Common use of Knowing and Voluntary Waiver Clause in Contracts

Knowing and Voluntary Waiver. Employee, by Employee’s free and voluntary act of signing below, (i) acknowledges that Employee has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Employee has been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims Employee may have under the ADEA, prior to the date on which Employee signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee (the “Effective Date”). During the seven-day period prior to the Effective Date, Employee may revoke Employee’s agreement to accept the terms hereof by giving notice to Matador of Employee’s intention to revoke. If Employee exercises Employee’s right to revoke hereunder, Employee shall not be entitled, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will immediately reimburse Matador for the amounts of such payments and benefits to which he is not entitled.

Appears in 10 contracts

Samples: Employment Agreement (Matador Resources Co), Employment Agreement (Matador Resources Co), Employment Agreement (Matador Resources Co)

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Knowing and Voluntary Waiver. EmployeeBy signing this General Release, by Employeethe Executive expressly acknowledges and agrees that: (a) the Executive has carefully read it and fully understands what it means; (b) the Executive has discussed this General Release with an attorney of the Executive’s free and voluntary act of choosing before signing below, it; (ic) acknowledges that Employee the Executive has been given a period of at least twenty-one (21) calendar days to consider whether this General Release; (d) the Executive has agreed to agree this General Release knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the terms contained herein, consideration provided the Executive under Severance Agreement is sufficient to support the releases provided by the Executive under this General Release; (iif) acknowledges that Employee has been advised to consult with an attorney prior to executing the Executive may revoke the Executive’s execution of this Agreement, General Release within seven (iii7) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims Employee may have under days after the ADEA, prior to the date on which Employee Executive signs this Agreement, it by sending written notice of revocation as set forth below; and (ivg) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee Executive executes this General Release (the “Effective Date”). During , this General Release becomes effective and enforceable, provided that the seven-day period prior to the Effective Date, Employee may revoke Employee’s agreement to accept the terms hereof by giving notice to Matador of Employee’s intention to revoke. If Employee exercises Employee’s right to revoke hereunder, Employee shall not be entitled, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Employee executes and Executive does not revoke a comparable release this Agreement during the revocation period. Any revocation of claimsthe Executive’s execution of this General Release must be submitted, and in writing, to Force Protection, Inc. 0000 Xxxxxxx 00, Xxxxxxxx Xx. 0, Xxxxxx, Xxxxx Xxxxxxxx 00000-0000, to the extent such attention of the Co-General Counsel, stating “I hereby revoke my execution of the General Release.” The revocation must be personally delivered to the General Counsel or mailed to the General Counsel and postmarked within seven (7) days of the Executive’s execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if the Executive does not execute this General Release or, in the event of revocation, the Executive will not be entitled to receive any of the payments or benefits have already been madeunder the Severance Agreement (other than the Accrued Amounts and the Other Benefits). The Executive must execute this General Release on or before [·], Employee agrees that Employee will immediately reimburse Matador for the amounts of such payments 20[·]. This General Release is final and benefits to which he is binding and may not entitled.be changed or modified. Date: [ ]

Appears in 7 contracts

Samples: Severance Agreement (Force Protection Inc), Severance Agreement (Force Protection Inc), Severance Agreement (Force Protection Inc)

Knowing and Voluntary Waiver. EmployeeExecutive, by Employee’s his free and voluntary act of signing below, acknowledges that (i) acknowledges that Employee he has been given a period of twentyforty-one five (2145) days to consider whether to agree to the terms contained hereinin this Agreement, (ii) acknowledges that Employee has been advised the Company advises him to consult with an attorney prior to before executing this Agreement, (iii) acknowledges that Employee he understands that this Agreement specifically releases and waives all rights and claims Employee he may have under the ADEA, prior to ADEA before the date on which Employee he signs this Agreement, and (iv) he agrees to all of the Agreement terms of this Agreement and intends to be legally bound therebyby them, and (v) he has received, contemporaneous with this Agreement, a Supplemental Age Distribution Information Memorandum and a Supplemental Age Distribution Information Chart (together, the “OWBPA Memorandum”), which identify the job titles and ages of all employees of the Company who have been offered a Separation Agreement and Release Agreement in connection with Transactions (as defined in the Merger Agreement). Further, Executive acknowledges that the payments and benefits provided for in Section 3 of this Agreement will be delayed until both this Agreement and the Closing Date Waiver and Release become effective, enforceable and irrevocable. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of interpreting this Agreement. Rather, the this Agreement’s terms of this Agreement shall be construed fairly as to both the Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation Agreement’s preparation. The Company’s offer of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day shall expire after a period of forty-five (45) days after the date on which it is executed by Employee Executive first received this Agreement and the OWBPA Memorandum for consideration (the “Effective Expiration Date”). During the seven-day period prior to the Effective Dateafter Executive signs this Agreement, Employee Executive may revoke Employee’s his agreement to accept the Agreement’s terms hereof by giving notice representing in writing to Matador of Employee’s the Company his intention to revoke. If Employee Executive exercises Employee’s his right to revoke hereunderthis Agreement, Employee he shall not be entitledforfeit his right to receive any of the payments, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claimsstock or benefits provided for herein, and to the extent such payments or benefits have already been made, Employee Executive agrees that Employee he will immediately reimburse Matador the Company for the amounts of such payments and benefits to which he is not entitledbenefits.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Cano Petroleum, Inc), Separation Agreement and Release (Cano Petroleum, Inc), Separation Agreement and Release (Cano Petroleum, Inc)

Knowing and Voluntary Waiver. EmployeeBy signing this General Release, by Employee’s free the Employee expressly acknowledges and voluntary act agrees that: (a) he has carefully read it and fully understands what it means; (b) he has discussed this General Release with an attorney of his choosing before signing below, it; (ic) acknowledges that Employee he has been given a period of twenty-one (21) at least 21 calendar days to consider whether this General Release; (d) he has agreed to agree this General Release knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the terms contained herein, consideration provided him under Agreement is sufficient to support the releases provided by him under this General Release; (iif) acknowledges that Employee has been advised to consult with an attorney prior to executing he may revoke his execution of this Agreement, (iii) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims Employee may have under the ADEA, prior to the date on which Employee General Release within seven days after he signs this Agreement, it by sending written notice of revocation as set forth below; and (ivg) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee he executes this General Release (the “Effective Date”), this General Release becomes effective and enforceable, provided that the Employee does not revoke it during the revocation period. During Any revocation of the seven-day period prior Employee’s execution of this General Release must be submitted, in writing, to First Savings Bank Northwest, at its main office, to the Effective Dateattention of the Chairman of the Board, Employee may stating “I hereby revoke my execution of the General Release.” The revocation must be personally delivered to the Chairman of the Board of First Savings Bank Northwest or mailed to the Chairman of the Board of First Savings Bank Northwest and postmarked within seven days of the Employee’s agreement execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to accept the terms hereof by giving notice following day which is not a Saturday, Sunday or legal holiday. The Employee agrees that if he does not execute this General Release or, in the event of revocation, he will not be entitled to Matador receive any of the payments or benefits under Section 7(a) or 7(d) of the Agreement. The Employee must execute this General Release on or before the date that is 21 days after the effective date of the Employee’s intention to revoketermination of employment. If Employee exercises Employee’s right to revoke hereunder, Employee shall This General Release is final and binding and may not be entitledchanged or modified, except as required by applicable wage payment laws, including but not limited to provided in a signed and dated agreement in writing between the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will immediately reimburse Matador for the amounts of such payments and benefits to which he is not entitled.First Savings Bank Northwest. EMPLOYEE Date: __________________ ______________________

Appears in 3 contracts

Samples: Employment Agreement (First Financial Northwest, Inc.), Employment Agreement (First Financial Northwest, Inc.), Employment Agreement (First Financial Northwest, Inc.)

Knowing and Voluntary Waiver. EmployeeBy signing this General Release, by the Employee expressly acknowledges and agrees that: (a) the Employee has carefully read it and fully understands what it means; (b) the Employee has discussed this General Release with an attorney of the Employee’s free and voluntary act of choosing before signing below, it; (ic) acknowledges that the Employee has been given a period of twenty-one (21) at least 21 calendar days to consider whether to agree to this General Release; (d) the terms contained herein, (ii) acknowledges that Employee has been advised agreed to consult with an attorney prior this General Release knowingly and voluntarily and was not subjected to executing any undue influence or duress; (e) the consideration provided him or her under Agreement is sufficient to support the releases provided by him or her under this Agreement, General Release; (iiif) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims the Employee may have under revoke the ADEA, prior to Employee’s execution of this General Release within seven days after the date on which Employee signs this Agreement, it by sending written notice of revocation as set forth below; and (ivg) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee executes this General Release (the “Effective Date”), this General Release becomes effective and enforceable, provided that the Employee does not revoke it during the revocation period. During Any revocation of the seven-day period prior Employee’s execution of this General Release must be submitted, in writing, to First Federal Savings and Loan Association of Port Angeles, at its main office, to the Effective Dateattention of the Chairman of the Board, Employee may stating “I hereby revoke my execution of the General Release.” The revocation must be personally delivered to the Chairman of the Board of First Federal Savings and Loan Association of Port Angeles or mailed to the Chairman of the Board of First Federal Savings and Loan Association of Port Angeles and postmarked within seven days of the Employee’s agreement execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to accept the terms hereof by giving notice following day which is not a Saturday, Sunday or legal holiday. The Employee agrees that if the Employee does not execute this General Release or, in the event of revocation, the Employee will not be entitled to Matador receive any of the payments or benefits under Section 7(a) or 7(d) of the Agreement. The Employee must execute this General Release on or before the date that is 21 days after the effective date of the Employee’s intention to revoketermination of employment. If Employee exercises Employee’s right to revoke hereunder, Employee shall This General Release is final and binding and may not be entitledchanged or modified, except as required by applicable wage payment laws, including but not limited to provided in a signed and dated agreement in writing between the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release First Federal Savings and Loan Association of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will immediately reimburse Matador for the amounts of such payments and benefits to which he is not entitled.Port Angeles. EMPLOYEE Date:

Appears in 2 contracts

Samples: Employment Agreement (First Northwest Bancorp), Employment Agreement (First Northwest Bancorp)

Knowing and Voluntary Waiver. EmployeeBy signing this General Release, by the Employee expressly acknowledges and agrees that: (a) the Employee has carefully read it and fully understands what it means; (b) the Employee has discussed this General Release with an attorney of the Employee’s free and voluntary act of choosing before signing below, it; (ic) acknowledges that the Employee has been given a period of twenty-one (21) at least 21 calendar days to consider whether to agree to this General Release; (d) the terms contained herein, (ii) acknowledges that Employee has been advised agreed to consult with an attorney prior this General Release knowingly and voluntarily and was not subjected to executing any undue influence or duress; (e) the consideration provided him or her under Agreement is sufficient to support the releases provided by him or her under this Agreement, General Release; (iiif) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims the Employee may have under revoke the ADEA, prior to Employee’s execution of this General Release within seven days after the date on which Employee signs this Agreement, it by sending written notice of revocation as set forth below; and (ivg) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee executes this General Release (the “Effective Date”), this General Release becomes effective and enforceable, provided that the Employee does not revoke it during the revocation period. During Any revocation of the seven-day period prior Employee’s execution of this General Release must be submitted, in writing, to First Federal Savings and Loan Association of Port Angeles, at its main office, to the Effective Dateattention of the Chairman of the Board, Employee may stating “I hereby revoke my execution of the General Release.” The revocation must be personally delivered to the Chairman of the Board of First Federal Savings and Loan Association of Port Angeles or mailed to the Chairman of the Board of First Federal Savings and Loan Association of Port Angeles and postmarked within seven days of the Employee’s agreement execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to accept the terms hereof by giving notice following day which is not a Saturday, Sunday or legal holiday. The Employee agrees that if the Employee does not execute this General Release or, in the event of revocation, the Employee will not be entitled to Matador receive any of the payments or benefits under Section 7(a) or 7(d) of the Agreement. The Employee must execute this General Release on or before the date that is 21 days after the effective date of the Employee’s intention to revoketermination of employment. If Employee exercises Employee’s right to revoke hereunder, Employee shall This General Release is final and binding and may not be entitledchanged or modified, except as required by applicable wage payment laws, including but not limited to provided in a signed and dated agreement in writing between the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release First Federal Savings and Loan Association of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will immediately reimburse Matador for the amounts of such payments and benefits to which he is not entitled.Port Angeles. EMPLOYEE Date: __________________ ______________________

Appears in 2 contracts

Samples: Employment Agreement (First Northwest Bancorp), Employment Agreement (First Northwest Bancorp)

Knowing and Voluntary Waiver. EmployeeBy signing this General Release, by Employee’s free the Employee expressly acknowledges and voluntary act agrees that: (a) he has carefully read it and fully understands what it means; (b) he has discussed this General Release with an attorney of his choosing before signing below, it; (ic) acknowledges that Employee he has been given a period of twenty-one (21) at least 21 calendar days to consider whether this General Release; (d) he has agreed to agree this General Release knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the terms contained herein, consideration provided him under Agreement is sufficient to support the releases provided by him under this General Release; (iif) acknowledges that Employee has been advised to consult with an attorney prior to executing he may revoke his execution of this Agreement, (iii) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims Employee may have under the ADEA, prior to the date on which Employee General Release within seven days after he signs this Agreement, it by sending written notice of revocation as set forth below; and (ivg) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee he executes this General Release (the “Effective Date”), this General Release becomes effective and enforceable, provided that the Employee does not revoke it during the revocation period. During Any revocation of the seven-day period prior Employee’s execution of this General Release must be submitted, in writing, to First Savings Bank Northwest, at its main office, to the Effective Dateattention of the Chairman of the Board, Employee may stating “I hereby revoke my execution of the General Release.” The revocation must be personally delivered to the Chairman of the Board of First Savings Bank Northwest or mailed to the Chairman of the Board of First Savings Bank Northwest and postmarked within seven days of the Employee’s agreement execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to accept the terms hereof by giving notice following day which is not a Saturday, Sunday or legal holiday. The Employee agrees that if he does not execute this General Release or, in the event of revocation, he will not be entitled to Matador receive any of the payments or benefits under Section 3(a) of the Agreement. The Employee must execute this General Release on or before the date that is 21 days after the effective date of the Employee’s intention to revoketermination of employment. If Employee exercises Employee’s right to revoke hereunder, Employee shall This General Release is final and binding and may not be entitledchanged or modified, except as required by applicable wage payment laws, including but not limited to provided in a signed and dated agreement in writing between the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will immediately reimburse Matador for the amounts of such payments and benefits to which he is not entitled.First Savings Bank Northwest. EMPLOYEE Date: __________________ ______________________

Appears in 2 contracts

Samples: Control Severance Agreement (First Financial Northwest, Inc.), Change in Control Severance Agreement (First Financial Northwest, Inc.)

Knowing and Voluntary Waiver. EmployeeXxxxxx, by Employee’s Xxxxxx’x free and voluntary act of signing below, (i) acknowledges that Employee he has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Employee he has been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee he understands that this Agreement specifically releases and waives all rights and claims Employee he may have under the ADEAAge Discrimination in Employment Act, as amended, prior to the date on which Employee he signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties parties hereto acknowledge and agree that each Party party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties parties hereto and not in favor of or against either Partyparty, regardless of which Party party generally was responsible for the preparation of this Agreement. This Xxxxxx understands and acknowledges that he has seven (7) days after he executes this Agreement will become effective, enforceable and irrevocable on to revoke the eighth day after release of his claims under the date on which it is executed by Employee (the “Effective Date”)ADEA. During the this seven-day period prior revocation period, Xxxxxx may revoke his agreement to release claims under the ADEA by indicating in writing to the Effective Date, Employee may revoke Employee’s agreement to accept the terms hereof by giving notice to Matador of Employee’s Company his intention to revoke. If Employee Xxxxxx exercises Employee’s his right to revoke hereundersuch release, Employee he shall not be entitled, except as required by applicable wage payment laws, including but not limited forfeit his right to receive any of the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claimspayments or benefits provided for herein, and to the extent such payments or benefits have already been made, Employee Xxxxxx agrees that Employee he will immediately reimburse Matador the Company for the amounts of such payments and benefits to which he is not entitledbenefits.

Appears in 1 contract

Samples: Separation Agreement and Release (Nephros Inc)

Knowing and Voluntary Waiver. EmployeeThe Employee acknowledges that, by the Employee’s free and voluntary act of signing below, (i) acknowledges that the Employee has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Employee has been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims Employee may have under the ADEA, prior to the date on which Employee signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and Employee understands that he may consider whether to agree that each Party has reviewed and negotiated to the terms and provisions contained herein for a period of this Agreement and has contributed to its preparation (with advice of counsel)twenty-one days after the date hereof. Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of Employee may execute this Agreement shall be construed fairly by September [6], 2005, to acknowledge his understanding of and agreement with the foregoing. The Termination Payment provided for herein will not commence until the Effective Date as that term is defined directly below. The Employee acknowledges that he has been advised to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of consult with an attorney prior to executing this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by the Employee (the “Effective Date”). During the seven-day period prior to the Effective Date, the Employee may revoke Employee’s his agreement to accept the terms hereof by giving notice indicating in writing to Matador of Employee’s the Company, in a manner consistent with the Notice provisions provided for in Section 14(e) above, his intention to revoke. If the Employee exercises Employee’s his right to revoke hereunder, Employee he shall not be entitledforfeit his right to receive any of the benefits provided for herein, except as required by applicable wage payment laws, including but not limited to other than the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claims, and to the extent such payments or benefits have already been mademade (other than the Accrued Obligations), the Employee agrees that Employee he will immediately reimburse Matador the Company for the amounts of such payments payments. The Employee acknowledges that, by his free and benefits voluntary act of signing below, he agrees to which he is not entitledall of the terms of this Agreement, including the General Release and Waiver contained herein and intends to be legally bound thereby.

Appears in 1 contract

Samples: Separation Agreement and General Release and Waiver (KRATON Polymers U.S. LLC)

Knowing and Voluntary Waiver. EmployeeExecutive, by EmployeeExecutive’s free and voluntary act of signing below, (i) acknowledges that Employee he has been given a period of twenty-one (21) 21 days to consider whether to agree to the terms contained herein, (ii) acknowledges that Employee he has been advised in writing to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee he understands that this Agreement specifically releases and waives all rights and claims Employee Executive may have under the Age Discrimination in Employment Act, as amended (“ADEA, ”) prior to the date on which Employee Executive signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge Furthermore, Executive acknowledges that the promises and agree that each Party has reviewed and negotiated the terms and provisions benefits provided for in Paragraph 2 of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not will be employed in the interpretation of this Agreement. Rather, the terms of delayed until this Agreement shall be construed fairly as to both Parties becomes effective, enforceable and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreementirrevocable. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee Executive (the “Effective Date”). During the seven-day period prior to the Effective Date, Employee Executive may revoke Employee’s his agreement to accept the terms hereof by giving notice indicating in writing to Matador of Employee’s the Company his intention to revoke. If Employee Executive exercises Employee’s his right to revoke hereunder, Employee Executive shall not be entitled, except as required by applicable wage payment laws, including but not limited forfeit his right to receive any of the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claimspayments or benefits provided for herein, and to the extent such payments or benefits have already been made, Employee Executive agrees that Employee he will immediately reimburse Matador the Company for the amounts of such payments promises and benefits benefits. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THE FOREGOING AGREEMENT, THAT I UNDERSTAND ALL OF ITS TERMS AND THAT I AM RELEASING CLAIMS AND THAT I AM ENTERING INTO IT VOLUNTARILY. AGREED TO BY: /s/Xxxxxx Xxxxxx Date: February 24, 0000 XXXXXX XXXXXX STATE OF TEXAS COUNTY OF COLLIN § § § Before me, a Notary Public, on this 24th day of February personally appeared Xxxxxx Xxxxxx, known to which me to be the person whose name is subscribed to the foregoing instrument, and acknowledges to me that he has executed this Agreement on behalf of herself and his heirs, for the purposes and consideration therein expressed. Given under my hand and seal of office this 24th day of February, 2012. /s/ Xxx Xxxx Notary Public in and for the State of Texas (PERSONALIZED SEAL) XXXXX GOLF, INC By: /s/ X.X. Xxxxx Title: Chairman Date: February 21, 2012______________________ STATE OF TEXAS COUNTY OF COLLIN § § § Before me, a Notary Public, on this day personally appeared X.X. Xxxxx, known to me to be the person and officer whose name is not entitled.subscribed to the foregoing instrument and acknowledged to me that the same was the act of the corporation, and that he has executed the same on behalf of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 21st day of February, 2012. /s/ Xxx Xxxx Notary Public in and for the State of Texas (PERSONALIZED SEAL)

Appears in 1 contract

Samples: Separation Agreement and Release (Adams Golf Inc)

Knowing and Voluntary Waiver. Employee, by Employee’s free and voluntary act of signing below, (i) acknowledges that Employee received this Agreement on July 24, 2012 and has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Employee has been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims Employee may have under the ADEA, ADEA prior to the date on which Employee signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee (the “Effective Date”). During the seven-day period prior to the Effective Date, Employee may revoke Employee’s agreement to accept the terms hereof by giving notice to Matador of Employee’s intention to revoke. If Employee exercises Employee’s right to revoke hereunder, Employee shall not be entitled, except as required by applicable wage payment laws, including including, but not limited to the to, Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will immediately reimburse Matador for the amounts of such payments and benefits to which he is not entitled.

Appears in 1 contract

Samples: Separation Agreement and Release (Matador Resources Co)

Knowing and Voluntary Waiver. EmployeeThe Employee acknowledges that, by the Employee’s free and voluntary act of signing below, (i) acknowledges that the Employee has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Employee has been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims Employee may have under the ADEA, prior to the date on which Employee signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and Employee understands that he may consider whether to agree that each Party has reviewed and negotiated to the terms and provisions contained herein for a period of this Agreement and has contributed to its preparation (with advice of counsel)twenty-one days after the date hereof. Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of Employee may execute this Agreement shall be construed fairly by October 11th, 2004, to acknowledge his understanding of and agreement with the foregoing. The Termination Payments provided for herein will not commence until the Effective Date as that term is defined directly below. The Employee acknowledges that he has been advised to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of consult with an attorney prior to executing this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by the Employee (the “Effective Date”). During the seven-day period prior to the Effective Date, the Employee may revoke Employee’s his agreement to accept the terms hereof by giving notice indicating in writing to Matador of Employee’s the Company, in a manner consistent with the Notice provisions provided for in Section 13 above, his intention to revoke. If the Employee exercises Employee’s his right to revoke hereunder, Employee he shall not be entitledforfeit his right to receive any of the benefits provided for herein, except as required by applicable wage payment laws, including but not limited to other than the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claims, and to the extent such payments or benefits have already been mademade (other than the Accrued Obligations), the Employee agrees that Employee he will immediately reimburse Matador the Company for the amounts of such payments payments. The Employee acknowledges that, by his free and benefits voluntary act of signing below, he agrees to which he is not entitledall of the terms of this Agreement, including the General Release and Waiver contained herein and intends to be legally bound thereby.

Appears in 1 contract

Samples: Separation Agreement and General Release and Waiver (Kraton Polymers LLC)

Knowing and Voluntary Waiver. EmployeeConsultant, by EmployeeConsultant’s free and voluntary act of signing below, (i) acknowledges that Employee Consultant has been given a period of twenty-one (21) days to consider whether to agree to the terms contained hereinin the General Release and Waiver set forth in Section VI.A., (ii) acknowledges that Employee Consultant has been advised in writing to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee Consultant understands that this Agreement specifically releases and waives all rights and claims Employee Consultant may have under the Age Discrimination in Employment Act, as amended (“ADEA, ”) prior to the date on which Employee Consultant signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge Furthermore, Consultant acknowledges that the promises and agree that each Party has reviewed and negotiated benefits, including, without limitation, the terms and provisions Consulting Fee, provided for in Section II.A. of this Agreement will be delayed until this Agreement becomes effective, enforceable and has contributed irrevocable. Except as otherwise provided herein, this Agreement will become effective on the Effective Date, provided, however, that the provisions of Section VI.A. relating to its preparation (with advice Consultant’s release of counsel). Accordingly, claims under the rule of construction to the effect that ambiguities are resolved against the drafting party ADEA shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on until the eighth (8th) day after the date on which it is executed by Employee (the “Effective Date”). During the seven-day seven (7th)-day period prior after to the Effective Date, Employee Consultant may revoke EmployeeConsultant’s agreement to accept release claims under the terms hereof ADEA by giving notice indicating in writing to Matador of Employeethe Company Consultant’s intention to revoke. If Employee Consultant exercises EmployeeConsultant’s right to revoke hereunder, Employee Consultant shall not be entitledforfeit Consultant’s right to receive an amount equal to eleven (11) months of the Consulting Fee, and this Agreement (except as required otherwise provided by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will Section V.B.) shall immediately reimburse Matador for the amounts of such payments and benefits to which he is not entitledterminate.

Appears in 1 contract

Samples: Consulting Agreement and Release (Tuesday Morning Corp/De)

Knowing and Voluntary Waiver. EmployeeExecutive, by EmployeeExecutive’s free and voluntary act of signing below, (i) acknowledges that Employee she was given this Agreement on March 30, 2012 for review, and has been given a period of twenty-one (21) 21 days to consider whether to agree to the terms contained herein, (ii) acknowledges that Employee she has been advised in writing to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee she understands that this Agreement specifically releases and waives all rights and claims Employee Executive may have under the Age Discrimination in Employment Act, as amended (“ADEA, ”) prior to the date on which Employee Executive signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge Furthermore, Executive acknowledges that the promises and agree that each Party has reviewed and negotiated the terms and provisions benefits provided for in Paragraph 2 of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not will be employed in the interpretation of this Agreement. Rather, the terms of delayed until this Agreement shall be construed fairly as to both Parties becomes effective, enforceable and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreementirrevocable. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee Executive (the “Effective Date”). During the seven-day period prior to the Effective Date, Employee Executive may revoke Employee’s her agreement to accept the terms hereof by giving notice indicating in writing to Matador of Employee’s the Company her intention to revoke. If Employee Executive exercises Employee’s her right to revoke hereunder, Employee Executive shall not be entitled, except as required by applicable wage payment laws, including but not limited forfeit her right to receive any of the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claimspayments or benefits provided for herein, and to the extent such payments or benefits have already been made, Employee Executive agrees that Employee she will immediately reimburse Matador the Company for the amounts of such payments promises and benefits benefits. ************************ I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THE FOREGOING AGREEMENT, THAT I UNDERSTAND ALL OF ITS TERMS AND THAT I AM RELEASING CLAIMS AND THAT I AM ENTERING INTO IT VOLUNTARILY. AGREED TO BY: /s/ Xxx Xxxxx XXX XXXXX 4/19/12 Date STATE OF MINNESOTA COUNTY OF OLMSTED Before me, a Notary Public, on this 19th day personally appeared Xxx Xxxxx, known to which me to be the person whose name is subscribed to the foregoing instrument, and acknowledges to me that s/he has executed this Agreement on behalf of himself and her heirs, for the purposes and consideration therein expressed. Given under my hand and seal of office this 19th day of April, 2012. /s/ Xxxx X. Xxxxxxx Notary Public in and for the State of Minnesota (PERSONALIZED SEAL) SUPREME INDIANA OPERATIONS, INC. By: /s/ Xxxxxxx X. Xxxxxxx Title: Director Date: 5/3/2012 STATE OF INDIANA COUNTY OF ELKHART Before me, a Notary Public, on this day personally appeared Xxxxxxx X. Xxxxxxx, known to me to be the person and officer whose name is not entitled.subscribed to the foregoing instrument and acknowledged to me that the same was the act of Supreme Indiana Operations, and that s/he has executed the same on behalf of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 3rd day of May, 2012. /s/ Xxxxx X. Xxxxxx Notary Public in and for the State of Indiana (PERSONALIZED SEAL) SUPREME INDUSTRIES, INC. By: /s/ Xxxxxxx X. Xxxxxxx Title: Director Date: 5/3/2012 STATE OF INDIANA COUNTY OF ELKHART Before me, a Notary Public, on this day personally appeared Xxxxxxx X. Xxxxxxx, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of Supreme Industries, and that s/he has executed the same on behalf of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 3rd day of May, 2012. /s/ Xxxxx X. Xxxxxx Notary Public in and for the State of Indiana (PERSONALIZED SEAL)

Appears in 1 contract

Samples: Separation Agreement and Release (Supreme Industries Inc)

Knowing and Voluntary Waiver. EmployeeContractor and Xxxxxxx, by Employee’s their free and voluntary act acts of signing below, (i) acknowledges acknowledge that Employee has they have been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Employee has they have been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges acknowledge that Employee understands they understand that this Agreement specifically releases and waives all rights and claims Employee they may have under the ADEA, prior to the date on which Employee signs they sign this Agreement, and (iv) agrees agree to all of the terms of this Agreement and intends intend to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both all Parties and not in favor of or against either any Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee Contractor and Xxxxxxx (the “Effective Date”). During the seven-day period prior to the Effective Date, Employee Contractor and Xxxxxxx may revoke Employee’s their agreement to accept the terms hereof by giving notice to Matador of Employee’s their intention to revoke. If Employee Contractor and Xxxxxxx exercises Employee’s their right to revoke hereunder, Employee they shall not be entitled, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Employee executes they execute and does do not revoke a comparable release of claims, and to the extent such payments or benefits have already been made, Employee agrees they agree that Employee they will immediately reimburse Matador for the amounts of such payments and benefits to which he is they are not entitled.

Appears in 1 contract

Samples: Independent Contractor Agreement (Matador Resources Co)

Knowing and Voluntary Waiver. EmployeeBy signing this General Release, by the Employee expressly acknowledges and agrees that: (a) the Employee has carefully read it and fully understands what it means; (b) the Employee has discussed this General Release with an attorney of the Employee’s free and voluntary act of choosing before signing below, it; (ic) acknowledges that the Employee has been given a period of twenty-one (21) at least 21 calendar days to consider whether to agree to this General Release; (d) the terms contained herein, (ii) acknowledges that Employee has been advised agreed to consult with an attorney prior this General Release knowingly and voluntarily and was not subjected to executing any undue influence or duress; (e) the consideration provided him under Agreement is sufficient to support the releases provided by him under this Agreement, General Release; (iiif) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims the Employee may have under revoke the ADEA, prior to Employee’s execution of this General Release within seven days after the date on which Employee signs this Agreement, it by sending written notice of revocation as set forth below; and (ivg) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee executes this General Release (the “Effective Date”), this General Release becomes effective and enforceable, provided that the Employee does not revoke it during the revocation period. During Any revocation of the seven-day period prior Employee’s execution of this General Release must be submitted, in writing, to Anchor Bank, at its main office, to the Effective Dateattention of the Chairman of the Board, Employee may stating “I hereby revoke my execution of the General Release.” The revocation must be personally delivered to the Chairman of the Board of Anchor Bank or mailed to the Chairman of the Board of Anchor Bank and postmarked within seven days of the Employee’s agreement execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to accept the terms hereof by giving notice following day which is not a Saturday, Sunday or legal holiday. The Employee agrees that if the Employee does not execute this General Release or, in the event of revocation, the Employee will not be entitled to Matador receive any of the payments or benefits under Section 7(a) or 7(d) of the Agreement. The Employee must execute this General Release on or before the date that is 21 days after the effective date of the Employee’s intention to revoketermination of employment. If Employee exercises Employee’s right to revoke hereunder, Employee shall This General Release is final and binding and may not be entitledchanged or modified, except as required by applicable wage payment laws, including but not limited to provided in a signed and dated agreement in writing between the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will immediately reimburse Matador for the amounts of such payments and benefits to which he is not entitled.Anchor Bank. EMPLOYEE Date: __________________ ______________________

Appears in 1 contract

Samples: Form of Employment Agreement (Anchor Bancorp)

Knowing and Voluntary Waiver. EmployeeThe Employee acknowledges that, by the Employee’s free and voluntary act of signing below, (i) acknowledges that the Employee has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Employee has been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims Employee may have under the ADEA, prior to the date on which Employee signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and Employee understands that he may consider whether to agree that each Party has reviewed and negotiated to the terms and provisions contained herein for a period of this Agreement and has contributed to its preparation (with advice of counsel)twenty-one days after the date hereof. Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of Employee may execute this Agreement shall be construed fairly by [ ], 2005 to acknowledge his understanding of and agreement with the foregoing. The Termination Payments provided for herein will not commence until the Effective Date as that term is defined directly below. The Employee acknowledges that he has been advised to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of consult with an attorney prior to executing this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by the Employee (the “Effective Date”). During the seven-day period prior to the Effective Date, the Employee may revoke Employee’s his agreement to accept the terms hereof by giving notice indicating in writing to Matador of Employee’s the Company, in a manner consistent with the Notice provisions provided for in Section 13 above, his intention to revoke. If the Employee exercises Employee’s his right to revoke hereunder, Employee he shall not be entitledforfeit his right to receive any of the benefits provided for herein, except as required by applicable wage payment laws, including but not limited to other than the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claims, and to the extent such payments or benefits have already been mademade (other than the Accrued Obligations), the Employee agrees that Employee he will immediately reimburse Matador the Company for the amounts of such payments payments. The Employee acknowledges that, by his free and benefits voluntary act of signing below, he agrees to which he is not entitledall of the terms of this Agreement, including the General Release and Waiver contained herein and intends to be legally bound thereby.

Appears in 1 contract

Samples: Separation Agreement and General Release and Waiver (Polymer Holdings LLC)

Knowing and Voluntary Waiver. Employee, by Employee’s his free and voluntary act of signing below, (i) acknowledges that Employee he has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Employee he has been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee he understands that this Agreement specifically releases and waives all rights and claims Employee he may have under the ADEA, ADEA prior to the date on which Employee he signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. Furthermore, Employee acknowledges that the payments and benefits provided for in Paragraph 2 of this Agreement will be delayed until this Agreement becomes effective, enforceable and irrevocable. The Parties parties hereto acknowledge and agree that each Party party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties parties hereto and not in favor of or against either Partyparty, regardless of which Party party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee (the “Effective Date”). During the seven-day period prior to the Effective Date, Employee may revoke Employee’s his agreement to accept the terms hereof by giving notice indicating in writing to Matador of Employee’s the Company his intention to revoke. If Employee exercises Employee’s his right to revoke hereunder, Employee he shall not be entitledforfeit his right to receive any of the payments, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claimsrestricted stock or benefits provided for herein, and to the extent such payments or benefits have already been made, Employee agrees that Employee he will immediately reimburse Matador the Company for the amounts of such payments and benefits benefits. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THE FOREGOING AGREEMENT, THAT I UNDERSTAND ALL OF ITS TERMS AND THAT I AM RELEASING CLAIMS AND THAT I AM ENTERING INTO IT VOLUNTARILY. AGREED TO BY: /s/ Xxxxxx Xxxxxxx 6-27-2008 Xxxxxx Xxxxxxx Date STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public, on this day personally appeared Xxxxxx Xxxxxxx, known to which me to be the person whose name is subscribed to the foregoing instrument, and acknowledges to me that he has executed this Agreement on behalf of himself and his heirs, for the purposes and consideration therein expressed. Given under my hand and seal of office this 27th day of June, 2008. /s/ X.X. Xxxxxxx Notary Public in and for the State of Texas (PERSONALIZED SEAL) TOREADOR RESOURCES CORPORATION By: /s/ Xxxxx Xxxxxx Title: President and Chief Executive Officer Date: 6/30/08 STATE OF TEXAS COUNTY OF Dallas Before me, a Notary Public, on this day personally appeared Xxxxx Xxxxxx, known to me to be the person and officer whose name is not entitled.subscribed to the foregoing instrument and acknowledged to me that the same was the act of Toreador Resources Corporation, and that s/he has executed the same on behalf of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 30th day of June, 2008. /s/ Xxxxxxx X. Xxxxxxxx Notary Public in and for the State of Texas (PERSONALIZED SEAL) EXHIBIT A June ___, 2008 Xxxxx Xxxxxx Toreador Resources Corporation 00000 Xxxx Xxxx, Suite 1100 Dallas, Texas 75240 Dear Nigel: I hereby resign my employment and all of my officer positions with Toreador Resources Corporation and all of its affiliates effective immediately. Sincerely, Xxxxxx Xxxxxxx

Appears in 1 contract

Samples: Separation Agreement and Release (Toreador Resources Corp)

Knowing and Voluntary Waiver. EmployeeBy signing this General Release, by Employee’s free the Employee expressly acknowledges and voluntary act agrees that: (a) he has carefully read it and fully understands what it means; (b) he has discussed this General Release with an attorney of his choosing before signing below, it; (ic) acknowledges that Employee he has been given a period of twenty-one (21) at least 21 calendar days to consider whether this General Release; (d) he has agreed to agree this General Release knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the terms contained herein, (ii) acknowledges that Employee has been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims Employee may have consideration provided him under the ADEAAgreement and as otherwise agreed to between Employee and ViewPoint Bank, prior which consideration is described in Attachment 1 to this General Release, is sufficient to support the date on which Employee releases provided by him under this General Release; (f) he may revoke his execution of this General Release within seven days after he signs this Agreement, it by sending written notice of revocation as set forth below; and (ivg) agrees to all on the later of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after he executes this General Release and the date on which it is executed by Employee Termination Date (such later date, the “Effective Date”), this General Release becomes effective and enforceable, provided that the Employee does not revoke it during the revocation period. During Any revocation of the seven-day period prior Employee’s execution of this General Release must be submitted, in writing, to ViewPoint Bank, at its main office, to the Effective Dateattention of the Chairman of the Board of ViewPoint Bank, Employee may stating “I hereby revoke my execution of the General Release.” The revocation must be personally delivered to the Chairman of the Board of ViewPoint Bank or mailed to the Chairman of the Board of ViewPoint Bank and postmarked within seven days of the Employee’s agreement execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to accept the terms hereof by giving notice following day which is not a Saturday, Sunday or legal holiday. The Employee agrees that if he does not execute this General Release or, in the event of revocation, he will not be entitled to Matador receive any of the payments or benefits under Section 3 of the Agreement. The Employee must execute this General Release on or before the date that is 21 days after the effective date of the Employee’s intention to revokeTermination Date (as determined under the Agreement, the “Resignation Date”). If Employee exercises Employee’s right to revoke hereunder, Employee shall This General Release is final and binding and may not be entitledchanged or modified, except as required by applicable wage payment lawsprovided in a signed and dated agreement in writing between the Employee and ViewPoint Bank. Employee: Date: Xxxxx X. Xxxxx ViewPoint Bank, including but not limited N.A. Date: By: Name: Title: Attachment 1 to General Release Consideration for Release ViewPoint Bank agrees to pay to Employee the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release following as consideration for Employee’s execution of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will immediately reimburse Matador for the amounts of such payments and benefits to which he is not entitled.this General Release:

Appears in 1 contract

Samples: General Release (ViewPoint Financial Group Inc.)

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Knowing and Voluntary Waiver. EmployeeBy signing this Supplemental General Release, by Employee’s free the Executive expressly acknowledges and voluntary act agrees that: (a) he has carefully read it and fully understands what it means; (b) he has discussed this Supplemental General Release with an attorney of his choosing before signing below, it; (ic) acknowledges that Employee he has been given a period of twenty-one (21) at least 21 calendar days to consider whether this Supplemental General Release; (d) he has agreed to agree this Supplemental General Release knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the terms contained herein, consideration provided him under Agreement is sufficient to support the releases provided by him under this Supplemental General Release; (iif) acknowledges that Employee has been advised to consult with an attorney prior to executing he may revoke his execution of this Agreement, (iii) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims Employee may have under the ADEA, prior to the date on which Employee Supplemental General Release within seven days after he signs this Agreement, it by sending written notice of revocation as set forth below; and (ivg) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee he executes this Supplemental General Release (the “Effective Date”). During , this Supplemental General Release becomes effective and enforceable, provided that the seven-day period prior to the Effective Date, Employee may revoke Employee’s agreement to accept the terms hereof by giving notice to Matador of Employee’s intention to revoke. If Employee exercises Employee’s right to revoke hereunder, Employee shall not be entitled, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Employee executes and Executive does not revoke a comparable release it during the revocation period. Any revocation of claimsthe Executive’s execution of this Supplemental General Release must be submitted, and in writing, to PFC at its main office, to the extent such attention of the Chairman of the Board, stating “I hereby revoke my execution of the Supplemental General Release.” The revocation must be personally delivered to the Chairman of the Board or mailed to the Chairman of the Board and postmarked within seven days of the Executive’s execution of this Supplemental General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if he does not execute this Supplemental General Release or, in the event of revocation, he will not be entitled to receive any of the payments or benefits have already been made, Employee agrees under Section 2 of the Agreement. The Executive must execute this Supplemental General Release on or before the date that Employee will immediately reimburse Matador for is 21 days after the amounts of such payments Termination Date (as defined in the Agreement). This Supplemental General Release is final and benefits to which he is binding and may not entitled.be changed or modified. Date: Xxxxxxx X. Xxxxxx

Appears in 1 contract

Samples: Separation and Release Agreement (Pulaski Financial Corp)

Knowing and Voluntary Waiver. EmployeeBy signing this General Release, by the Employee expressly acknowledges and agrees that: (a) the Employee has carefully read it and fully understands what it means; (b) the Employee has discussed this General Release with an attorney of the Employee’s free and voluntary act of choosing before signing below, it; (ic) acknowledges that the Employee has been given a period of twenty-one (21) at least 21 calendar days to consider whether to agree to this General Release; (d) the terms contained herein, (ii) acknowledges that Employee has been advised agreed to consult with an attorney prior this General Release knowingly and voluntarily and was not subjected to executing any undue influence or duress; (e) the consideration provided him or her under Agreement is sufficient to support the releases provided by him or her under this Agreement, General Release; (iiif) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims the Employee may have under revoke the ADEA, prior to Employee’s execution of this General Release within seven days after the date on which Employee signs this Agreement, it by sending written notice of revocation as set forth below; and (ivg) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee executes this General Release (the “Effective Date”), this General Release becomes effective and enforceable, provided that the Employee does not revoke it during the revocation period. During Any revocation of the seven-day period prior Employee’s execution of this General Release must be submitted, in writing, to First Federal Savings and Loan Association of Port Angeles, at its main office, to the Effective Dateattention of the Chairman of the Board, Employee may stating “I hereby revoke my execution of the General Release.” The revocation must be personally delivered to the Chairman of the Board of First Federal Savings and Loan Association of Port Angeles or mailed to the Chairman of the Board of First Federal Savings and Loan Association of Port Angeles and post marked within seven days of the Employee’s agreement execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to accept the terms hereof by giving notice following day which is not a Saturday, Sunday or legal holiday. The Employee agrees that if the Employee does not execute this General Release or, in the event of revocation, the Employee will not be entitled to Matador receive any of the payments or benefits under Section 7(a) or 7(d) of the Agreement. The Employee must execute this General Release on or before the date that is 21 days after the effective date of the Employee’s intention to revoketermination of employment. If Employee exercises Employee’s right to revoke hereunder, Employee shall This General Release is final and binding and may not be entitledchanged or modified, except as required by applicable wage payment laws, including but not limited to provided in a signed and dated agreement in writing between the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release First Federal Savings and Loan Association of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will immediately reimburse Matador for the amounts of such payments and benefits to which he is not entitled.Port Angeles. EMPLOYEE Date:

Appears in 1 contract

Samples: Employment Agreement (First Northwest Bancorp)

Knowing and Voluntary Waiver. EmployeeBy signing this General Release, by the Employee expressly acknowledges and agrees that: (a) the Employee has carefully read it and fully understands what it means; (b) the Employee has discussed this General Release with an attorney of the Employee’s free and voluntary act of choosing before signing below, it; (ic) acknowledges that the Employee has been given a period of twenty-one (21) at least 21 calendar days to consider whether to agree to this General Release; (d) the terms contained herein, (ii) acknowledges that Employee has been advised agreed to consult with an attorney prior this General Release knowingly and voluntarily and was not subjected to executing any undue influence or duress; (e) the consideration provided the Employee under the Agreement is sufficient to support the releases provided by the Employee under this Agreement, General Release; (iiif) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims the Employee may have under revoke the ADEA, prior to Employee’s execution of this General Release within seven days after the date on which Employee signs this Agreement, it by sending written notice of revocation as set forth below; and (ivg) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee executes this General Release (the “Effective Date”), this General Release becomes effective and enforceable, provided that the Employee does not revoke it during the revocation period. During Any revocation of the seven-day period prior Employee’s execution of this General Release must be submitted, in writing, to the Effective DateBank, Employee may at its main office, to the attention of the Chairman of the Board, stating “I hereby revoke my execution of the General Release.” The revocation must be personally delivered to the Chairman of the Board of the Bank or mailed to the Chairman of the Board of the Bank and postmarked within seven days of the Employee’s agreement execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to accept the terms hereof by giving notice following day which is not a Saturday, Sunday or legal holiday. The Employee agrees that if the Employee does not execute this General Release or, in the event of revocation, the Employee will not be entitled to Matador receive any of the payments or benefits under Section 7(a) or 7(d) of the Agreement. The Employee must execute this General Release on or before the date that is 21 days after the effective date of the Employee’s intention to revoketermination of employment. If Employee exercises Employee’s right to revoke hereunder, Employee shall This General Release is final and binding and may not be entitledchanged or modified, except as required by applicable wage payment laws, including but not limited to provided in a signed and dated agreement in writing between the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will immediately reimburse Matador for the amounts of such payments and benefits to which he is not entitled.Bank. EMPLOYEE Date: __________________ ________________________

Appears in 1 contract

Samples: Employment Agreement (Banner Corp)

Knowing and Voluntary Waiver. EmployeeThe Employee acknowledges that, by the Employee’s free and voluntary act of signing below, (i) acknowledges that the Employee has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Employee has been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims Employee may have under the ADEA, prior to the date on which Employee signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and Employee understands that he may consider whether to agree that each Party has reviewed and negotiated to the terms and provisions contained herein for a period of this Agreement and has contributed to its preparation (with advice of counsel)twenty-one days after the date hereof. Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of Employee may execute this Agreement shall be construed fairly by October 26, 2006, to acknowledge his understanding of and agreement with the foregoing. The Termination Payment provided for herein will not commence until the Effective Date as that term is defined directly below. The Employee acknowledges that he has consulted with an attorney prior to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of executing this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by the Employee (the “Effective Date”). During the seven-day period prior to the Effective Date, the Employee may revoke Employee’s his agreement to accept the terms hereof by giving notice indicating in writing to Matador of Employee’s the Company, in a manner consistent with the Notice provisions provided for in Section 14(e) above, his intention to revoke. If the Employee exercises Employee’s his right to revoke hereunder, Employee he shall not be entitledforfeit his right to receive any of the benefits provided for herein, except as required by applicable wage payment laws, including but not limited to other than the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claims, and to the extent such payments or benefits have already been mademade (other than the Accrued Obligations), the Employee agrees that Employee he will immediately reimburse Matador the Company for the amounts of such payments payments. The Employee acknowledges that, by his free and benefits voluntary act of signing below, he agrees to which he is not entitledall of the terms of this Agreement, including the General Release and Waiver contained herein and intends to be legally bound thereby.

Appears in 1 contract

Samples: Separation Agreement and General Release and Waiver (Kraton Polymers LLC)

Knowing and Voluntary Waiver. EmployeeThe Consultant, by Employeethe Consultant’s free and voluntary act of signing below, (i) acknowledges that Employee (a) the Consultant has been given a period of twenty-one (21) days (“Review Period”) to consider whether to agree to the terms contained herein, (iib) acknowledges that Employee the Consultant has been advised in writing to consult with an attorney prior to executing this Agreement, (iiic) acknowledges that Employee the Consultant understands that this Agreement specifically releases and waives all rights and claims Employee the Consultant may have under the ADEA, Age Discrimination in Employment Act prior to the date on which Employee the Consultant signs this Agreement, (d) the Consultant has had an opportunity to review all aspects of this Agreement, and that the Consultant fully understands all the provisions of the Agreement and is voluntarily entering into this Agreement; and (ive) the Consultant agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge Consultant and the Company agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed any changes to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, whether material or immaterial, will not restart the terms running of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this AgreementReview Period. This Agreement will become effective, enforceable and irrevocable as to the Consultant’s release of any claims the Consultant may have under the Age Discrimination in Employment Act on the eighth day after the date on which it is executed by Employee the Consultant (the Release Effective Date”). During the seven-day period prior to the Release Effective Date, Employee the Consultant may revoke Employeethe Consultant’s agreement to accept release any claims the terms hereof Consultant may have under the Age Discrimination in Employment Act, and any amendments thereto, by giving notice indicating in writing to Matador of Employeethe Company the Consultant’s intention to revoke, in accordance with the provisions of Section 8. If Employee the Consultant exercises Employeethe Consultant’s right to revoke hereunder, Employee the Consultant shall not be entitledforfeit the Consultant’s right to receive the Release Payment provided for in Section 5.1, except as required by applicable wage payment laws, including but not limited to for the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claimsPartial Release Payment, and to the extent such payments or benefits have already been made, Employee the Consultant agrees that Employee the Consultant will immediately reimburse Matador the Company for the amounts of such payments and benefits within fourteen (14) days of the Consultant exercising the Consultant’s right to which he is not entitledrevoke hereunder.

Appears in 1 contract

Samples: Consulting Agreement (PFO Global, Inc.)

Knowing and Voluntary Waiver. EmployeeExecutive, by EmployeeExecutive’s free and voluntary act of signing below, (ia) acknowledges that Employee Executive has been given a period of twenty-one (21) 21 days to consider whether to agree to the terms contained herein, (iib) acknowledges that Employee Executive has been advised in writing to consult with an attorney prior to executing this Agreement, (iiic) acknowledges that Employee Executive understands that this Agreement specifically releases and waives all rights and claims Employee Claims Executive may have under the Age Discrimination in Employment Act, as amended (“ADEA, ”) prior to the date on which Employee Executive signs this Agreement, and (ivd) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge Furthermore, Executive acknowledges that he is not entitled to the promises and agree that each Party has reviewed benefits, including, without limitation, the Severance Payment and negotiated the terms and provisions accelerated vesting of restricted stock provided for in Paragraph 2 of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of until this Agreement shall be construed fairly as to both Parties and not the Release of Claims in favor of or against either PartyExhibit A have become effective, regardless of which Party generally was responsible for the preparation of this Agreementenforceable and irrevocable. This Agreement will become effective, enforceable and irrevocable on the eighth (8th) day after the date on which it is executed by Employee Executive (the “Effective Date”). During the seven-day period prior to the Effective Date, Employee Executive may revoke Employee’s his agreement to accept release claims under this Agreement by expressly indicating in writing to the terms hereof by giving notice to Matador of Employee’s Company, Attention: Xxxxx Xxxx, his intention to revokerevoke this Agreement. If Employee Executive exercises Employee’s his right to revoke hereunder, Employee Executive shall not be entitledforfeit his right to receive the Severance Payment, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Employee executes accelerated vesting of restricted stock and does not revoke a comparable release of claimsother benefits provided for herein, and to the extent such payments or benefits have already been made, Employee Executive agrees that Employee he will immediately reimburse Matador the Company for the amounts of such payments and benefits to which he is not entitledbenefits.

Appears in 1 contract

Samples: Transition Agreement (SWS Group Inc)

Knowing and Voluntary Waiver. EmployeeBy signing this General Release, by the Employee expressly acknowledges and agrees that: (a) the Employee has carefully read it and fully understands what it means; (b) the Employee has discussed this General Release with an attorney of the Employee’s free and voluntary act of choosing before signing below, it; (ic) acknowledges that the Employee has been given a period of twenty-one (21) at least 21 calendar days to consider whether to agree to this General Release; (d) the terms contained herein, (ii) acknowledges that Employee has been advised agreed to consult with an attorney prior this General Release knowingly and voluntarily and was not subjected to executing any undue influence or duress; (e) the consideration provided him under Agreement is sufficient to support the releases provided by him under this Agreement, General Release; (iiif) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims the Employee may have under revoke the ADEA, prior to Employee’s execution of this General Release within seven days after the date on which Employee signs this Agreement, it by sending written notice of revocation as set forth below; and (ivg) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee executes this General Release (the “Effective Date”), this General Release becomes effective and enforceable, provided that the Employee does not revoke it during the revocation period. During Any revocation of the seven-day period prior Employee’s execution of this General Release must be submitted, in writing, to Anchor Bank, at its main office, to the Effective Dateattention of the Chairman of the Board, Employee may stating “I hereby revoke my execution of the General Release.” The revocation must be personally delivered to the Chairman of the Board of Anchor Bank or mailed to the Chairman of the Board of Anchor Bank and postmarked within seven days of the Employee’s agreement execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to accept the terms hereof by giving notice following day which is not a Saturday, Sunday or legal holiday. The Employee agrees that if the Employee does not execute this General Release or, in the event of revocation, the Employee will not be entitled to Matador receive any of the payments or benefits under Section 3 of the Agreement. The Employee must execute this General Release on or before the date that is 21 days after the effective date of the Employee’s intention to revoketermination of employment. If Employee exercises Employee’s right to revoke hereunder, Employee shall This General Release is final and binding and may not be entitledchanged or modified, except as required by applicable wage payment laws, including but not limited to provided in a signed and dated agreement in writing between the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will immediately reimburse Matador for the amounts of such payments and benefits to which he is not entitled.Anchor Bank. EMPLOYEE Date: __________________ ______________________

Appears in 1 contract

Samples: Control Severance Agreement (Anchor Bancorp)

Knowing and Voluntary Waiver. EmployeeBy signing this General Release, by the Employee expressly acknowledges and agrees that: (a) the Employee has carefully read it and fully understands what it means; (b) the Employee has discussed this General Release with an attorney of the Employee’s free and voluntary act of choosing before signing below, it; (ic) acknowledges that the Employee has been given a period of twenty-one (21) at least 21 calendar days to consider whether to agree to this General Release; (d) the terms contained herein, (ii) acknowledges that Employee has been advised agreed to consult with an attorney prior this General Release knowingly and voluntarily and was not subjected to executing any undue influence or duress; (e) the consideration provided him or her under Agreement is sufficient to support the releases provided by him or her under this Agreement, General Release; (iiif) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims the Employee may have under revoke the ADEA, prior to Employee’s execution of this General Release within seven days after the date on which Employee signs this Agreement, it by sending written notice of revocation as set forth below; and (ivg) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee executes this General Release (the “Effective Date”), this General Release becomes effective and enforceable, provided that the Employee does not revoke it during the revocation period. During Any revocation of the seven-day period prior Employee’s execution of this General Release must be submitted, in writing, to First Federal Savings and Loan Association of Port Angeles, at its main office, to the Effective Dateattention of the Chairman of the Board, Employee may stating “I hereby revoke my execution of the General Release.” The revocation must be personally delivered to the Chairman of the Board of First Federal Savings and Loan Association of Port Angeles or mailed to the Chairman of the Board of First Federal Savings and Loan Association of Port Angeles and postmarked within seven days of the Employee’s agreement execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to accept the terms hereof by giving notice following day which is not a Saturday, Sunday or legal holiday. The Employee agrees that if the Employee does not execute this General Release or, in the event of revocation, the Employee will not be entitled to Matador receive any of the payments or benefits under Section 3 of the Agreement. The Employee must execute this General Release on or before the date that is 21 days after the effective date of the Employee’s intention to revoketermination of employment. If Employee exercises Employee’s right to revoke hereunder, Employee shall This General Release is final and binding and may not be entitledchanged or modified, except as required by applicable wage payment laws, including but not limited to provided in a signed and dated agreement in writing between the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release First Federal Savings and Loan Association of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will immediately reimburse Matador for the amounts of such payments and benefits to which he is not entitled.Port Angeles. EMPLOYEE Date: __________________ ______________________

Appears in 1 contract

Samples: Change in Control Severance Agreement (First Northwest Bancorp)

Knowing and Voluntary Waiver. EmployeeXxxxx, by Employee’s Xxxxx’x free and voluntary act of signing below, (i) acknowledges that Employee he was provided with an initial draft of this Agreement on September 5, 2008 and has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Employee he has been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee he understands that this Agreement specifically releases and waives all rights and claims Employee he may have under the ADEAAge Discrimination in Employment Act, as amended, prior to the date on which Employee he signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties parties hereto acknowledge and agree that each Party party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties parties hereto and not in favor of or against either Partyparty, regardless of which Party party generally was responsible for the preparation of this Agreement. This Xxxxx understands and acknowledges that he has seven (7) days after he executes this Agreement will become effective, enforceable and irrevocable on to revoke the eighth day after release of his claims under the date on which it is executed by Employee (the “Effective Date”)ADEA. During the this seven-day period prior revocation period, Xxxxx may revoke his agreement to release claims under the ADEA by indicating in writing to the Effective Date, Employee may revoke Employee’s agreement to accept the terms hereof by giving notice to Matador of Employee’s Company his intention to revoke. If Employee Xxxxx exercises Employee’s his right to revoke hereundersuch release, Employee he shall not be entitled, except as required by applicable wage payment laws, including but not limited forfeit his right to receive any of the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claimspayments or benefits provided for herein, and to the extent such payments or benefits have already been made, Employee Xxxxx agrees that Employee he will immediately reimburse Matador the Company for the amounts of such payments and benefits to which he is not entitledbenefits.

Appears in 1 contract

Samples: Separation Agreement and Release (Nephros Inc)

Knowing and Voluntary Waiver. EmployeeEmployee acknowledges that, by Employee’s free and voluntary act of signing below, (i) acknowledges that Employee has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Employee has been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims Employee may have under the ADEA, prior to the date on which Employee signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and Employee understands that he may consider whether to agree that each Party has reviewed and negotiated to the terms and provisions contained herein for a period of this Agreement and has contributed to its preparation (with advice of counsel)forty-five days. Accordingly, Employee must execute this Agreement by February 24, 2023 to acknowledge his understanding of and agreement with the rule foregoing. However, the Separation Payment provided herein will in any event be delayed at least until this Agreement becomes effective, enforceable, and irrevocable. Any payments or benefits delayed as a result of construction to the effect that ambiguities are resolved against the drafting party shall not be employed this Section 9 (whether they would have otherwise been payable in a single sum or in installments in the interpretation absence of this Agreement. Rather, the terms of this Agreement such delay) shall be construed fairly as paid in a lump sum on the first payroll date following the Effective Date. Employee acknowledges that he has been advised to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of consult with an attorney prior to executing this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee (the “Effective Date”). During the seven-day period prior to the Effective Date, Employee may revoke Employee’s his agreement to accept the terms hereof by giving notice indicating in writing to Matador of Employee’s Employer his intention to revoke. If Employee exercises Employee’s the right to revoke hereunder, Employee he shall not be entitled, except as required by applicable wage payment laws, including but not limited forfeit his right to receive any of the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release benefits provided for herein (exclusive of claimsaccrued obligations), and to the extent such payments or benefits have already been made, Employee agrees that Employee he will immediately reimburse Matador Employer for the amounts of such payments and benefits to which he is not entitledpayment.

Appears in 1 contract

Samples: Executive Separation Agreement (Amergent Hospitality Group Inc.)

Knowing and Voluntary Waiver. EmployeeBy signing this General Release, by Employee’s free the Employee expressly acknowledges and voluntary act agrees that: (a) he has carefully read it and fully understands what it means; (b) he has discussed this General Release with an attorney of his choosing before signing below, it; (ic) acknowledges that Employee he has been given a period of twenty-one (21) at least 21 calendar days to consider whether this General Release; (d) he has agreed to agree this General Release knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the terms contained herein, (ii) acknowledges that Employee has been advised to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims Employee may have consideration provided him under the ADEAAgreement and as otherwise agreed to between Employee and ViewPoint Bank, prior which consideration is described in Attachment 1 to this General Release, is sufficient to support the date on which Employee releases provided by him under this General Release; (f) he may revoke his execution of this General Release within seven days after he signs this Agreement, it by sending written notice of revocation as set forth below; and (ivg) agrees to all on the later of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after he executes this General Release and the date on which it is executed by Employee Termination Date (such later date, the “Effective Date”), this General Release becomes effective and enforceable, provided that the Employee does not revoke it during the revocation period. During Any revocation of the seven-day period prior Employee’s execution of this General Release must be submitted, in writing, to ViewPoint Bank, at its main office, to the Effective Dateattention of the Chairman of the Board of ViewPoint Bank, Employee may stating “I hereby revoke my execution of the General Release.” The revocation must be personally delivered to the Chairman of the Board of ViewPoint Bank or mailed to the Chairman of the Board of ViewPoint Bank and postmarked within seven days of the Employee’s agreement execution of this General Release. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to accept the terms hereof by giving notice following day which is not a Saturday, Sunday or legal holiday. The Employee agrees that if he does not execute this General Release or, in the event of revocation, he will not be entitled to Matador receive any of the payments or benefits under Section 3 of the Agreement. The Employee must execute this General Release on or before the date that is 21 days after the effective date of the Employee’s intention to revokeTermination Date (as determined under the Agreement, the “Resignation Date”). If Employee exercises Employee’s right to revoke hereunder, Employee shall This General Release is final and binding and may not be entitledchanged or modified, except as required by applicable wage payment lawsprovided in a signed and dated agreement in writing between the Employee and ViewPoint Bank. Employee: Date: Xxxx X. Xxxx ViewPoint Bank, including but not limited N.A. Date: By: Name: Title: Attachment 1 to General Release Consideration for Release ViewPoint Bank agrees to pay to Employee the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release following as consideration for Employee’s execution of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will immediately reimburse Matador for the amounts of such payments and benefits to which he is not entitled.this General Release:

Appears in 1 contract

Samples: General Release (ViewPoint Financial Group Inc.)

Knowing and Voluntary Waiver. EmployeeBy signing this Supplemental Release Agreement, by Employee’s free Executive expressly acknowledges and voluntary act agrees that: (a) he has carefully read it and fully understands what it means; (b) he has discussed this Supplemental Release Agreement with an attorney of his choosing before signing below, it; (ic) acknowledges that Employee he has been given a period of twenty-one (21) at least 21 calendar days to consider whether this Supplemental Release Agreement; (d) he has agreed to agree this Supplemental Release Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the terms contained herein, consideration provided him under Agreement is sufficient to support the releases provided by him under this Supplemental Release Agreement; (iif) acknowledges that Employee has been advised to consult with an attorney prior to executing he may revoke his execution of this Agreement, Supplemental Release Agreement within seven (iii7) acknowledges that Employee understands that this Agreement specifically releases and waives all rights and claims Employee may have under the ADEA, prior to the date on which Employee days after he signs this Agreement, it by sending written notice of revocation as set forth below; and (ivg) agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Agreement and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. Rather, the terms of this Agreement shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Employee he executes this Supplemental Release Agreement (the “Effective Date”). During the seven-day period prior to the Effective Date, Employee may revoke Employee’s agreement to accept the terms hereof by giving notice to Matador of Employee’s intention to revoke. If Employee exercises Employee’s right to revoke hereunderthis Supplemental Release Agreement becomes effective and enforceable, Employee shall not be entitled, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Employee executes and provided that Executive does not revoke a comparable release it during the revocation period. Any revocation of claimsExecutive’s execution of this Supplemental Release Agreement must be submitted, and in writing, to Bank at its main office, to the extent such attention of Xxx Xxxxxx, stating “I hereby revoke my execution of the Supplemental Release Agreement.” The revocation must be personally delivered to the Chairman of the Board or mailed to Xxx Xxxxxx within seven (7) days of Executive’s execution of this Supplemental Release Agreement. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended to the following day which is not a Saturday, Sunday or legal holiday. Executive agrees that if he does not execute this Supplemental Release Agreement or, in the event of revocation, he will not be entitled to receive any of the payments or benefits have already been made, Employee agrees under Section 2 of the Agreement. Executive must execute this Supplemental Release Agreement on or before the date that Employee will immediately reimburse Matador for the amounts of such payments is 21 days after Executive’s effective resignation date. This Supplemental Release Agreement is final and benefits to which he is binding and may not entitled.be changed or modified. Date: Xxxx Xxxxxx

Appears in 1 contract

Samples: Release Agreement (Ottawa Savings Bancorp, Inc.)

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