Common use of Knowing and Voluntary Waiver Clause in Contracts

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss this Agreement with an attorney before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) he may revoke his acceptance of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (f) on the eighth day after he executes this Agreement, this Agreement becomes effective and enforceable. The parties agree that the Executive may revoke this Agreement within seven days after the Executive executes the Agreement. Any revocation within this period must be submitted, in writing, to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, stating “I hereby revoke my acceptance of the Agreement.” The revocation must be personally delivered to Xx. Xxxxxx or mailed to him and postmarked within seven days of the Executive’s execution of the 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. The Executive agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts or benefits under Section 2 (other than pursuant to Section 2(c)).

Appears in 2 contracts

Samples: Separation Agreement and General Release (Take Two Interactive Software Inc), Separation Agreement and General Release (Take Two Interactive Software Inc)

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Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: that (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss this Agreement with an attorney Attorney before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) he may revoke his acceptance of this Agreement within seven (7) days after he signs it by sending written notice Notice of revocation Revocation as set forth below; and (f) on the eighth day after he executes signs this Agreement, this Agreement becomes effective and enforceable. The parties agree that the Executive may revoke this Agreement within seven (7) days after the Executive executes the Agreement. Any revocation within this period must be submitted, in writing, to Xxxx Rxxxxx X. Xxxxxx, Esq., Executive Vice President and & General Counsel, Take-Two Interactive SoftwareCounsel at Town Sports International, Inc., 000 Xxxxxxxx800 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, XX 00000, stating “I hereby revoke my acceptance of the our Agreement.” The revocation must be personally delivered to XxMx. Xxxxxx or mailed to him and postmarked within seven (7) days of the Executive’s execution of the Agreement. If the last day of the revocation period is a Saturday, Sunday Sunday, or legal holiday, then the revocation period will shall be extended to the following day which is not a Saturday, Sunday Sunday, or legal holiday. The Executive agrees that if he does not execute this the Agreement or, in the event of revocation, he will not be entitled immediately return to receive the Company any of the amounts additional payments or benefits under Section 2 (other than provided to him by the Company pursuant to Section 2(c))this Agreement.

Appears in 1 contract

Samples: Separation Agreement and General Release (Town Sports International Holdings Inc)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this AgreementAgreement (the “Effective Date”), this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes the Agreementrevocation period. Any revocation within of the Executive’s execution of this period Agreement must be submitted, in writing, to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive SoftwareHRB Management, Inc., 000 XxxxxxxxOxx X&X Xxxxx Xxx, Xxx XxxxXxxxxx Xxxx Xxxxxxxx 00000, Xxx Xxxx, 00000to the attention of the General Counsel, stating “I hereby revoke my acceptance execution of the Agreement.” The revocation must be personally delivered to Xx. Xxxxxx the General Counsel or mailed to him the General Counsel and postmarked within seven days of the Executive’s execution of the this 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. The Executive agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))2.

Appears in 1 contract

Samples: Separation and Release Agreement (H&r Block Inc)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided to him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven (7) days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this Agreementexecutes, this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes revocation period (also, the Agreement"Effective Date"). Any revocation within of the Executive's execution of this period Agreement must be submitted, in writing, to Xxxx Xxxxxxthe Company at its main office to the attention of the Chairman of the Board of Directors stating, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, stating “"I hereby revoke my acceptance execution of the Agreement." The revocation must be personally delivered to Xx. Xxxxxx the Chairman of the Board of Directors or mailed to him the Chairman of the Board of Directors and postmarked within seven days of the Executive’s 's execution of the this 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. The Executive agrees that if he does not execute this Agreement orAgreement, or in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))provided hereunder.

Appears in 1 contract

Samples: Separation and Release Agreement (First Financial Holdings Inc /De/)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this AgreementAgreement (the “Effective Date”), this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes the Agreementrevocation period. Any revocation within of the Executive’s execution of this period Agreement must be submitted, in writing, to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive SoftwareHRB Management, Inc., 000 XxxxxxxxOne H&R Bxxxx Xxx, Xxx XxxxXxxxxx Xxxx Xxxxxxxx 00000, Xxx Xxxx, 00000to the attention of the General Counsel, stating “I hereby revoke my acceptance execution of the Agreement.” The revocation must be personally delivered to Xx. Xxxxxx the General Counsel or mailed to him the General Counsel and postmarked within seven days of the Executive’s execution of the this 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. The Executive agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))2.

Appears in 1 contract

Samples: Separation and Release Agreement (H&r Block Inc)

Knowing and Voluntary Waiver. By The Employee acknowledges that, by ---------------------------- the Employee's free and voluntary act of signing this Agreementbelow, the Executive expressly Employee agrees to all of the terms of this Agreement and intends to be legally bound thereby. The Employee understands that he may consider whether to agree to the terms contained herein for a period of twenty-one days after the date hereof. Accordingly, the Employee may execute this Agreement by [________], to acknowledge his understanding of and agreement with the foregoing. However, the Termination Payment provided herein will be delayed until this Agreement is executed and returned to Crew. The Employee acknowledges and agrees that: (a) that he has carefully read it and fully understands what it means; (b) he is hereby been advised in writing to discuss this Agreement consult with an attorney before signing it; (c) he has been given at least 21 calendar days prior to consider executing this Agreement; (d) he has agreed to this . This Agreement knowingly will become effective, enforceable and voluntarily and was not subjected to any undue influence or duress; (e) he may revoke his acceptance of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (f) irrevocable on the eighth day after he executes this Agreementthe date on which it is executed by the Employee (the "Effective Date"). During the seven-day period prior to the Effective Date, this Agreement becomes effective and enforceable. The parties agree that the Executive -------------- Employee may revoke this Agreement within seven days after his agreement to accept the Executive executes the Agreement. Any revocation within this period must be submitted, terms hereof by indicating in writing, writing to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, stating “I hereby revoke my acceptance of the Agreement.” The revocation must be personally delivered Crew his intention to Xx. Xxxxxx or mailed to him and postmarked within seven days of the Executive’s execution of the Agreementrevoke. If the last day of the revocation period is a Saturday, Sunday or legal holiday, then the revocation period will be extended Employee exercises his right to the following day which is not a Saturday, Sunday or legal holiday. The Executive agrees that if he does not execute this Agreement or, in the event of revocationrevoke hereunder, he will not be entitled shall forfeit his right to receive any of the benefits provided for herein, and to the extent such payments have already been made, the Employee agrees that he will immediately reimburse Crew for the amounts or benefits under Section 2 (other than pursuant of such payment. The Employee acknowledges that, by his free and voluntary act of signing below, he agrees to Section 2(c))all of the terms of this Release and intends to be legally bound thereby.

Appears in 1 contract

Samples: Employment Agreement (J Crew Operating Corp)

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Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this AgreementAgreement (the “Effective Date”), this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes the Agreementrevocation period. Any revocation within of the Executive’s execution of this period Agreement must be submitted, in writing, to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive SoftwareMRV Communications, Inc., 000 Xxxxxxxx00000 Xxxxxxxx Xxxxxx, Xxx XxxxChatsworth, Xxx XxxxCalifornia 91311, 00000to the attention of the General Counsel, stating “I hereby revoke my acceptance execution of the Separation and Release Agreement.” The revocation must be personally delivered to Xx. Xxxxxx the General Counsel or mailed to him the General Counsel and postmarked within seven days of the Executive’s execution of the this 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. The Executive agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))2.

Appears in 1 contract

Samples: Separation and Release Agreement (MRV Communications Inc)

Knowing and Voluntary Waiver. By signing this AgreementSupplemental General Release (“Release”), the Executive expressly acknowledges and agrees that: (a) he HRB has carefully read it and fully understands what it meansadvised him to consult with an attorney of his choosing; (b) he is hereby advised has had twenty-one (21) days to consider the waiver of his rights under the Age Discrimination in writing Employment Act of 1967, as amended (“ADEA”) prior to discuss signing this Agreement with an attorney before signing itAgreement; (c) he has been given at least 21 calendar days to consider carefully read this AgreementRelease and know what it means; (d) he has agreed the consideration provided him under this Release is sufficient to support the releases provided by him under this Agreement knowingly Release; and voluntarily and was not subjected to any undue influence or duress; (e) Executive shall have seven (7) days from the date he may signs this Release to revoke his acceptance consent to the waiver of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; his rights under the ADEA in writing addressed and (f) on the eighth day after he executes this Agreementdelivered to Axxx Xxxxxxx, this Agreement becomes effective and enforceable. The parties agree that the Interim Chief Executive may Officer, which action shall revoke this Agreement within seven days after the Executive executes the Agreement. Any revocation within this period must be submitted, in writing, to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, stating “I hereby revoke my acceptance of the Agreement.” The revocation must be personally delivered to Xx. Xxxxxx or mailed to him and postmarked within seven days of the Executive’s execution of the AgreementRelease. If the last day of the revocation period is a SaturdayExecutive revokes this Release, 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 he agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 of the Separation Agreement. If Executive does not revoke his consent, this Agreement will take effect on the day after the end of this revocation period (other than pursuant to Section 2(cthe “Effective Date”)).. EXECUTIVE /s/ Mxxx Xxxx Mxxx Xxxx DATE: 1/29/08

Appears in 1 contract

Samples: Separation and Release Agreement (H&r Block Inc)

Knowing and Voluntary Waiver. By signing this Agreement, the Executive expressly acknowledges and agrees that: (a) he has carefully read it and fully understands what it means; (b) he is hereby advised in writing to discuss has discussed this Agreement with an attorney of his choosing before signing it; (c) he has been given at least 21 calendar days to consider this Agreement; (d) he has agreed to this Agreement knowingly and voluntarily and was not subjected to any undue influence or duress; (e) the consideration provided to him under this Agreement is sufficient to support the releases provided by him under this Agreement; (f) he may revoke his acceptance execution of this Agreement within seven days after he signs it by sending written notice of revocation as set forth below; and (fg) on the eighth day after he executes this Agreementexecutes, this Agreement becomes effective and enforceable. The parties agree , provided that the Executive may does not revoke this Agreement within seven days after during the Executive executes revocation period (the Agreement“Effective Date”). Any revocation within of the Executive’s execution of this period Agreement must be submitted, in writing, to Xxxx Xxxxxx, Esq., Executive Vice President and General Counsel, Take-Two Interactive Software, Inc., 000 Xxxxxxxx, Xxx Xxxx, Xxx Xxxx, 00000, PFC at its main office to the attention of the Chairman of the Board of Directors stating “I hereby revoke my acceptance execution of the Agreement.” The revocation must be personally delivered to Xx. Xxxxxx the Chairman of the Board of Directors or mailed to him the Chairman of the Board of Directors and postmarked within seven days of the Executive’s execution of the this 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. The Executive agrees that if he does not execute this Agreement or, in the event of revocation, he will not be entitled to receive any of the amounts payments or benefits under Section 2 (other than pursuant to Section 2(c))2.

Appears in 1 contract

Samples: Separation and Release Agreement (Pulaski Financial Corp)

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