxx 00000 Telephone No.: (000) 000-0000 Facsimile No.: (000) 000-0000 With a copy to: Arcapita Inc. Attn.: Xx. Xxxxxxx X. Ogburn 00 Xxxxxxxxxx Xxxxxx, 00xx Xxxxx Xxxxxxx, Xxxxxxx 00000 Telephone No.: (000) 000-0000 Facsimile No.: (000) 000-0000
Employee and the. COMPANY UNDERSTAND THAT BY AGREEING TO ARBITRATE ANY ARBITRATION CLAIM, THEY WILL NOT HAVE THE RIGHT TO HAVE ANY ARBITRATION CLAIM DECIDED BY A JURY OR A COURT, BUT SHALL INSTEAD HAVE ANY ARBITRATION CLAIM DECIDED THROUGH ARBITRATION. EXCEPT AS MAY BE PROHIBITED BY LAW, THIS WAIVER INCLUDES THE ABILITY TO ASSERT CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Employee and the. COMPANY further agree that they and their attorneys will give mutual notice of any such claims. EMPLOYEE agrees that he will cooperate in the defense of such claim. In any action commenced against EMPLOYEE to enforce the provisions of this paragraph, THE COMPANY and its attorneys shall be entitled to recover their attorneys’ fees, costs, disbursements, and the like incurred in prosecuting the action.