EMPLOYEE’S UNDERSTANDING. EMPLOYEE HAS READ AND REVIEWED THIS ENTIRE AGREEMENT AND HAS HAD THE OPPORTUNITY TO REVIEW AND DISCUSS THIS AGREEMENT WITH COUNSEL OF HIS CHOOSING. EMPLOYEE UNDERSTANDS THE PROVISIONS HEREOF AND THE SIGNIFICANCE AND IMPORTANCE OF THE PROVISIONS THEREOF. I UNDERSTAND THAT THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY EITHER PARTY. I ALSO UNDERSTAND THAT AS A CONDITION OF EMPLOYMENT AND CONTINUED EMPLOYMENT, I AGREE TO SUBMIT ANY COMPLAINTS TO AN ARBITRATOR(S) AND AGREE TO ABIDE BY AND ACCEPT THE FINAL DECISION OF THE ARBITRATOR(S) AS THE ULTIMATE RESOLUTION OF MY COMPLAINT(S) FOR ANY AND ALL EVENTS THAT ARISE OUT OF MY EMPLOYMENT OR TERMINATION OF EMPLOYMENT AS PROVIDED FOR IN THIS AGREEMENT.
EMPLOYEE’S UNDERSTANDING. Employee recognizes and agrees that he or she has read and understood all and each Article, Section and paragraph of this Agreement, and that he or she has received adequate explanations on the nature and scope of those Articles, Sections and paragraphs which he or she did not understand. Employee recognizes that he or she has been advised that the Agreement entails important obligations on his or her part, and recognizes that he or she has had the opportunity of consulting his or her legal adviser before signing the Agreement.
EMPLOYEE’S UNDERSTANDING. EMPLOYEE represents and warrants that he/she has read each and every term of this Agreement and understands the serious duties and obligations imposed upon EMPLOYEE thereby. EMPLOYEE further represents and warrants that he/she has had full and ample opportunity to question Anacomp about this Agreement and each of its terms and to consult an attorney regarding this Agreement and each of its terms. EMPLOYEE represents that he/she is free to enter this Agreement and to perform each of its terms and covenants. EMPLOYEE represents that he/she is not restricted or prohibited, contractually or otherwise, from entering into and performing this Agreement, and that his or her execution and performance of this Agreement is not a violation or breach of any other agreement between EMPLOYEE and any other person or entity. DATED: , 19 ----------------------- --- ANACOMP, INC. By: -------------------------------- ------------------------------------ Xxxxxxx X. Xxxx EMPLOYEE (signature) Its: Vice President XXXXX X. XXXXX ------------------------------------ EMPLOYEE (printed) EVP CORPORATE SERVICES & CFO ------------------------------------- Current position POWAY, CA ------------------------------------- Current location ###-##-#### ------------------------------------- Social Security Number
EMPLOYEE’S UNDERSTANDING. I acknowledge that (i) I have read each and every paragraph of this Agreement; (ii) I have had an opportunity to consult with legal counsel concerning the terms of this Agreement; and (iii) that I fully understand this Agreement. I also acknowledge that this Agreement does not supersede any other agreement(s) between me and the Company. IT IS SO AGREED on this day of May, 2014. Xxxxx X. Xxxx EXHIBIT B ARBITRATION AGREEMENT In consideration for my employment with Hawaiian Telcom Holdco, Inc. and any of its subsidiaries and affiliates as may employ me from time to time, I agree that any legal claim that I may have arising out of or relating to my employment will be resolved through final and binding arbitration. The Arbitration Rules, Procedures and Protocols of Dispute Prevention & Resolution, Inc., (“DP&R”) located in Honolulu, Hawaii, as may be amended from time to time, will apply to this Arbitration Agreement. In the event of a dissolution of DP&R, the procedures established in the Hawaii Uniform Arbitration Act, as amended (Haw. Rev. Stat. Chapter 658A) will apply. Notwithstanding any law to the contrary, nothing in this Agreement will empower an arbitrator to provide relief that would exceed that which a court or administrative agency could lawfully provide, according to the cause of action alleged. Understood, accepted and agreed to on this day of May, 2014 Signature Xxxxx X. Xxxx Initials
EMPLOYEE’S UNDERSTANDING. EMPLOYEE represents and warrants that he/she has read each and every term of this Agreement and understands the serious duties and obligations imposed upon EMPLOYEE thereby. EMPLOYEE further represents and warrants that he/she has had full and ample opportunity to question Anacomp about this Agreement and each of its terms and to consult an attorney regarding this Agreement and each of its terms. EMPLOYEE represents that he/she is free to enter this Agreement and to perform each of its terms and covenants. EMPLOYEE represents that he/she is not restricted or prohibited, contractually or otherwise, from entering into and performing this Agreement, and that his or her execution and performance of this Agreement is not a violation or breach of any other agreement between EMPLOYEE and any other person or entity. DATED: , 19 ----------------------- ANACOMP, INC. By: Xxxx X. Xxxxxxxx EMPLOYEE (signature) Its: Vice President EMPLOYEE (printed) Current position Current location Social Security Number
EMPLOYEE’S UNDERSTANDING. Employee acknowledges by signing this Agreement that Employee has read and understands this document, that Employee has conferred with or had opportunity to confer with Employee’s attorneys regarding the terms and meaning of this Agreement, that Employee has had suffi-cient time to consider the terms provided for in this Agreement, that no representations or inducements have been made to Employee except as set forth herein, and that Employee has signed the same KNOWINGLY AND VOLUNTARILY.
EMPLOYEE’S UNDERSTANDING. Employee represents and warrants that he/she has read each and every term of this Agreement and understands the serious duties and obligations imposed upon Employee thereby. Employee further represents and warrants that he/she has had full and ample opportunity to question Anacomp about this Agreement and each of its terms and to consult an attorney regarding this Agreement and each of its terms. Employee represents that he/she is free to enter this Agreement and to perform each of its terms and covenants. Employee represents that he/she is not restricted or prohibited, contractually or otherwise, from entering into and performing this Agreement, and that his or her execution and performance of this Agreement is not a violation or breach of any other agreement between Employee and any other person or entity. Dated: October 11, 1996 ANACOMP, INC.
EMPLOYEE’S UNDERSTANDING. EMPLOYEE ACKNOWLEDGES AND AGREES THAT EMPLOYEE HAS READ AND FULLY UNDERSTANDS THE CONTENTS AND THE EFFECT OF THIS AGREEMENT. EMPLOYEE REPRESENTS AND WARRANTS THAT EMPLOYEE HAS HAD A REASONABLE OPPORTUNITY TO SEEK THE ADVICE OF AN ATTORNEY AS TO SUCH CONTENT AND EFFECT. EMPLOYEE ACCEPTS EACH AND EVERY TERM, PROVISION, AND CONDITION OF THIS AGREEMENT, AND DOES SO VOLUNTARILY AND WITH FULL KNOWLEDGE AND UNDERSTANDING OF ITS CONTENTS, NATURE, AND EFFECT. EMPLOYEE ACKNOWLEDGES AND AGREES THAT IF HE BREACHES ANY PROVISION OF PARAGRAPHS 3 THROUGH 8, HE WILL FORFEIT THE PAYMENTS LISTED IN 1(B) AND THE STOCK OPTIONS LISTED IN 1 (D) WILL EXPIRE.
EMPLOYEE’S UNDERSTANDING. Employee represents and warrants that he/she has read each and every term of this Agreement and understands the serious duties and obligations imposed upon Employee thereby. Employee further represents and warrants that he/she has had full and ample opportunity to question Anacomp about this Agreement and each of its terms and to consult an attorney regarding this Agreement and each of its terms. Employee represents that he/she is free to enter this Agreement and to perform each of its terms and covenants. Employee represents that he/she is not restricted or prohibited, contractually or otherwise, from entering into and performing this Agreement, and that his or her execution and performance of this Agreement is not a violation or breach of any other agreement between Employee and any other person or entity. Dated: October 2, 1996 ANACOMP, INC. By: __________________________________ Xxxx X. Xxxxxxxx Its: Vice President -------------------------------------- Employee (signature) Employee (printed) - Xxxxxxx X. Xxxx Current Position - Senior Vice President & CAO, U.S. G5roup Current Location - Poway, California Social Security Number: ADDENDUM III TO EMPLOYMENT AGREEMENT DATED OCTOBER 1, 1992 BETWEEN ANACOMP, INC. ( "ANACOMP" ) XXXXXXX X. XXXX (EMPLOYEE) The Addendum will serve to define the terms of EMPLOYEE'S relocation from Indianapolis, Indiana to San Diego, California.
EMPLOYEE’S UNDERSTANDING. Employee represents and warrants that he/she has read each and every term of this Agreement and understands the serious duties and obligations imposed upon Employee thereby. Employee further represents and warrants that he/she has had full and ample opportunity to question Anacomp about this Agreement and each of its terms and to consult an attorney regarding this Agreement and each of its terms. Employee represents that he/she is free to enter this Agreement and to perform each of its terms and covenants. Employee represents that he/she is not restricted or prohibited, contractually or otherwise, from entering into and performing this Agreement, and that his or her execution and performance of this Agreement is not a violation or breach of any other agreement between Employee and any other person or entity. Dated: October 7, 1996 ANACOMP, INC. By: Xxxx X. Xxxxxxxx Its: Vice President Employee - Xxxxxx X. Xxxxx Current Position - Chief Financial Officer Current Location: Indianapolis Social Security Number:
