Executive’s Acknowledgments and Representations Sample Clauses
The "Executive’s Acknowledgments and Representations" clause requires the executive to formally confirm certain facts and make specific statements about their qualifications, authority, or understanding of the agreement. Typically, this includes affirming that the executive has the legal right to enter into the contract, is not subject to conflicting obligations, and has reviewed and comprehended the terms. This clause serves to protect the employer by ensuring the executive is fully informed and legally able to fulfill their role, thereby reducing the risk of future disputes over eligibility or misunderstandings.
Executive’s Acknowledgments and Representations. By executing and delivering this Agreement, Executive acknowledges that:
(a) Executive has carefully read this Agreement;
(b) Executive has had at least twenty-one (21) days to consider this Agreement before the execution and delivery hereof to the Employer;
(c) Executive has been and hereby is advised in writing to discuss this Agreement with an attorney of Executive’s choice and Executive has had adequate opportunity to do so;
(d) Executive fully understands the final and binding effect of this Agreement; the only promises made to Executive to sign this Agreement are those stated in the Employment Agreement and herein; and Executive is signing this Agreement voluntarily and of Executive’s own free will, and that Executive understands and agrees to each of the terms of this Agreement; and
(e) Executive has received all leaves (paid and unpaid) to which Executive was entitled during his employment with the Employer and, other than any sums owed to Executive pursuant to Section 5.2 of the Employment Agreement or any vested sums owed to Executive but deferred pursuant to any qualified or nonqualified deferred compensation plan (including but not limited to the Employer’s 401(k) cash or deferred arrangement and the Employer’s Executive Deferred Compensation Plan), Executive has received all wages, bonuses, compensation, and other sums that Executive has been owed or ever could be owed by the Released Parties.
Executive’s Acknowledgments and Representations. Executive represents and warrants that he is free to enter into this Agreement and to perform each of the terms and covenants of it. Executive represents and warrants that he is not restricted or prohibited, contractually or otherwise, from entering into and performing this Agreement, and that his execution and performance of this Agreement is not a violation or breach of any other agreement between Executive and any other person or entity.
Executive’s Acknowledgments and Representations. By executing and delivering this Agreement, Executive acknowledges that:
(a) Executive has carefully read this Agreement;
(b) Executive has had at least forty-five (45) days to consider this Agreement before the execution and delivery hereof to EQT;
(c) Executive has been and hereby is advised in writing to discuss this Agreement with an attorney of Executive’s choice and Executive has had adequate opportunity to do so;
(d) Executive fully understands the final and binding effect of this Agreement; the only promises made to Executive to sign this Agreement are those stated in the Employment Agreement and herein; and Executive is signing this Agreement voluntarily and of Executive’s own free will, and that Executive understands and agrees to each of the terms of this Agreement;
(e) Executive has received all leaves (paid and unpaid) to which Executive was entitled during his employment with EQT, Rice and their respective affiliates and, other than any sums owed to Executive pursuant to Section 2, Executive has received all wages, bonuses, compensation, and other sums that Executive has been owed or ever could be owed by the Employer Parties; and
(f) To the extent that the WARN Act or other applicable law may have otherwise required EQT, Rice or their respective affiliates to provide notice to Executive related to a plant closure or layoff, Executive acknowledges and agrees that the payments made to Executive pursuant to Section 2 shall offset, and be in lieu of, any required notice and/or any corresponding payments to Executive.
Executive’s Acknowledgments and Representations. Executive acknowledges that the provisions of paragraphs 6, 7 and 8 are in consideration of his employment with the Company and additional good and valuable consideration set forth in this Agreement. In addition, Executive agrees and acknowledges that the restrictions contained in paragraphs 6, 7 and 8 do not preclude Executive from earning a livelihood, nor do they unreasonably impose limitations on Executive’s ability to earn a living. In addition, Executive acknowledges (a) that the business of the Company and its Subsidiaries will be international in scope and without geographical limitation, (b) notwithstanding the state of incorporation or principal office of the Company or its Subsidiaries, or any of their respective executives or employees (including Executive), it is expected that the Company will have business activities and have valuable business relationships within its industry throughout the world, and (c) as part of his responsibilities, Executive may travel around the world in furtherance of the Company’s business and its relationships. Executive hereby represents and warrants to the Company that (i) the execution, delivery and performance of this Agreement by Executive do not and shall not conflict with, breach, violate or cause a default under any contract, agreement, instrument, order, judgment or decree to which Executive is a party or by which he is bound, (ii) Executive is not a party to or bound by any employment agreement, noncompete agreement or confidentiality agreement with any other person or entity and (iii) upon the execution and delivery of this Agreement by the Company, this Agreement shall be the valid and binding obligation of Executive, enforceable in accordance with its terms. Executive hereby acknowledges and represents that he has consulted with independent legal counsel regarding his rights and obligations under this Agreement and that he fully understands the terms and conditions contained herein.