Common use of Knowing and Voluntary Acknowledgement Clause in Contracts

Knowing and Voluntary Acknowledgement. The Employee specifically agrees and acknowledges that: (i) the Employee has read this Agreement in its entirety and understands all of its terms; (ii) the Employee has been advised of and has availed himself of his right to consult with his attorney prior to executing this Agreement; (iii) the Employee knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; and (vi) the Employee understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with the Employer. The Employee further acknowledges that he has twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Employee acknowledges that he shall have an additional seven (7) days from the date on which he signs this Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to Sxxxx Xxxxx, HR Manager, at the Employer, sxxxxx@xxxxxxxx.xxx, by e-mail, fax or overnight delivery before the end of such seven-day period. In the event of such revocation by the Employee, the Employer shall have the option of treating this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 30, 2019 (“Effective Date”). Such date shall be the Effective Date of this Agreement. No payments due to the Employee hereunder shall be made or begin before the Effective Date.

Appears in 2 contracts

Samples: Separation, Settlement and Release of Claims Agreement (Reed's, Inc.), Separation, Settlement and Release of Claims Agreement (Reed's, Inc.)

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Knowing and Voluntary Acknowledgement. The Employee specifically agrees By signing this Agreement, Executive hereby acknowledges and acknowledges confirms that: (i) the Employee Executive has read this Agreement in its entirety and understands all of its terms; (ii) the Employee Executive has been advised of and has availed himself of his right to consult with his attorney prior to executing this Agreement; (iii) the Employee Executive knowingly, freely and voluntarily assents to all of its the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee Executive is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; and (vi) the Employee understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with the Employer. The Employee further acknowledges that he has twenty-one (21) Executive was given at least 21 days to consider the terms of this Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Employee acknowledges ; (vi) Executive understands that he shall have an additional has seven (7) days from the date on which he signs this Agreement to revoke consent to his the release of claims under the ADEA in this paragraph by delivering notice of revocation to Sxxxx Xxxxx, HR Manager, at the Employer, sxxxxx@xxxxxxxx.xxx, by e-mail, fax or overnight delivery in accordance with Section 17 below before the end of such seven-day period; (vii) Executive understands that the release contained in this Section 3 does not apply to rights and claims that may arise after the date on which Executive signs this Agreement; and (viii) Executive understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with Employer Group. This Agreement shall not become effective, until the eighth day after Executive and Employer execute this Agreement. Such date shall be the Effective Date of this Agreement. No payments due to Executive hereunder shall be made or begin before the Effective Date. In the event of such revocation by the EmployeeExecutive as described in clause (vii) above, the Employer shall have the option of treating this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 30, 2019 (“Effective Date”). Such date shall be the Effective Date of this Agreement. No payments due to the Employee hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Employment Agreement (RigNet, Inc.)

Knowing and Voluntary Acknowledgement. The Employee specifically agrees and acknowledges that: (i) the Employee has read this Agreement in its entirety and understands all of its terms; (ii) the Employee has been advised of and has availed himself of his right to consult with his attorney prior to executing this Agreement; (iii) the Employee knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; and (vi) the Employee understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with the Employer. The Employee further acknowledges that he has twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Employee acknowledges that he shall have an additional seven (7) days from the date on which he signs this Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to Sxxxx XxxxxIxxx Xxxxxx, HR ManagerChief Financial Officer, at the Employer, sxxxxx@xxxxxxxx.xxxixxxxxx@xxxxxxxx.xxx, by e-mail, fax or overnight delivery before the end of such seven-day period. In the event of such revocation by the Employee, the Employer shall have the option of treating this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 308, 2019 (“Effective Date”). Such date shall be the Effective Date of this Agreement. No payments due to the Employee hereunder shall be made or begin before the Effective Date. Notwithstanding the foregoing, for the avoidance of doubt the Employer shall transfer the Vested RSAs to the Employee as of the Separation Date.

Appears in 1 contract

Samples: Separation, Settlement and Release of Claims Agreement (Reed's, Inc.)

Knowing and Voluntary Acknowledgement. The Employee specifically agrees By signing this Agreement, Executive hereby acknowledges and acknowledges confirms that: (i) the Employee Executive has read this Agreement in its entirety and understands all of its terms; (ii) the Employee Executive has been advised of and has availed himself of his right to consult with his attorney prior to executing this Agreement; (iii) the Employee Executive knowingly, freely and voluntarily assents to all of its the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee Executive is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; and (vi) the Employee understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with the Employer. The Employee further acknowledges that he has twenty-one (21) Executive was given at least 21 days to consider the terms of this Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Employee acknowledges ; (vi) Executive understands that he shall have an additional has seven (7) days from the date on which he signs this Agreement to revoke consent to his the release of claims under the ADEA in this paragraph by delivering notice of revocation to Sxxxx Xxxxx, HR Manager, at the Employer, sxxxxx@xxxxxxxx.xxx, by e-mail, fax or overnight delivery in accordance with Section 16 below before the end of such seven-day period; (vii) Executive understands that the release contained in this Section 4 does not apply to rights and claims that may arise after the date on which Executive signs this Agreement; and (viii) Executive understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with Employer Group. This Agreement shall not become effective, until the eighth day after Executive and Employer execute this Agreement. Such date shall be the Effective Date of this Agreement. No payments due to Executive hereunder shall be made or begin before the Effective Date. In the event of such revocation by the EmployeeExecutive as described in clause (vi) above, the Employer shall have the option of treating this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 30, 2019 (“Effective Date”). Such date shall be the Effective Date of this Agreement. No payments due to the Employee hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Severance Agreement (RigNet, Inc.)

Knowing and Voluntary Acknowledgement. The Employee specifically agrees and acknowledges that: (i) the Employee has read this Agreement in its entirety and understands all of its terms; (ii) the Employee has been advised of and has availed himself of his right to consult with his attorney prior to executing this Agreement; (iii) the Employee knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; and (vi) the Employee understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with the Employer. The Employee further acknowledges receipt of Appendix A to this Agreement, listing the ages and job titles of employees who were and were not selected for termination and offered consideration for signing a waiver, The Employee further acknowledges that he has twentyhad forty-one five (2145) days to consider the terms of this Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Employee acknowledges that he shall have an additional seven (7) days from the date on which he signs this Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to Sxxxx XxxxxVxxxxxxx Xxxxxxxx, HR ManagerChief Executive Officer, at the Employer, sxxxxx@xxxxxxxx.xxxvxxxxxxxx@xxxxxxxx.xxx, by e-mail, fax or overnight delivery before the end of such seven-day period. In the event of such revocation by the Employee, the Employer shall have the option of treating this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 30, 2019 the eighth (“Effective Date”)8th) day after the Employee and the Employer execute this Agreement. Such date shall be the Effective Date of this Agreement. No payments due to the Employee hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Separation, Settlement and Release of Claims Agreement (Reed's, Inc.)

Knowing and Voluntary Acknowledgement. The Employee specifically Executive agrees and acknowledges that: (ia) the Employee Executive has read the terms of this Agreement in its entirety Release and understands all of its terms; (iib) the Employee has been Executive is hereby advised of and has availed himself of his Executive’s right to consult with an attorney of his attorney choice prior to executing this AgreementRelease; (iiic) the Employee knowinglythis Release represents an important legal and binding agreement, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee that he is executing this AgreementRelease voluntarily, including the waiver free from duress, undue pressure or influence, harassment or intimidation and release, in exchange for good that he enters into it with full knowledge of its intent and valuable consideration in addition to anything of value to which terms; and (d) he is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; Release. Executive understands and agrees that Executive has been given at least 21 days (vithe “Release Consideration Period”) the Employee understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with the Employer. The Employee further acknowledges that he has twenty-one (21) days within which to consider this Release and its ramifications and discuss the terms of this Agreement and consult Release with an attorney of his choice, although he may sign it sooner if desiredthe Company before executing it. Further, the Employee Executive further acknowledges that any modification of this Release, whether material or immaterial, will not restart or change the Release Consideration Period. Executive further understands and agrees that once Executive signs this Release, he shall will have an additional seven (7) 7 days from the date on in which he signs this Agreement to revoke consent to his release of claims under the ADEA by delivering this Release. To do so, Executive must provide notice of revocation prior to Sxxxx the expiration of the 7-day revocation period to Xxxx Xxxxx, HR ManagerSenior Vice President of Human Resources in writing via hand delivery, fax at the Employer, sxxxxx@xxxxxxxx.xxx, (000)-000-0000 or by e-mailmail to Xxxx.Xxxxx@xxxxxxxx.xxx, fax if using email, with a copy to xxxx.xxxxxxx@xxxxxxxx.xxx, or overnight delivery before the end of their designated successors. Provided Executive has not revoked this Release during such seven7-day revocation period. In , this Release shall become effective the event of such revocation by eighth day after the Employee, the Employer shall have the option of treating Executive signs this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 30, 2019 Release (“Release Effective Date”). Such date shall be the Effective Date of this Agreement. No payments due to the Employee hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Ceo Transition and Retirement Agreement (Coherent Inc)

Knowing and Voluntary Acknowledgement. The Employee specifically agrees and acknowledges that: (i) the Employee has read this Agreement in its entirety and understands all of its terms; (ii) the Employee has been advised of and has availed himself of his right to consult with his attorney prior to executing this Agreement; (iii) the Employee knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein, including but not limited to Employee’s specific release of all claims under the Age Discrimination in Employment Act; (iv) the Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; and (vi) the Employee understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with the EmployerChefs’. The Employee further acknowledges that he has had twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Employee acknowledges that he shall have an additional seven (7) days from the date on which he signs this Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to Sxxxx XxxxxAxxxxxxxxx Xxxxxx at Chefs’, HR Manager100 Xxxx Xxxxx Xxxx, at the EmployerXxxxxxxxxx, sxxxxx@xxxxxxxx.xxx, XX 00000 by e-mail, fax overnight delivery, or overnight delivery in person before the end of such seven-day period. In the event of such revocation by the Employee, the Employer Chefs’ shall have the option of treating this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 30, 2019 the eighth (8th) day after the Employee and Chefs’ execute this Agreement (the “Effective Date”). Such date shall be the Effective Date of this Agreement. No payments Payments due to the Employee hereunder shall may, in the sole discretion of Chefs’, be made or begin before prior to the Effective Date. However, Employee’s consent is hereby given to initiate a payroll reversal of any such payments should the Agreement not become effective by revocation or otherwise.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Chefs' Warehouse, Inc.)

Knowing and Voluntary Acknowledgement. The Employee specifically agrees By signing this Agreement, Executive hereby acknowledges and acknowledges confirms that: (i) the Employee Executive has read this Agreement in its entirety and understands all of its terms; (ii) the Employee Executive has been advised of and has availed himself of his right to consult with his attorney prior to executing this Agreement; (iii) the Employee Executive knowingly, freely and voluntarily assents to all of its the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee Executive is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; and (vi) the Employee understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with the Employer. The Employee further acknowledges that he has twenty-one (21) Executive was given at least 21 days to consider the terms of this Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Employee acknowledges ; (vi) Executive understands that he shall have an additional has seven (7) days from the date on which he signs this Agreement to revoke consent to his the release of claims under the ADEA in this paragraph by delivering notice of revocation to Sxxxx Xxxxx, HR Manager, at the Employer, sxxxxx@xxxxxxxx.xxx, by e-mail, fax or overnight delivery in accordance with Section 16 below before the end of such seven-day period; (vii) Executive understands that the release contained in these Sections 3 and 4 does not apply to rights and claims that may arise after the date on which Executive signs this Agreement; and (viii) Executive understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with Employer Group. This Agreement shall not become effective, until the eighth day after Executive and Employer execute this Agreement. Such date shall be the Effective Date of this Agreement. No payments due to Executive hereunder shall be made or begin before the Effective Date. In the event of such revocation by the EmployeeExecutive as described in clause (vi) above, the Employer shall have the option of treating this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 30, 2019 (“Effective Date”). Such date shall be the Effective Date of this Agreement. No payments due to the Employee hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Employment Agreement (RigNet, Inc.)

Knowing and Voluntary Acknowledgement. The Employee Xxxxxx specifically agrees and acknowledges that: (ia) the Employee Xxxxxx has read this Agreement in its entirety and understands all of its terms; (iib) the Employee Xxxxxx has been advised of and has availed himself of his right to consult with his attorney prior to executing this Agreement; (iiic) the Employee Xxxxxx knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee Xxxxxx is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (vd) the Employee Xxxxxx is not waiving or releasing rights or claims that may arise after his execution of this Agreement; and that (vie) the Employee Xxxxxx understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with the EmployerInsys. The Employee Xxxxxx further acknowledges that he has had twenty-one (21) days to consider the terms of this Agreement and consult with an attorney of his choiceAgreement, although he may sign it sooner if desired. Further, the Employee acknowledges that he Xxxxxx shall have an additional seven (7) days from the date on which he signs this Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to Sxxxx Xxxxx, HR ManagerHuman Resources Director, at Insys Therapeutics, Inc., 0000 Xxxxx Xxxxxxxx Xxxx. Xxxxxxxx, XX 00000, with a copy to the EmployerGeneral Counsel at the same address, sxxxxx@xxxxxxxx.xxx, by e-mail, fax or overnight delivery before the end of such seven-day period. In the event of such revocation by the EmployeeXxxxxx, the Employer Insys shall have the option of treating this Agreement as null and void in its entirety. This Agreement shall not become effective, if at all, until November 30, 2019 the eighth (“Effective Date”8th) day after Xxxxxx and Insys execute this Agreement (and assuming Xxxxxx does not revoke his release of claims provided hereunder during the preceding seven day period pursuant to a notice described directly above). Such date shall be the Effective Date Date” of this Agreement. No payments due to the Employee Xxxxxx hereunder or benefits specified by this Agreement shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Separation Agreement (Insys Therapeutics, Inc.)

Knowing and Voluntary Acknowledgement. The Employee specifically agrees By signing this Agreement, Executive hereby acknowledges and acknowledges confirms that: (i) the Employee Executive has read this Agreement in its entirety and understands all of its terms; (ii) the Employee Executive has been advised of and has availed himself of his right to consult with his attorney prior to executing this Agreement; (iii) the Employee Executive knowingly, freely and voluntarily assents to all of its the terms and conditions set out in this Agreement including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee Executive is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; and (vi) the Employee understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with the Employer. The Employee further acknowledges that he has twenty-one (21) Executive was given at least 21 days to consider the terms of this Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Employee acknowledges ; (vi) Executive understands that he shall have an additional has seven (7) days from the date on which he signs this Agreement to revoke consent to his the release of claims under the ADEA in this paragraph by delivering notice of revocation to Sxxxx Xxxxx, HR Manager, at the Employer, sxxxxx@xxxxxxxx.xxx, by e-mail, fax or overnight delivery in accordance with Section 15 below before the end of such seven-day period; (vii) Executive understands that the release contained in this Section 4 does not apply to rights and claims that may arise after the date on which Executive signs this Agreement; and (viii) Executive understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with Employer Group. This Agreement shall not become effective, until the eighth day after Executive and Employer execute this Agreement. Such date shall be the Effective Date of this Agreement. Payments due to Executive hereunder and in the Separation Agreement shall be made on the Effective Date or as otherwise agreed hereunder or in the Separation Agreement. In the event of such revocation by the EmployeeExecutive as described in clause (vi) above, the Employer shall have the option of treating this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 30, 2019 (“Effective Date”). Such date shall be the Effective Date of this Agreement. No payments due to the Employee hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Separation Agreement (RigNet, Inc.)

Knowing and Voluntary Acknowledgement. The Employee specifically agrees and acknowledges that: (ia) the Employee has read this Agreement in its entirety and understands all of its terms; (iib) the Employee has been advised of and has availed himself of his right to consult with his attorney prior to executing this Agreement; (iiic) the Employee knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (vd) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; and that (vie) the Employee understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with the Employer. The Employee further acknowledges that he has had twenty-one (21) 21 days to consider the terms of this Agreement and consult with an attorney of his choiceAgreement, although he may sign it sooner if desired. Further, the Employee acknowledges that he shall have an additional seven (7) days from the date on which he signs this Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to Sxxxx Xxxx Xxxxxxxx at Employer, 000 X. Xxxxxxx Xxxxx, HR ManagerXxxxx 0, at the EmployerXxxxxxxxxx, sxxxxx@xxxxxxxx.xxxXxxxxxxxxx 00000, by e-mail, fax or overnight delivery before the end of such seven-day period. In the event of such revocation by the Employee, the Employer shall have the option of treating this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 30, 2019 (“Effective Date”)the day the Employee and Employer execute this Agreement. Such date shall be the Effective Date of this Agreement. No payments due to the Employee hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Amended and Restated Agreement (Integral Technologies Inc)

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Knowing and Voluntary Acknowledgement. The Employee specifically Executive agrees and acknowledges that: (ia) the Employee Executive has read the terms of this Agreement in its entirety and understands all of its terms; (iib) the Employee has been Executive is hereby advised of and has availed himself of his Executive’s right to consult with an attorney of his attorney choice prior to executing this Agreement; (iiic) the Employee knowinglythis Agreement represents an important legal and binding agreement, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee that he is executing this AgreementAgreement voluntarily, including the waiver free from duress, undue pressure or influence, harassment or intimidation and release, in exchange for good that he enters into it with full knowledge of its intent and valuable consideration in addition to anything of value to which terms; and (d) he is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; . Executive understands and agrees that Executive has been offered an opportunity of at least 21 days (vithe “Consideration Period”) the Employee understands that the waiver and release in within which to consider this Agreement is being requested in connection with the cessation of his employment with the Employer. The Employee further acknowledges that he has twenty-one (21) days to consider and its ramifications and discuss the terms of this Agreement and consult with an attorney of his choice, although he may sign it sooner if desiredthe Company before executing it. Further, the Employee Executive further acknowledges that any modification of this Agreement, whether material or immaterial, will not restart or change the Consideration Period. Executive further understands and agrees that once Executive signs this Agreement, he shall will have an additional seven 7 days in which to revoke his acceptance of this Agreement. To do so, Executive must provide notice of revocation prior to the expiration of the 7-day revocation period to Xxxx Xxxxx, Senior Vice President of Human Resources in writing via hand delivery, fax at (000) 000-0000 or by e-mail to, if using email, with a copy to, or to their designated successors. Provided Executive has not revoked his acceptance of this Agreement during such 7) days from -day revocation period, this Agreement shall become effective the date on which he eighth day after the Executive signs this Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to Sxxxx Xxxxx, HR Manager, at the Employer, sxxxxx@xxxxxxxx.xxx, by e-mail, fax or overnight delivery before the end of such seven-day period. In the event of such revocation by the Employee, the Employer shall have the option of treating this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 30, 2019 (“Effective Date”). Such date Executive acknowledges that, even if this Agreement is not executed or is canceled or revoked by Executive, the provisions of the Confidential Information Agreement, that otherwise by their terms survive termination of Executive’s employment shall be the Effective Date of this Agreement. No payments due to the Employee hereunder shall be made or begin before the Effective Dateremain in full force and effect.

Appears in 1 contract

Samples: Executive Transition Services Agreement (Coherent Inc)

Knowing and Voluntary Acknowledgement. The Employee specifically Executive agrees and acknowledges that: (ia) the Employee Executive has read the terms of this Agreement in its entirety and understands all of its terms; (iib) the Employee has been Executive is hereby advised of and has availed himself of his Executive’s right to consult with an attorney of his attorney choice prior to executing this Agreement; (iiic) the Employee knowinglythis Agreement represents an important legal and binding agreement, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee that he is executing this AgreementAgreement voluntarily, including the waiver free from duress, undue pressure or influence, harassment or intimidation and release, in exchange for good that he enters into it with full knowledge of its intent and valuable consideration in addition to anything of value to which terms; and (d) he is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; . Executive understands and agrees that Executive has been given at least 21 days (vithe “Consideration Period”) the Employee understands that the waiver and release in within which to consider this Agreement is being requested in connection with the cessation of his employment with the Employer. The Employee further acknowledges that he has twenty-one (21) days to consider and its ramifications and discuss the terms of this Exhibit 10.2 Agreement and consult with an attorney of his choice, although he may sign it sooner if desiredthe Company before executing it. Further, the Employee Executive further acknowledges that any modification of this Agreement, whether material or immaterial, will not restart or change the Consideration Period. Executive further understands and agrees that once Executive signs this Agreement, he shall will have an additional seven 7 days in which to revoke his acceptance of this Agreement. To do so, Executive must provide notice of revocation prior to the expiration of the 7-day revocation period to Mark Rakic, Senior Vice Presidenx xx Xxxxx Resources in writing via hand delivery, fax at (408)-764-4820 or by e-mail to Mxxx.Xxxxx@xxxxrent.com, if usinx xxxxx, xxxx x xxxx xx Bret.DiMarco@coherent.com, or to xxxxx xxxxxxxxxx xxxxxxxors. Provided Executive has not revoked his acceptance of this Agreement during such 7) days from -day revocation period, this Agreement shall become effective the date on which he eighth day after the Executive signs this Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to Sxxxx Xxxxx, HR Manager, at the Employer, sxxxxx@xxxxxxxx.xxx, by e-mail, fax or overnight delivery before the end of such seven-day period. In the event of such revocation by the Employee, the Employer shall have the option of treating this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 30, 2019 (“Effective Date”). Such date shall be Executive acknowledges that, even if this Agreement is not executed or is canceled or revoked by Executive, the Effective Date provisions of this Agreement. No payments due to the Employee hereunder Agreement, that otherwise by their terms survive termination of Executive’s employment shall be made or begin before the Effective Dateremain in full force and effect.

Appears in 1 contract

Samples: 2 Transition Agreement and Release (Coherent Inc)

Knowing and Voluntary Acknowledgement. The Employee specifically Executive agrees and acknowledges that: (ia) the Employee Executive has read the terms of this Agreement in its entirety and understands all of its terms; (iib) the Employee has been Executive is hereby advised of and has availed himself of his Executive’s right to consult with an attorney of his attorney choice prior to executing this Agreement; (iiic) the Employee knowinglythis Agreement represents an important legal and binding agreement, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee that he is executing this AgreementAgreement voluntarily, including the waiver free from duress, undue pressure or influence, harassment or intimidation and release, in exchange for good that he enters into it with full knowledge of its intent and valuable consideration in addition to anything of value to which terms; and (d) he is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; . Executive understands and agrees that Executive has been given at least 21 days (vithe “Consideration Period”) the Employee understands that the waiver and release in within which to consider this Agreement is being requested in connection with the cessation of his employment with the Employer. The Employee further acknowledges that he has twenty-one (21) days to consider and its ramifications and discuss the terms of this Agreement and consult with an attorney of his choice, although he may sign it sooner if desiredthe Company before executing it. Further, the Employee Executive further acknowledges that any modification of this Agreement, whether material or immaterial, will not restart or change the Consideration Period. Exhibit 10.2 Executive further understands and agrees that once Executive signs this Agreement, he shall will have an additional seven 7 days in which to revoke his acceptance of this Agreement. To do so, Executive must provide notice of revocation prior to the expiration of the 7-day revocation period to Xxxx Xxxxx, Senior Vice President of Human Resources in writing via hand delivery, fax at (000)-000-0000 or by e-mail to, if using email, with a copy to, or to their designated successors. Provided Executive has not revoked his acceptance of this Agreement during such 7) days from -day revocation period, this Agreement shall become effective the date on which he eighth day after the Executive signs this Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to Sxxxx Xxxxx, HR Manager, at the Employer, sxxxxx@xxxxxxxx.xxx, by e-mail, fax or overnight delivery before the end of such seven-day period. In the event of such revocation by the Employee, the Employer shall have the option of treating this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 30, 2019 (“Effective Date”). Such date shall be Executive acknowledges that, even if this Agreement is not executed or is canceled or revoked by Executive, the Effective Date provisions of this Agreement. No payments due to the Employee hereunder Agreement, that otherwise by their terms survive termination of Executive’s employment shall be made or begin before the Effective Dateremain in full force and effect.

Appears in 1 contract

Samples: Ceo Transition and Retirement Agreement (Coherent Inc)

Knowing and Voluntary Acknowledgement. The Employee specifically agrees and acknowledges that: (i) the Employee has read this Agreement Release in its entirety and understands all of its terms; (ii) the Employee has been advised of and has availed himself him/herself of his Employee’s right to consult with his Employee’s attorney prior to executing this AgreementRelease; (iii) the Employee knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee is executing this AgreementRelease, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he Employee is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his Employee’s execution of this AgreementRelease; and (vi) the Employee understands that the waiver and release in this Agreement Release is being requested in connection with the cessation of his Employee’s employment with the EmployerEmployer Group. The Employee further acknowledges that he Employee has had [twenty-one (21) 21)/forty-five (45)] days to consider the terms of this Agreement Release and consult with an attorney of his Employee’s choice, although he Employee may sign it sooner if desired. Further, the Employee acknowledges that he Employee shall have an additional seven (7) days from the date on which he Employee signs this Agreement Release to revoke consent to his Employee’s release of claims under the ADEA by delivering notice of revocation to Sxxxx Xxxxx, HR Manager, [NAME] at the Employer, sxxxxx@xxxxxxxx.xxx, [EMPLOYER ADDRESS] by e-mail, fax or /fax/ overnight delivery before the end of such seven-day seven (7)-day period. In the event of such revocation by the Employee, the Employer shall hall have the option of treating this Agreement Release as null and void in its entirety. This Agreement Release shall not become effective, until November 30, 2019 the eighth (“Effective Date”)8th) day after/day the Employee and the Employer execute this Release. Such date shall be the Effective Date of this AgreementRelease. No payments due to the Employee hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Employment Agreement (Berry Corp (Bry))

Knowing and Voluntary Acknowledgement. The Employee specifically Executive agrees and acknowledges that: (ia) the Employee Executive has read the terms of this Agreement in its entirety Release and understands all of its terms; (iib) the Employee has been Executive is hereby advised of and has availed himself of his Executive’s right to consult with an attorney of his attorney choice prior to executing this AgreementRelease; (iiic) the Employee knowinglythis Release represents an important legal and binding agreement, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee that he is executing this AgreementRelease voluntarily, including the waiver free from duress, undue pressure or influence, harassment or intimidation and release, in exchange for good that he enters into it with full knowledge of its intent and valuable consideration in addition to anything of value to which terms; and (d) he is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; Release. Executive understands and agrees that Executive has been given at least 21 days (vithe “Release Consideration Period”) the Employee understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with the Employer. The Employee further acknowledges that he has twenty-one (21) days within which to consider this Release and its ramifications and discuss the terms of this Agreement and consult Release with an attorney of his choice, although he may sign it sooner if desiredthe Company before executing it. Further, the Employee Executive further acknowledges that any modification of this Release, whether material or immaterial, will not restart or change the Release Consideration Period. Executive further understands and agrees that once Executive signs this Release, he shall will have an additional seven (7) 7 days from the date on in which he signs this Agreement to revoke consent to his release of claims under the ADEA by delivering this Release. To do so, Executive must provide notice of revocation prior to Sxxxx Xxxxxthe expiration of the 7-day revocation period to Mark Rakic, HR ManagerSenior Vice Presidenx xx Xxxxx Resources in writing via hand delivery, fax at the Employer, sxxxxx@xxxxxxxx.xxx, (408)-764-4820 or by e-mailmail to Mark.Rakic@coherent.com, fax if usinx xxxxx, xxxx x xxxx xx bret.dimarco@coherent.com, or overnight delivery before the end of thxxx xxxxxxxxxx xxxxxxxxxx. Provided Executive has not revoked this Release during such seven7-day revocation period. In , this Release shall become effective the event of such revocation by eighth day after the Employee, the Employer shall have the option of treating Executive signs this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 30, 2019 Release (“Release Effective Date”). Such date shall be the Effective Date of this Agreement. No payments due to the Employee hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: 2 Transition Agreement and Release (Coherent Inc)

Knowing and Voluntary Acknowledgement. The Employee specifically agrees and acknowledges that: (i) the Employee has read this Agreement in its entirety and understands all of its terms; (ii) the Employee has been advised of and has availed himself of his right to consult with his attorney prior to executing this Agreement; (iii) the Employee knowingly, freely and voluntarily assents to all of its terms and conditions including, without limitation, the waiver, release and covenants contained herein; (iv) the Employee is executing this Agreement, including the waiver and release, in exchange for good and valuable consideration in addition to anything of value to which he is otherwise entitled; (v) the Employee is not waiving or releasing rights or claims that may arise after his execution of this Agreement; and (vi) the Employee understands that the waiver and release in this Agreement is being requested in connection with the cessation of his employment with the EmployerCompany. The Employee further acknowledges that he has had twenty-one (21) 21 days to consider the terms of this Agreement and consult with an attorney of his choice, although he may sign it sooner if desired. Further, the Employee acknowledges that he shall have an additional seven (7) days from the date on which he signs this Agreement to revoke consent to his release of claims under the ADEA by delivering notice of revocation to Sxxxx Xxxxx, HR Manager, Xxxxxxx Xxxx at the Employer, sxxxxx@xxxxxxxx.xxxCompany, by e-mail, fax or overnight mail delivery before the end of such seven-day period. In the event of such revocation by the Employee, the Employer Company shall have the option of treating this Agreement as null and void in its entirety. This Agreement shall not become effective, until November 30, 2019 the eighth (“Effective Date”)8th) day after Employee and the Company execute this Agreement. Such date shall be the Effective Date Date” of this Agreement. No payments due to the Employee hereunder shall be made or begin before the Effective Date.

Appears in 1 contract

Samples: Mutual Separation Agreement (Cord Blood America, Inc.)

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