Common use of Waiver and Release Agreement Clause in Contracts

Waiver and Release Agreement. For full and valuable consideration, including, but not limited to, severance payments made and to be made by Impac Mortgage Holdings, Inc., and any affiliate, subsidiary, or related entity of Impac Mortgage Holdings, Inc. (collectively, “Employer”) to Xxxxxxx Xxxxxxx (“Employee”) pursuant to the Employment Agreement between Employer and Employee dated as of January 1, 2013, (the “Employment Agreement”), Employee agrees to waive and release Employer and Employer’s stockholders, directors, officers, employees, affiliates, agents, successors and assigns, if any, from all known and unknown claims, agreements or complaints related to or arising under Employee’s employment with Employer, including, but not limited to, any claim arising out of Employee’s termination, any express or implied agreement between Employee and Employer (other than each party’s respective rights and obligations under Sections 2.3, 2.4 and 4.1 of the Employment Agreement and the Proprietary Rights and Inventions Agreement), and any other federal or state constitutional provisions, statutes or laws relating to an employee’s relationship with his employer, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the California Fair Employment and Housing Act, and the California Labor Code. This Waiver shall not include a waiver of any of the following: (i) any right to defense and/or indemnification that Employee may have under California Labor Code section 2802, or under any defense and indemnification policy or agreement; (ii) any claim for breach of any pension, 401k, deferred compensation or stock option plan of Employer; or (iii) any claim that Employee may have against any officer, director, employee, or agent of Employer for defamation or intentional interference with prospective employment or business advantage. This Waiver includes a waiver of any rights the parties may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Employee’s Waiver is conditioned upon Employer’s performance of all of its severance obligations pursuant to Sections 2.3 and 2.4 of the Employment Agreement. In the event that Employer materially breaches its severance obligations under the Employment Agreement, then Employee shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employer breached its obligations. Employee is advised as follows: (i) Employee should consult an attorney regarding this Waiver before executing it; (ii) Employee has 21 days in which to consider this Waiver and whether Employee will enter into it; (iii) this Waiver does not waive rights or claims that may arise after it is executed; and (iv) at anytime within seven days after executing this Waiver, Employee may revoke this Waiver. This Waiver shall not become effective or enforceable until the seven day revocation period set forth herein has passed. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Employment Agreement. Dated: XXXXXXX XXXXXXX IMPAC MORTGAGE HOLDINGS, INC. By: Print Name: Title: EXHIBIT C ANNUAL BONUS Adjusted Net Earnings:

Appears in 1 contract

Samples: Employment Agreement (Impac Mortgage Holdings Inc)

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Waiver and Release Agreement. For full and valuable consideration, including, but not limited to, severance payments made and to be made by Impac Mortgage Holdings, Inc., and any affiliate, subsidiary, or related entity of Impac Mortgage Holdings, Inc. (collectively, “Employer”) to Xxxxxxx Xxxxxxx Xxxx Xxxxxx (“Employee”) pursuant to the Employment Agreement between Employer and Employee dated as of January 1, 20132014, (the “Employment Agreement”), Employee agrees to waive and release Employer and Employer’s stockholders, directors, officers, employees, affiliates, agents, successors and assigns, if any, from all known and unknown claims, agreements or complaints related to or arising under Employee’s employment with Employer, including, but not limited to, any claim arising out of Employee’s termination, any express or implied agreement between Employee and Employer (other than each party’s respective rights and obligations under Sections 2.3, 2.4 and 4.1 of the Employment Agreement and the Proprietary Rights and Inventions Agreement), and any other federal or state constitutional provisions, statutes or laws relating to an employee’s relationship with his employer, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the California Fair Employment and Housing Act, and the California Labor Code. This Waiver shall not include a waiver of any of the following: (i) any right to defense and/or indemnification that Employee may have under California Labor Code section 2802, or under any defense and indemnification policy or agreement; (ii) any claim for breach of any pension, 401k, deferred compensation or stock option plan of Employer; or (iii) any claim that Employee may have against any officer, director, employee, or agent of Employer for defamation or intentional interference with prospective employment or business advantage. This Waiver includes a waiver of any rights the parties may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Employee’s Waiver is conditioned upon Employer’s performance of all of its severance obligations pursuant to Sections 2.3 and 2.4 of the Employment Agreement. In the event that Employer materially breaches its severance obligations under the Employment Agreement, then Employee shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employer breached its obligations. Employee is advised as follows: (i) Employee should consult an attorney regarding this Waiver before executing it; (ii) Employee has 21 days in which to consider this Waiver and whether Employee will enter into it; (iii) this Waiver does not waive rights or claims that may arise after it is executed; and (iv) at anytime within seven days after executing this Waiver, Employee may revoke this Waiver. This Waiver shall not become effective or enforceable until the seven day revocation period set forth herein has passed. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Employment Agreement. Dated: XXXXXXX XXXXXXX XXXX XXXXXX IMPAC MORTGAGE HOLDINGS, INC. By: Print Name: Title: EXHIBIT C ANNUAL BONUS Adjusted Net Earnings:C

Appears in 1 contract

Samples: Employment Agreement (Impac Mortgage Holdings Inc)

Waiver and Release Agreement. For full and valuable consideration, including, but not limited to, severance payments made and to be made by Impac Mortgage Holdings, Inc., Funding Corporation and any affiliate, subsidiary, affiliate or related entity of Impac Mortgage Holdings, Inc. Funding Corporation (collectively, “Employer”) to Xxxxxxx Xxxxxxx Xxxxxx X. Xxxxxxxxx (“Employee”) and guaranteed by Impac Mortgage Holdings, Inc. (“Guarantor”) pursuant to the Employment Agreement between Employer and Employee dated as of January April 1, 2013, 2003 (the “Employment Agreement”), Employee Employee, on the one part, and Employer and Guarantor on the other part, hereby enter into this Waiver and Release Agreement (“Waiver”), and each agrees to waive and release Employer and Employerthe other and, as the case may be, the other’s stockholders, directors, officers, employees, affiliates, agents, successors and assigns, if any, from all known and unknown claims, agreements or complaints related to or arising under Employee’s employment with Employer, including, but not limited to, any claim arising out of Employee’s termination, any express or implied agreement between Employee and Employer (other than each party’s respective rights and obligations under Sections 2.3, 2.4 and 4.1 of the Employment Agreement Agreement, the Guaranty and the Proprietary Rights and Inventions Agreement), and any other federal or state constitutional provisions, statutes or laws relating to an employee’s relationship with his employer, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the California Fair Employment and Housing Act, and the California Labor Code. This Waiver shall not include a waiver of any of the following: (i) any right to defense and/or indemnification that Employee may have under California Labor Code section 2802, or under any defense and indemnification policy or agreement; (ii) any claim for breach of any pension, 401k, deferred compensation or stock option plan of Employer; or (iii) any claim that Employee may have against any officer, director, employee, or agent of Employer or Guarantor for defamation or intentional interference with prospective employment or business advantage. This Waiver includes a waiver of any rights the parties may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Employee’s Waiver is conditioned upon EmployerEmployer and Guarantor’s performance of all of its their severance obligations pursuant to Sections 2.3 and 2.4 of the Employment AgreementAgreement and pursuant the Guaranty. In the event that either Employer or Guarantor materially breaches its severance obligations under the Employment AgreementAgreement or Guaranty, then Employee shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employer or Guarantor breached its it obligations. Employer’s Waiver is conditioned upon Employee’s performance of all of his obligations pursuant to Section 4.1 of the Employment Agreement. In the event that Employee materially EXHIBIT B breaches his noncompete obligations under the Employment Agreement, then Employer and Guarantor shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employee breached his obligations. The parties to this Waiver each acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to the claims, suits, rights, actions, complaints, agreements, contracts, causes of action, and liabilities of any nature whatsoever that are the subject of the above release, and the parties expressly agree that this Waiver shall be and remain effective in all respects regardless of such additional or different facts. Employee is advised as follows: (i) Employee should consult an attorney regarding this this, Waiver before executing it; (ii) Employee has 21 days in which to consider this Waiver and whether Employee will enter into it; (iii) this Waiver does not waive rights or claims that may arise after it is executed; and (iv) at anytime within seven days after executing this Waiver, Employee may revoke this Waiver. This Waiver shall not become effective or enforceable until the seven day revocation period set forth herein has passed. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Employment Agreement. Dated: XXXXXXX XXXXXXX XXXXXX X. XXXXXXXXX IMPAC FUNDING CORPORATION By: Print Name: Title: IMPAC MORTGAGE HOLDINGS, INC. By: Print Name: Title: EXHIBIT B EXHIBIT C ANNUAL BONUS Adjusted Net Earnings:INCENTIVE COMPENSATION

Appears in 1 contract

Samples: Employment Agreement (Impac Mortgage Holdings Inc)

Waiver and Release Agreement. For full and valuable consideration, including, but not limited to, severance payments made and to be made by Impac Mortgage Holdings, Inc., Funding Corporation and any affiliate, subsidiary, affiliate or related entity of Impac Mortgage Holdings, Inc. Funding Corporation (collectively, “Employer”) to Xxxxxxx Xxxxxxxx Xxxxxxx (“Employee”) pursuant to the Employment Agreement between Employer and Employee dated as of January May 1, 2013, 2006 (the “Employment Agreement”), Employee Employee, on the one part, and Employer on the other part, hereby enter into this Waiver and Release Agreement (“Waiver”), and each agrees to waive and release Employer and Employerthe other and, as the case may be, the other’s stockholders, directors, officers, employees, affiliates, agents, successors and assigns, if any, from all known and unknown claims, agreements or complaints related to or arising under Employee’s employment with Employer, including, but not limited to, any claim arising out of Employee’s termination, any express or implied agreement between Employee and Employer (other than each party’s respective rights and obligations under Sections 2.3, 2.4 and 4.1 5.1 of the Employment Agreement Agreement, and the Proprietary Rights and Inventions Agreement), and any other federal or state constitutional provisions, statutes or laws relating to an employee’s relationship with his her employer, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the California Fair Employment and Housing Act, and the California Labor Code. This Waiver shall not include a waiver of any of the following: (i) any right to defense and/or indemnification that Employee may have under California Labor Code section 2802, or under any defense and indemnification policy or agreement; (ii) any claim for breach of any pension, 401k, deferred compensation or stock option plan of Employer; or (iii) any claim that Employee may have against any officer, director, employee, or agent of Employer or Guarantor for defamation or intentional interference with prospective employment or business advantage. This Waiver includes a waiver of any rights the parties may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his her favor at the time of executing the release, which if known by him her must have materially affected his her settlement with the debtor.” Employee’s Waiver is conditioned upon EmployerEmployer and Guarantor’s performance of all of its their severance obligations pursuant to Sections 2.3 and 2.4 of the Employment Agreement. In the event that Employer materially breaches its severance obligations under the Employment Agreement, then Employee shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employer breached its it obligations. Employer’s Waiver is conditioned upon Employee’s performance of all of her obligations pursuant to Section 5.1 of the Employment Agreement. In the event that Employee materially breaches her non-compete obligations under the Employment Agreement, then Employer shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employee breached her obligations unless Employer had previously agreed in writing to waive the provisions of Section 5.1. The parties to this Waiver each acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to the claims, suits, rights, actions, complaints, agreements, contracts, causes of action, and liabilities of any nature whatsoever that are the subject of the above release, and the parties expressly agree that this Waiver shall be and remain effective in all respects regardless of such additional or different facts. Employee is advised as follows: (i) Employee should consult an attorney regarding this Waiver before executing it; (ii) Employee has 21 days in which to consider this Waiver and whether Employee will enter into it; (iii) this Waiver does not waive rights or claims that may arise after it is executed; and (iv) at anytime within seven days after executing this Waiver, Employee may revoke this Waiver. This Waiver shall not become effective or enforceable until the seven day revocation period set forth herein has passed. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Employment Agreement. Dated: XXXXXXX XXXXXXXX XXXXXXX IMPAC MORTGAGE HOLDINGS, INC. FUNDING CORPORATION By: Print Name: Title: EXHIBIT C ANNUAL BONUS Adjusted Net Earnings:C

Appears in 1 contract

Samples: Employment Agreement (Impac Mortgage Holdings Inc)

Waiver and Release Agreement. For full and valuable consideration, including, but not limited to, severance payments made and to be made by Impac Mortgage Holdings, Inc., and any affiliate, subsidiary, or related entity of Impac Mortgage Holdings, Inc. (collectively, “Employer”) to Xxxxxxx Xxxxxxx Xxxxxx Xxxxxxxxx (“Employee”) pursuant to the Employment Agreement between Employer and Employee dated as of January 1, 2013, (the “Employment Agreement”), Employee agrees to waive and release Employer and Employer’s stockholders, directors, officers, employees, affiliates, agents, successors and assigns, if any, from all known and unknown claims, agreements or complaints related to or arising under Employee’s employment with Employer, including, but not limited to, any claim arising out of Employee’s termination, any express or implied agreement between Employee and Employer (other than each party’s respective rights and obligations under Sections 2.3, 2.4 and 4.1 of the Employment Agreement and the Proprietary Rights and Inventions Agreement), and any other federal or state constitutional provisions, statutes or laws relating to an employee’s relationship with his employer, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the California Fair Employment and Housing Act, and the California Labor Code. This Waiver shall not include a waiver of any of the following: (i) any right to defense and/or indemnification that Employee may have under California Labor Code section 2802, or under any defense and indemnification policy or agreement; (ii) any claim for breach of any pension, 401k, deferred compensation or stock option plan of Employer; or (iii) any claim that Employee may have against any officer, director, employee, or agent of Employer for defamation or intentional interference with prospective employment or business advantage. This Waiver includes a waiver of any rights the parties may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Employee’s Waiver is conditioned upon Employer’s performance of all of its severance obligations pursuant to Sections 2.3 and 2.4 of the Employment Agreement. In the event that Employer materially breaches its severance obligations under the Employment Agreement, then Employee shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employer breached its obligations. Employee is advised as follows: (i) Employee should consult an attorney regarding this Waiver before executing it; (ii) Employee has 21 days in which to consider this Waiver and whether Employee will enter into it; (iii) this Waiver does not waive rights or claims that may arise after it is executed; and (iv) at anytime within seven days after executing this Waiver, Employee may revoke this Waiver. This Waiver shall not become effective or enforceable until the seven day revocation period set forth herein has passed. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Employment Agreement. Dated: XXXXXXX XXXXXXX XXXXXX XXXXXXXXX IMPAC MORTGAGE HOLDINGS, INC. By: Print Name: Title: EXHIBIT C ANNUAL BONUS Adjusted Net Earnings:

Appears in 1 contract

Samples: Employment Agreement (Impac Mortgage Holdings Inc)

Waiver and Release Agreement. For full and valuable consideration, including, but not limited to, severance payments made and to be made by Impac Mortgage Holdings, Inc., Funding Corporation and any affiliate, subsidiary, affiliate or related entity of Impac Mortgage Holdings, Inc. Funding Corporation (collectively, “Employer”) to Xxxxxxx X. Xxxxxxx (“EmployeeExecutive”) and guaranteed by Impac Mortgage Holdings, Inc. (“Guarantor”) pursuant to the Employment Agreement between Employer and Employee Executive dated as of January April 1, 2013, 2008 (the “Employment Agreement”), Employee Executive, on the one part, and Employer and Guarantor on the other part, hereby enter into this Waiver and Release Agreement (“Waiver”), and each agrees to waive and release Employer and Employerthe other and, as the case may be, the other’s stockholders, directors, officers, employees, affiliates, agents, successors and assigns, if any, from all known and unknown claims, agreements or complaints related to or arising under EmployeeExecutive’s employment with Employer, including, but not limited to, any claim arising out of EmployeeExecutive’s termination, any express or implied agreement between Employee Executive and Employer (other than each party’s respective rights and obligations under Sections 2.3, 2.4 and 4.1 of the Employment Agreement Agreement, the Guaranty and the Proprietary Rights and Inventions Agreement), and any other federal or state constitutional provisions, statutes or laws relating to an employee’s relationship with his employer, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the California Fair Employment and Housing Act, and the California Labor Code. This Waiver shall not include a waiver of any of the following: (i) any right to defense and/or indemnification that Employee Executive may have under California Labor Code section 2802, or under any defense and indemnification policy or agreement; (ii) any claim for breach of any pension, 401k, deferred compensation or stock option plan of Employer; or (iii) any claim that Employee Executive may have against any officer, director, employee, or agent of Employer or Guarantor for defamation or intentional interference with prospective employment or business advantage. This Waiver includes a waiver of any rights the parties may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” EmployeeExecutive’s Waiver is conditioned upon EmployerEmployer and Guarantor’s performance of all of its their severance obligations pursuant to Sections 2.3 and 2.4 of the Employment AgreementAgreement and pursuant the Guaranty. In the event that either Employer or Guarantor materially breaches its severance obligations under the Employment AgreementAgreement or Guaranty, then Employee Executive shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of EmployeeExecutive’s termination through the date Employer or Guarantor breached its it obligations. Employee Employer’s Waiver is conditioned upon Executive’s performance of all of his obligations pursuant to Section 4.1 of the Employment Agreement. In the event that Executive materially breaches his noncompete obligations under the Employment Agreement, then Employer and Guarantor shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Executive’s termination through the date Executive breached his obligations. The parties to this Waiver each acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to the claims, suits, rights, actions, complaints, agreements, contracts, causes of action, and liabilities of any nature whatsoever that are the subject of the above release, and the parties expressly agree that this Waiver shall be and remain effective in all respects regardless of such additional or different facts. Executive is advised as follows: (i) Employee Executive should consult an attorney regarding this Waiver before executing it; (ii) Employee Executive has 21 days in which to consider this Waiver and whether Employee Executive will enter into it; (iii) this Waiver does not waive rights or claims that may arise after it is executed; and (iv) at anytime within seven days after executing this Waiver, Employee Executive may revoke this Waiver. This Waiver shall not become effective or enforceable until the seven day revocation period set forth herein has passed. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Employment Agreement. Dated: XXXXXXX X. XXXXXXX IMPAC FUNDING CORPORATION By: Print Name: Title: IMPAC MORTGAGE HOLDINGS, INC. By: Print Name: Title: EXHIBIT C ANNUAL BONUS Adjusted Net EarningsEMPLOYEE’S DISCLOSURE Gentlemen:

Appears in 1 contract

Samples: Executive Employment Agreement (Impac Mortgage Holdings Inc)

Waiver and Release Agreement. For full and valuable consideration, including, but not limited to, severance payments made and to be made by Impac Mortgage Holdings, Inc., and any affiliate, subsidiary, or related entity of Impac Mortgage Holdings, Inc. (collectively, “Employer”) to Xxxxxxx Xxxxxxx Xxx Xxxxxxxx (“Employee”) pursuant to the Employment Agreement between Employer and Employee dated as of January 1, 20132014, (the “Employment Agreement”), Employee agrees to waive and release Employer and Employer’s stockholders, directors, officers, employees, affiliates, agents, successors and assigns, if any, from all known and unknown claims, agreements or complaints related to or arising under Employee’s employment with Employer, including, but not limited to, any claim arising out of Employee’s termination, any express or implied agreement between Employee and Employer (other than each party’s respective rights and obligations under Sections 2.3, 2.4 and 4.1 of the Employment Agreement and the Proprietary Rights and Inventions Agreement), and any other federal or state constitutional provisions, statutes or laws relating to an employee’s relationship with his employer, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the California Fair Employment and Housing Act, and the California Labor Code. This Waiver shall not include a waiver of any of the following: (i) any right to defense and/or indemnification that Employee may have under California Labor Code section 2802, or under any defense and indemnification policy or agreement; (ii) any claim for breach of any pension, 401k, deferred compensation or stock option plan of Employer; or (iii) any claim that Employee may have against any officer, director, employee, or agent of Employer for defamation or intentional interference with prospective employment or business advantage. This Waiver includes a waiver of any rights the parties may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Employee’s Waiver is conditioned upon Employer’s performance of all of its severance obligations pursuant to Sections 2.3 and 2.4 of the Employment Agreement. In the event that Employer materially breaches its severance obligations under the Employment Agreement, then Employee shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employer breached its obligations. Employee is advised as follows: (i) Employee should consult an attorney regarding this Waiver before executing it; (ii) Employee has 21 days in which to consider this Waiver and whether Employee will enter into it; (iii) this Waiver does not waive rights or claims that may arise after it is executed; and (iv) at anytime within seven days after executing this Waiver, Employee may revoke this Waiver. This Waiver shall not become effective or enforceable until the seven day revocation period set forth herein has passed. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Employment Agreement. Dated: XXXXXXX XXXXXXX XXX XXXXXXXX IMPAC MORTGAGE HOLDINGS, INC. By: Print Name: Title: EXHIBIT C ANNUAL BONUS Adjusted Net Earnings:EXHIBIT C

Appears in 1 contract

Samples: Employment Agreement (Impac Mortgage Holdings Inc)

Waiver and Release Agreement. For full and valuable consideration, including, but not limited to, severance payments made and to be made by Impac Mortgage Holdings, Inc., Funding Corporation and any affiliate, subsidiary, affiliate or related entity of Impac Mortgage Holdings, Inc. Funding Corporation (collectively, “Employer”) to Xxxxxxx X. Xxxxxxx (“Employee”) and guaranteed by Impac Mortgage Holdings, Inc. (“Guarantor”) pursuant to the Employment Agreement between Employer and Employee dated as of January April 1, 2013, 2003 (the “Employment Agreement”), Employee Employee, on the one part, and Employer and Guarantor on the other part, hereby enter into this Waiver and Release Agreement (“Waiver”), and each agrees to waive and release Employer and Employerthe other and, as the case may be, the other’s stockholders, directors, officers, employees, affiliates, agents, successors and assigns, if any, from all known and unknown claims, agreements or complaints related to or arising under Employee’s employment with Employer, including, but not limited to, any claim arising out of Employee’s termination, any express or implied agreement between Employee and Employer (other than each party’s respective rights and obligations under Sections 2.3, 2.4 and 4.1 of the Employment Agreement Agreement, the Guaranty and the Proprietary Rights and Inventions Agreement), and any other federal or state constitutional provisions, statutes or laws relating to an employee’s relationship with his employer, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the California Fair Employment and Housing Act, and the California Labor Code. This Waiver shall not include a waiver of any of the following: (i) any right to defense and/or indemnification that Employee may have under California Labor Code section 2802, or under any defense and indemnification policy or agreement; (ii) any claim for breach of any pension, 401k401 k, deferred compensation or stock option plan of Employer; or (iii) any claim that Employee may have against any officer, ; director, employee, or agent of Employer or Guarantor for defamation or intentional interference with prospective employment or business advantage. This Waiver includes a waiver of any rights the parties may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Employee’s Waiver is conditioned upon EmployerEmployer and Guarantor’s performance of all of its their severance obligations pursuant to Sections 2.3 and 2.4 of the Employment AgreementAgreement and pursuant the Guaranty. In the event that either Employer or Guarantor materially breaches its severance obligations under the Employment AgreementAgreement or Guaranty, then Employee shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employer or Guarantor breached its it obligations. Employer’s Waiver is conditioned upon Employee’s performance of all of his obligations pursuant to Section 4.1 of the Employment Agreement. In the event that Employee materially breaches his noncompete obligations under the Employment Agreement, then Employer and Guarantor shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employee breached his obligations. The parties to this Waiver each acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to the claims, suits, rights, actions, complaints, agreements, contracts, causes of action, and liabilities of any nature whatsoever that are the subject of the above release, and the parties expressly agree that this Waiver shall be and remain effective in all respects regardless of such additional or different facts. Employee is advised as follows: (i) Employee should consult an attorney regarding this Waiver before executing it; (ii) Employee has 21 days in which to consider this Waiver and whether Employee will enter into it; (iii) this Waiver does not waive rights or claims that may arise after it is executed; and (iv) at anytime within seven days after executing this Waiver, Employee may revoke this Waiver. This Waiver shall not become effective or enforceable until the seven day revocation period set forth herein has passed. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Employment Agreement. Dated: XXXXXXX X. XXXXXXX IMPAC FUNDING CORPORATION By: Print Name: Title: IMPAC MORTGAGE HOLDINGS, INC. By: Print Name: Title: EXHIBIT B EXHIBIT C ANNUAL BONUS Adjusted Net Earnings:INCENTIVE COMPENSATION

Appears in 1 contract

Samples: Employment Agreement (Impac Mortgage Holdings Inc)

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Waiver and Release Agreement. For full and valuable consideration, including, but not limited to, severance payments made and to be made by Impac Mortgage Holdings, Inc., and any affiliate, subsidiary, or related entity of Impac Mortgage Holdings, Inc. (collectively, “Employer”) to Xxxxxxx Xxxxxxx Xxxxxx X. Xxxxxxxxx (“Employee”) pursuant to the Employment Agreement between Employer and Employee dated as of January July 1, 20132009, (the “Employment Agreement”), Employee Employee, on the one part, and Employer on the other part, hereby enter into this Waiver and Release Agreement (“Waiver”), and each agrees to waive and release Employer and Employerthe other and, as the case may be, the other’s stockholders, directors, officers, employees, affiliates, agents, successors and assigns, if any, from all known and unknown claims, agreements or complaints related to or arising under Employee’s employment with Employer, including, but not limited to, any claim arising out of Employee’s termination, any express or implied agreement between Employee and Employer (other than each party’s respective rights and obligations under Sections 2.3, 2.4 and 4.1 of the Employment Agreement and the Proprietary Rights and Inventions Agreement), and any other federal or state constitutional provisions, statutes or laws relating to an employee’s relationship with his employer, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the California Fair Employment and Housing Act, and the California Labor Code. This Waiver shall not include a waiver of any of the following: (i) any right to defense and/or indemnification that Employee may have under California Labor Code section 2802, or under any defense and indemnification policy or agreement; (ii) any claim for breach of any pension, 401k, deferred compensation or stock option plan of Employer; or (iii) any claim that Employee may have against any officer, director, employee, or agent of Employer for defamation or intentional interference with prospective employment or business advantage. This Waiver includes a waiver of any rights the parties may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Employee’s Waiver is conditioned upon Employer’s performance of all of its severance obligations pursuant to Sections 2.3 and 2.4 of the Employment Agreement. In the event that Employer materially breaches its severance obligations under the Employment Agreement, then Employee shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employer breached its obligations. EXHIBIT B DRAFT Employer’s Waiver is conditioned upon Employee’s performance of all of his obligations pursuant to Section 4.1 of the Employment Agreement. In the event that Employee materially breaches his non-compete obligations under the Employment Agreement, then Employer shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employee breached his obligations. The parties to this Waiver each acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to the claims, suits, rights, actions, complaints, agreements, contracts, causes of action, and liabilities of any nature whatsoever that are the subject of the above release, and the parties expressly agree that this Waiver shall be and remain effective in all respects regardless of such additional or different facts. Employee is advised as follows: (i) Employee should consult an attorney regarding this Waiver before executing it; (ii) Employee has 21 days in which to consider this Waiver and whether Employee will enter into it; (iii) this Waiver does not waive rights or claims that may arise after it is executed; and (iv) at anytime within seven days after executing this Waiver, Employee may revoke this Waiver. This Waiver shall not become effective or enforceable until the seven day revocation period set forth herein has passed. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Employment Agreement. Dated: XXXXXXX XXXXXXX IMPAC MORTGAGE HOLDINGS, INC. By: Print Name: Title: EXHIBIT C ANNUAL BONUS Adjusted Net Earnings:

Appears in 1 contract

Samples: Employment Agreement (Impac Mortgage Holdings Inc)

Waiver and Release Agreement. For full and valuable consideration, including, but not limited to, severance payments made and to be made by Impac Mortgage Holdings, Inc., Commercial Capital Corporation and any affiliate, subsidiary, affiliate or related entity of Impac Mortgage Holdings, Inc. Commercial Capital Corporation (collectively, “Employer”) to Xxxxxxx Xxxxxxx X. Xxxxxxxx (“Employee”) pursuant to the Employment Agreement between Employer and Employee dated as of January 1, 2013, 2006 (the “Employment Agreement”), Employee Employee, on the one part, and Employer and Guarantor on the other part, hereby enter into this Waiver and Release Agreement (“Waiver”), and each agrees to waive and release Employer and Employerthe other and, as the case may be, the other’s stockholders, directors, officers, employees, affiliates, agents, successors and assigns, if any, from all known and unknown claims, agreements or complaints related to or arising under Employee’s employment with Employer, including, but not limited to, any claim arising out of Employee’s termination, any express or implied agreement between Employee and Employer (other than each party’s respective rights and obligations under Sections 2.3, 2.4 and 4.1 of the Employment Agreement Agreement, and the Proprietary Rights and Inventions Agreement), and any other federal or state constitutional provisions, statutes or laws relating to an employee’s relationship with his employer, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the California Fair Employment and Housing Act, and the California Labor Code. This Waiver shall not include a waiver of any of the following: (i) any right to defense and/or indemnification that Employee may have under California Labor Code section 2802, or under any defense and indemnification policy or agreement; (ii) any claim for breach of any pension, 401k, deferred compensation 401k or stock option plan of Employer; or (iii) any claim that Employee may have against any officer, director, employee, or agent of Employer or Guarantor for defamation or intentional interference with prospective employment or business advantage. This Waiver includes a waiver of any rights the parties may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Employee’s Waiver is conditioned upon EmployerEmployer and Guarantor’s performance of all of its their severance obligations pursuant to Sections 2.3 and 2.4 of the Employment Agreement. In the event that Employer materially breaches its severance obligations under the Employment Agreement, then Employee shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employer breached its it obligations. Employer and Guarantor’s Waiver is conditioned upon Employee’s performance of all of his obligations pursuant to Section 4.1 of the Employment Agreement. In the event that Employee materially breaches his noncompete obligations under the Employment Agreement, then Employer shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employee breached his obligations. The parties to this Waiver each acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to the claims, suits, rights, actions, complaints, agreements, contracts, causes of action, and liabilities of any nature whatsoever that are the subject of the above release, and the parties expressly agree that this Waiver shall be and remain effective in all respects regardless of such additional or different facts. Employee is advised as follows: (i) Employee should consult an attorney regarding this Waiver before executing it; (ii) Employee has 21 days in which to consider this Waiver and whether Employee will enter into it; (iii) this Waiver does not waive rights or claims that may arise after it is executed; and (iv) at anytime within seven days after executing this Waiver, Employee may revoke this Waiver. This Waiver shall not become effective or enforceable until the seven day revocation period set forth herein has passed. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Employment Agreement. Dated: XXXXXXX XXXXXXX IMPAC MORTGAGE HOLDINGS, INC. By: Print Name: Title: EXHIBIT C ANNUAL BONUS Adjusted Net Earnings:

Appears in 1 contract

Samples: Employment Agreement (Impac Mortgage Holdings Inc)

Waiver and Release Agreement. For full and valuable consideration, including, but not limited to, severance payments made and to be made by Impac Mortgage Holdings, Inc., Funding Corporation and any affiliate, subsidiary, affiliate or related entity of Impac Mortgage Holdings, Inc. Funding Corporation (collectively, “Employer”) to Xxxxxxx X. Xxxxxxx (“Employee”) and guaranteed by Impac Mortgage Holdings, Inc. (“Guarantor”) pursuant to the ..Employment Agreement between Employer and Employee dated as of January April 1, 2013, 2003 (the “Employment Agreement”), Employee Employee, on the one part, and Employer and Guarantor on the other part, hereby enter into this Waiver and Release Agreement (“Waiver”), and each agrees to waive and release Employer and Employerthe other and, as the case may be, the other’s stockholders, directors, officers, employees, affiliates, agents, successors and assigns, if any, from all known and unknown claims, agreements or complaints related to or arising under Employee’s employment with Employer, including, but not limited to, any claim arising out of Employee’s termination, any express or implied agreement between Employee and Employer (other than each party’s respective rights and obligations under Sections 2.3, 2.4 and 4.1 of the Employment Agreement Agreement, the Guaranty and the Proprietary Rights and Inventions Agreement), and any other federal or state constitutional provisions, statutes or laws relating to an employee’s relationship with his employer, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the California Fair Employment and Housing Act, and the California Labor Code. This Waiver shall not include a waiver of any of the following: (i) any right to defense and/or indemnification that Employee may have under California Labor Code section 2802, or under any defense and indemnification policy or agreement; (ii) any claim for breach of any pension, 401k, deferred compensation or stock option plan of Employer; or (iii) any claim that Employee may have against any officer, director, employee, or agent of Employer or Guarantor for defamation or intentional interference with prospective employment or business advantage. This Waiver includes a waiver of any rights the parties may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Employee’s Waiver is conditioned upon EmployerEmployer and Guarantor’s performance of all of its their severance obligations pursuant to Sections 2.3 and 2.4 of the Employment AgreementAgreement and pursuant the Guaranty. In the event that either Employer or Guarantor materially breaches its severance obligations under the Employment AgreementAgreement or Guaranty, then Employee shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employer or Guarantor breached its it obligations. Employer’s Waiver is conditioned upon Employee’s performance of all of his obligations pursuant to Section 4.1 of the Employment Agreement. In the event that Employee materially EXHIBIT B breaches his noncompete obligations under the Employment Agreement, then Employer and Guarantor shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employee breached his obligations. The parties to this Waiver each acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to the claims, suits, rights, actions, complaints, agreements, contracts, causes of action, and liabilities of any nature whatsoever that are the subject of the above release, and the parties expressly agree that this Waiver shall be and remain effective in all respects regardless of such additional or different facts. Employee is advised as follows: (i) Employee should consult an attorney regarding this Waiver before executing it; (ii) Employee has 21 days in which to consider this Waiver and whether Employee will enter into it; (iii) this Waiver does not waive rights or claims that may arise after it is executed; and (iv) at anytime within seven days after executing this Waiver, Employee may revoke this Waiver. This Waiver shall not become effective or enforceable until the seven day revocation period set forth herein has passed. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Employment Agreement. Dated: XXXXXXX X. XXXXXXX IMPAC FUNDING CORPORATION By: Print Name: Title: IMPAC MORTGAGE HOLDINGS, INC. By: Print Name: Title: EXHIBIT B EXHIBIT C ANNUAL BONUS Adjusted Net Earnings:INCENTIVE COMPENSATION

Appears in 1 contract

Samples: Employment Agreement (Impac Mortgage Holdings Inc)

Waiver and Release Agreement. For full and valuable consideration, including, but not limited to, severance payments made and to be made by Impac Mortgage Holdings, Inc., and any affiliate, subsidiary, or related entity of Impac Mortgage Holdings, Inc. (collectively, “Employer”) to Xxxxxxx Xxxxxxx (“Employee”) pursuant to the Employment Agreement between Employer and Employee dated as of January July 1, 20132009, (the “Employment Agreement”), Employee Employee, on the one part, and Employer on the other part, hereby enter into this Waiver and Release Agreement (“Waiver”), and each agrees to waive and release Employer and Employerthe other and, as the case may be, the other’s stockholders, directors, officers, employees, affiliates, agents, successors and assigns, if any, from all known and unknown claims, agreements or complaints related to or arising under Employee’s employment with Employer, including, but not limited to, any claim arising out of Employee’s termination, any express or implied agreement between Employee and Employer (other than each party’s respective rights and obligations under Sections 2.3, 2.4 and 4.1 of the Employment Agreement and the Proprietary Rights and Inventions Agreement), and any other federal or state constitutional provisions, statutes or laws relating to an employee’s relationship with his employer, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the California Fair Employment and Housing Act, and the California Labor Code. This Waiver shall not include a waiver of any of the following: (i) any right to defense and/or indemnification that Employee may have under California Labor Code section 2802, or under any defense and indemnification policy or agreement; (ii) any claim for breach of any pension, 401k, deferred compensation or stock option plan of Employer; or (iii) any claim that Employee may have against any officer, director, employee, or agent of Employer for defamation or intentional interference with prospective employment or business advantage. This Waiver includes a waiver of any rights the parties may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Employee’s Waiver is conditioned upon Employer’s performance of all of its severance obligations pursuant to Sections 2.3 and 2.4 of the Employment Agreement. In the event that Employer materially breaches its severance obligations under the Employment Agreement, then Employee shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employer breached its obligations. DRAFT Employer’s Waiver is conditioned upon Employee’s performance of all of his obligations pursuant to Section 4.1 of the Employment Agreement. In the event that Employee materially breaches his non-compete obligations under the Employment Agreement, then Employer shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Employee’s termination through the date Employee breached his obligations. The parties to this Waiver each acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to the claims, suits, rights, actions, complaints, agreements, contracts, causes of action, and liabilities of any nature whatsoever that are the subject of the above release, and the parties expressly agree that this Waiver shall be and remain effective in all respects regardless of such additional or different facts. Employee is advised as follows: (i) Employee should consult an attorney regarding this Waiver before executing it; (ii) Employee has 21 days in which to consider this Waiver and whether Employee will enter into it; (iii) this Waiver does not waive rights or claims that may arise after it is executed; and (iv) at anytime within seven days after executing this Waiver, Employee may revoke this Waiver. This Waiver shall not become effective or enforceable until the seven day revocation period set forth herein has passed. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Employment Agreement. Dated: XXXXXXX XXXXXXX IMPAC MORTGAGE HOLDINGS, INC. By: Print Name: Title: EXHIBIT C ANNUAL BONUS Adjusted Net Earnings:

Appears in 1 contract

Samples: Employment Agreement (Impac Mortgage Holdings Inc)

Waiver and Release Agreement. For full and valuable consideration, including, but not limited to, severance payments made and to be made by Impac Mortgage Holdings, Inc., Funding Corporation and any affiliate, subsidiary, affiliate or related entity of Impac Mortgage Holdings, Inc. Funding Corporation (collectively, “Employer”) to Xxxxxxx Xxxxxxx Xxxxxx Xxxxxxxxx (“EmployeeExecutive”) and guaranteed by Impac Mortgage Holdings, Inc. (“Guarantor”) pursuant to the Employment Agreement between Employer and Employee Executive dated as of January April 1, 2013, 2008 (the “Employment Agreement”), Employee Executive, on the one part, and Employer and Guarantor on the other part, hereby enter into this Waiver and Release Agreement (“Waiver”), and each agrees to waive and release Employer and Employerthe other and, as the case may be, the other’s stockholders, directors, officers, employees, affiliates, agents, successors and assigns, if any, from all known and unknown claims, agreements or complaints related to or arising under EmployeeExecutive’s employment with Employer, including, but not limited to, any claim arising out of EmployeeExecutive’s termination, any express or implied agreement between Employee Executive and Employer (other than each party’s respective rights and obligations under Sections 2.3, 2.4 and 4.1 of the Employment Agreement Agreement, the Guaranty and the Proprietary Rights and Inventions Agreement), and any other federal or state constitutional provisions, statutes or laws relating to an employee’s relationship with his employer, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Employee Retirement Income Security Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Fair Labor Standards Act, the California Fair Employment and Housing Act, and the California Labor Code. This Waiver shall not include a waiver of any of the following: (i) any right to defense and/or indemnification that Employee Executive may have under California Labor Code section 2802, or under any defense and indemnification policy or agreement; (ii) any claim for breach of any pension, 401k, deferred compensation or stock option plan of Employer; or (iii) any claim that Employee Executive may have against any officer, director, employee, or agent of Employer or Guarantor for defamation or intentional interference with prospective employment or business advantage. This Waiver includes a waiver of any rights the parties may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” EmployeeExecutive’s Waiver is conditioned upon EmployerEmployer and Guarantor’s performance of all of its their severance obligations pursuant to Sections 2.3 and 2.4 of the Employment AgreementAgreement and pursuant the Guaranty. In the event that either Employer or Guarantor materially breaches its severance obligations under the Employment AgreementAgreement or Guaranty, then Employee Executive shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of EmployeeExecutive’s termination through the date Employer or Guarantor breached its it obligations. Employee Employer’s Waiver is conditioned upon Executive’s performance of all of his obligations pursuant to Section 4.1 of the Employment Agreement. In the event that Executive materially breaches his noncompete obligations under the Employment Agreement, then Employer and Guarantor shall be entitled to pursue any claims as though this Waiver did not exist, and the statute of limitations for any such claims shall be deemed to have been tolled during the period from the date of Executive’s termination through the date Executive breached his obligations. The parties to this Waiver each acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to the claims, suits, rights, actions, complaints, agreements, contracts, causes of action, and liabilities of any nature whatsoever that are the subject of the above release, and the parties expressly agree that this Waiver shall be and remain effective in all respects regardless of such additional or different facts. Executive is advised as follows: (i) Employee Executive should consult an attorney regarding this Waiver before executing it; (ii) Employee Executive has 21 days in which to consider this Waiver and whether Employee Executive will enter into it; (iii) this Waiver does not waive rights or claims that may arise after it is executed; and (iv) at anytime within seven days after executing this Waiver, Employee Executive may revoke this Waiver. This Waiver shall not become effective or enforceable until the seven day revocation period set forth herein has passed. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Employment Agreement. Dated: XXXXXXX XXXXXXX XXXXXX XXXXXXXXX IMPAC FUNDING CORPORATION By: Print Name: Title: IMPAC MORTGAGE HOLDINGS, INC. By: Print Name: Title: EXHIBIT C ANNUAL BONUS Adjusted Net EarningsEMPLOYEE’S DISCLOSURE Gentlemen:

Appears in 1 contract

Samples: Executive Employment Agreement (Impac Mortgage Holdings Inc)

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