Common use of Knowing and Voluntary Waiver Clause in Contracts

Knowing and Voluntary Waiver. Executive, by Executive’s free and voluntary act of signing below, (i) acknowledges that Executive has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Executive has been advised in writing to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Executive understands that this Agreement specifically releases and waives all rights and claims Executive may have under the Age Discrimination in Employment Act, as amended (“ADEA”) prior to the date on which Executive signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. Furthermore, Executive acknowledges that the promises and benefits, including, without limitation, the Equity Grants, provided for in Paragraph 2 of this Agreement will be delayed until this Agreement becomes effective, enforceable and irrevocable. This Agreement will become effective, enforceable and irrevocable on the eighth (8th) day after the date on which it is executed by Executive (the “Effective Date”). During the seven (7th)-day period prior to the Effective Date, Executive may revoke Executive’s agreement to release claims under the ADEA by indicating in writing to the Company Executive’s intention to revoke. If Executive exercises Executive’s right to revoke hereunder, Executive shall forfeit Executive’s right to receive a portion of the Equity Grants equal to one (1) month of the Executive’s monthly base salary as of the Effective Date.

Knowing and Voluntary Waiver. Executive, by Executive’s free and voluntary act of signing below, (ia) acknowledges that 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 Executive has been advised in writing to consult with an attorney prior to executing this Agreement, (iiic) acknowledges that Executive understands that this Agreement specifically releases and waives all rights and claims Claims Executive may have under the Age Discrimination in Employment Act, as amended (“ADEA”) prior to the date on which Executive signs this Agreement, and (ivd) agrees to all of the terms of this Agreement and intends to be legally bound thereby. Furthermore, Executive acknowledges that the promises and benefits, including, without limitation, the Equity Grants, Severance Payment and accelerated vesting of restricted stock provided for in Paragraph 2 of this Agreement Agreement, will be delayed until this Agreement becomes effective, enforceable and irrevocable. This Agreement Release will become effective, enforceable and irrevocable on the eighth (8th) day after the date on which it is executed by Executive (the “Effective Date”). During the seven (7th)-day seven-day period prior to the Effective Date, Executive may revoke Executive’s his agreement to release claims under the ADEA this Release by expressly indicating in writing to the Company Executive’s Company, Attention: Xxxxx Xxxx, his intention to revokerevoke this Release. If Executive exercises Executive’s his right to revoke hereunder, Executive shall forfeit Executive’s his right to receive a portion the Severance Payment, the accelerated vesting of restricted stock and other benefits provided for herein, and to the Equity Grants equal to one (1) month extent such payments or benefits have already been made, Executive agrees that he will immediately reimburse the Company for the amounts of the Executive’s monthly base salary as of the Effective Datesuch payments and benefits.

Knowing and Voluntary Waiver. ExecutiveThe Consultant, by Executive’s his free and voluntary act of signing below, (i) acknowledges that Executive he has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Executive he has been advised in writing to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Executive he understands that this Agreement specifically releases and waives all rights and claims Executive he may have under the Age Discrimination in Employment Act, as amended (the “ADEA”) prior to the date on which Executive he signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. Furthermore, Executive the Consultant acknowledges that the promises payments and benefits, including, without limitation, the Equity Grants, benefits provided for in Paragraph 2 Section 3 of this Agreement will be delayed until this Agreement becomes effective, enforceable and irrevocable. This Agreement will become effective, enforceable and irrevocable on the eighth (8th) day after the date on which it is executed by Executive the Consultant (the “Effective Date”). During the seven (7th)-day seven-day period prior to the Effective Date, Executive the Consultant may revoke Executive’s his agreement to release claims under accept the ADEA terms hereof by indicating in writing to the Company Executive’s his intention to revoke. If Executive the Consultant exercises Executive’s his right to revoke hereunder, Executive he shall forfeit Executive’s his right to receive a portion any of the Equity Grants equal payments or benefits provided for herein, and to one (1) month the extent such payments or benefits have already been made, the Consultant shall immediately reimburse the Company for the amounts of the Executive’s monthly base salary as of the Effective Datesuch payments and benefits.

Knowing and Voluntary Waiver. Executive, by Executive’s free and voluntary act of signing below, (i) acknowledges that Executive she has been given a period of twenty-one (21) 45 days to consider whether to agree to the terms contained herein, (ii) acknowledges that Executive she has been advised in writing to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Executive she understands that this Agreement specifically releases and waives all rights and claims Executive may have under the Age Discrimination in Employment Act, as amended (“ADEA”) prior to the date on which Executive signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. Furthermore, Executive acknowledges that the promises and benefits, including, without limitation, the Equity Grants, benefits provided for in Paragraph 2 of this Agreement will be delayed until this Agreement becomes effective, enforceable and irrevocable. This Agreement will become effective, enforceable enforceable, and irrevocable on the eighth (8th) day after the date on which it is executed by Executive (the “Effective Date”). During the seven (7th)-day seven-day period prior to the Effective Date, Executive may revoke Executive’s her agreement to release claims under the ADEA by indicating in writing to the Company Executive’s intention to revokerevoke such release. If Executive exercises Executive’s her right to revoke hereunder, Executive shall forfeit Executive’s her right to receive a portion of the Equity Grants payments hereunder in an amount equal to one (1) month $315,000, and to the extent such payments have already been made, Executive agrees that she will immediately reimburse the Company for the amounts of the Executive’s monthly base salary as of the Effective Datesuch promises and benefits.

Knowing and Voluntary Waiver. The Executive, by the Executive’s free and voluntary act of signing below, (i) acknowledges that Executive he has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Executive he has been advised in writing to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Executive he understands that this Agreement specifically releases and waives all rights and claims Executive he may have under the Age Discrimination in Employment Act, as amended (“ADEA”) ADEA prior to the date on which Executive he signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. Furthermore, the Executive acknowledges that the promises payments and benefits, including, without limitation, the Equity Grants, benefits provided for in Paragraph Sections 2 and 3 of this Agreement will be delayed until this Agreement becomes effective, enforceable and irrevocable. This Agreement will become effective, enforceable and irrevocable on the eighth (8th) day after the date on which it is executed by Executive (the “Effective Date”). During the seven (7th)-day seven-day period prior to thereto, the Effective Date, Executive may revoke Executive’s his agreement to release claims under accept the ADEA terms hereof by indicating in writing to the Company Executive’s his intention to revoke. If the Executive exercises Executive’s his right to revoke hereunder, Executive (i) he shall forfeit Executive’s his right to receive a portion any of the Equity Grants equal payments or benefits provided for herein, and to one the extent such payments or benefits have already been made, the Executive agrees that he will immediately reimburse the Company for the amounts of such payments and benefits and (1ii) month of the Executive’s monthly base salary as of the Effective Dateresignation set forth in Section 1 hereof shall survive and remain in full force and effect.

Knowing and Voluntary Waiver. ExecutiveConsultant, by ExecutiveConsultant’s free and voluntary act of signing below, (i) acknowledges that Executive 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 Executive Consultant has been advised in writing to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Executive Consultant understands that this Agreement specifically releases and waives all rights and claims Executive Consultant may have under the Age Discrimination in Employment Act, as amended (“ADEA”) prior to the date on which Executive Consultant signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. Furthermore, Executive Consultant acknowledges that the promises and benefits, including, without limitation, the Equity GrantsConsulting Fee, provided for in Paragraph 2 Section II.A. of this Agreement will be delayed until this Agreement becomes effective, enforceable and irrevocable. This 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 Consultant’s release of claims under the ADEA shall not become effective, enforceable and irrevocable on until the eighth (8th) day after the date on which it is executed by Executive (the “Effective Date”). During the seven (7th)-day period prior after to the Effective Date, Executive Consultant may revoke ExecutiveConsultant’s agreement to release claims under the ADEA by indicating in writing to the Company ExecutiveConsultant’s intention to revoke. If Executive Consultant exercises ExecutiveConsultant’s right to revoke hereunder, Executive Consultant shall forfeit ExecutiveConsultant’s right to receive a portion an amount equal to eleven (11) months of the Equity Grants equal to one Consulting Fee, and this Agreement (1except as otherwise provided by Section V.B.) month of the Executive’s monthly base salary as of the Effective Dateshall immediately terminate.

Knowing and Voluntary Waiver. ExecutiveThe Employee acknowledges that, by Executive’s ---------------------------- the Employee's free and voluntary act of signing below, (i) acknowledges that Executive has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Executive has been advised in writing to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Executive understands that this Agreement specifically releases and waives all rights and claims Executive may have under the Age Discrimination in Employment Act, as amended (“ADEA”) prior to the date on which Executive signs this Agreement, and (iv) Employee agrees to all of the terms of this Agreement and intends to be legally bound thereby. Furthermore, Executive acknowledges The Employee understands that he may consider whether to agree to the promises and benefits, including, without limitationterms contained herein for a period of twenty-one days after the date hereof. Accordingly, the Equity Grants, provided for in Paragraph 2 of 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 becomes effective, enforceable is executed and irrevocablereturned to Crew. The Employee acknowledges that he has been advised to consult with an attorney prior to executing this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth (8th) day after the date on which it is executed by Executive the Employee (the “"Effective Date”"). During the seven (7th)-day seven-day period prior to the Effective Date, Executive the -------------- Employee may revoke Executive’s his agreement to release claims under accept the ADEA terms hereof by indicating in writing to the Company Executive’s Crew his intention to revoke. If Executive the Employee exercises Executive’s his right to revoke hereunder, Executive he shall forfeit Executive’s his right to receive a portion any of the Equity Grants equal benefits provided for herein, and to one (1) month the extent such payments have already been made, the Employee agrees that he will immediately reimburse Crew for the amounts of such payment. The Employee acknowledges that, by his free and voluntary act of signing below, he agrees to all of the Executive’s monthly base salary as terms of the Effective Datethis Release and intends to be legally bound thereby.

Knowing and Voluntary Waiver. ExecutiveJxxxxxx, by Executive’s Jxxxxxx’x free and voluntary act of signing below, (i) acknowledges that Executive he has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Executive he has been advised in writing to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Executive he understands that this Agreement specifically releases and waives all rights and claims Executive he may have under the Age Discrimination in Employment Act, as amended (“ADEA”) prior to the date on which Executive he signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. Furthermore, Executive Jxxxxxx acknowledges that the promises payments and benefits, including, without limitation, the Equity Grants, benefits provided for in Paragraph 2 of this Agreement will be delayed until this Agreement becomes effective, enforceable and irrevocable. This Agreement will shall become effective, enforceable and irrevocable on the eighth (8th) day after the date on which it is executed by Executive Jxxxxxx (the “Effective Date”). During the seven (7th)-day seven-day period prior to the Effective Date, Executive Jxxxxxx may revoke Executive’s his agreement to release claims under accept the ADEA terms hereof by indicating in writing to the Company Executive’s Noble his intention to revoke. If Executive Jxxxxxx exercises Executive’s his right to revoke hereunder, Executive he shall forfeit Executive’s his right to receive a portion any of the Equity Grants equal payments or benefits provided for herein, and to one (1) month the extent such payments or benefits have already been made, Jxxxxxx agrees that he will immediately reimburse Noble for the amounts of the Executive’s monthly base salary as of the Effective Datesuch payments and benefits.

Knowing and Voluntary Waiver. The Executive, by the Executive’s free and voluntary act of signing below, (i) acknowledges that Executive he has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Executive he has been advised in writing to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Executive he understands that this Agreement specifically releases and waives all rights and claims Executive he may have under the Age Discrimination in Employment Act, as amended (“ADEA”) prior to the date on which Executive he signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. Furthermore, the Executive acknowledges that the promises payments and benefits, including, without limitation, the Equity Grants, benefits provided for in Paragraph Section 2 of this Agreement will be delayed until this Agreement becomes effective, enforceable and irrevocable. This Agreement will become effective, enforceable and irrevocable on the eighth (8th) day after the date on which it is executed by the Executive (the “Effective Date”). During the seven (7th)-day seven-day period prior to the Effective Date, the Executive may revoke Executive’s his agreement to release claims under accept the ADEA terms hereof by indicating in writing to the Company Executive’s his intention to revoke. If the Executive exercises Executive’s his right to revoke hereunder, Executive he shall forfeit Executive’s his right to receive a portion any of the Equity Grants equal payments or benefits provided for herein, and to one (1) month the extent such payments or benefits have already been made, the Executive agrees that he will immediately reimburse the Company for the amounts of the Executive’s monthly base salary as of the Effective Datesuch payments and benefits.

Knowing and Voluntary Waiver. ExecutiveThe Executive expressly acknowledges and agrees that he— (a) Is able to read the language, by Executive’s free and voluntary act understand the meaning and effect, of signing belowthis Agreement; (b) Has no physical or mental impairment of any kind that has interfered with his ability to read and understand the meaning of this Agreement or its terms, and that he is not acting under the influence of any medication, drug, or chemical of any type in entering into this Agreement; (ic) acknowledges that Executive has been given a period of twenty-one (21) days to consider whether to agree Is agreeing to the terms of the release and waiver of claims contained herein, (ii) acknowledges that Executive in this Agreement because the Company has been advised in writing agreed to consult provide him with an attorney prior to executing the severance payments and benefits provided by this Agreement, which the Company has agreed to provide because of his agreement to accept it in full settlement of all possible claims that he might have or ever have had that are released hereunder; -9- (iiid) acknowledges that Executive understands that this Agreement specifically releases and waives all rights and claims Executive may have under the Age Discrimination in Employment ActAcknowledges that, as amended (“ADEA”) prior to the date on which Executive signs but for his execution of this Agreement, he would not be entitled to the severance payments and benefits provided by this Agreement; (ive) agrees to all of the terms of Understands that, by entering into this Agreement and intends to be legally bound thereby. FurthermoreAgreement, Executive acknowledges he does not waive rights or claims under ADEA that the promises and benefits, including, without limitation, the Equity Grants, provided for in Paragraph 2 of this Agreement will be delayed until this Agreement becomes effective, enforceable and irrevocable. This Agreement will become effective, enforceable and irrevocable on the eighth (8th) day may arise after the date on which it is executed by Executive he executes this Agreement; (f) Had or could have had the “Effective Date”). During entire Review Period in which to review and consider this Agreement, and that if he executes this Agreement prior to the seven end of the Review Period, he has voluntarily and knowingly waived the remainder of the Review Period; (7th)-day period g) Has or had the entire Revocation Period in which to revoke his execution of this Agreement, and that if he does not revoke such execution prior to the Effective Date, Executive may revoke Executivehe has knowingly and voluntarily agreed to this Agreement’s agreement becoming effective; (h) Was advised to release claims under consult with his attorney regarding the ADEA by indicating in writing to the Company Executive’s intention to revoketerms and effect of this Agreement; and (i) Has signed this Agreement knowingly and voluntarily. If Executive exercises Executive’s right to revoke hereunder, Executive shall forfeit Executive’s right to receive a portion of the Equity Grants equal to one (1) month of the Executive’s monthly base salary as of the Effective DateSection 6.

Knowing and Voluntary Waiver. The Executive, by the Executive’s free and voluntary act of signing belowbelow and signing Appendix A hereto, (i) acknowledges that Executive he has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, herein (iiincluding Appendix A) acknowledges that Executive has been advised in writing to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Executive understands that this Agreement specifically releases and waives all rights and claims Executive may have under the Age Discrimination in Employment Act, as amended (“ADEA”) prior to the date on which Executive signs this Agreement, and (iv) agrees to all of the terms of this Agreement including Appendix A and intends to be legally bound thereby. Furthermore, the Executive acknowledges that the promises and benefits, including, without limitation, the Equity Grants, provided for in Paragraph 2 of this Agreement Severance Payments will be delayed until this Agreement and the Release attached hereto as Appendix A becomes effective, enforceable and irrevocable. This Agreement and the Release attached hereto as Appendix A will become effective, enforceable and irrevocable on the eighth (8th) day after the date on which it Appendix A is executed by the Executive (the “Effective Date”). During the seven (7th)-day seven-day period prior to the Effective Date, the Executive may revoke Executive’s his agreement to release claims under accept the ADEA terms hereof by indicating in writing to the Executive Vice-President, Human Resources of the Company Executive’s his intention to revoke. If the Executive exercises Executive’s his right to revoke hereunder, Executive he shall forfeit Executive’s his right to receive a portion any of the Equity Grants equal payments or benefits provided for herein, and to one (1) month the extent such payments or benefits have already been made, the Executive agrees that he will immediately reimburse the Company for the amounts of such payments and benefits. IN WITNESS the Executive’s monthly base salary Employer and the Parent have caused this Agreement to be signed by their duly authorized representatives and the Executive has signed this Agreement as of the Effective Dateday and year first above written.

Knowing and Voluntary Waiver. ExecutiveThe Employee acknowledges that, by Executive’s the Employee's free and voluntary act of signing below, (i) acknowledges that Executive has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Executive has been advised in writing to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Executive understands that this Agreement specifically releases and waives all rights and claims Executive may have under the Age Discrimination in Employment Act, as amended (“ADEA”) prior to the date on which Executive signs this Agreement, and (iv) Employee agrees to all of the terms of this Agreement and intends to be legally bound thereby. Furthermore, Executive acknowledges The Employee understands that he may consider whether to agree to the promises and benefits, including, without limitationterms contained herein for a period of twenty-one days after the date hereof. Accordingly, the Equity Grants, provided for in Paragraph 2 of Employee may execute this Agreement by February 19, 2003, to acknowledge his understanding of and agreement with the foregoing. However, the Termination Payment provided herein will be delayed until this Agreement becomes effective, enforceable is executed and irrevocablereturned to Crew. The Employee acknowledges that he has been advised to consult with an attorney prior to executing this Agreement. This Agreement will become effective, enforceable and irrevocable on the eighth (8th) day after the date on which it is executed by Executive the Employee (the “"Effective Date”"). During the seven (7th)-day seven-day period prior to the Effective Date, Executive the Employee may revoke Executive’s his agreement to release claims under accept the ADEA terms hereof by indicating in writing to the Company Executive’s Crew his intention to revoke. If Executive the Employee exercises Executive’s his right to revoke hereunder, Executive he shall forfeit Executive’s his right to receive a portion any of the Equity Grants equal benefits provided for herein, and to one (1) month the extent such payments have already been made, the Employee agrees that he will immediately reimburse Crew for the amounts of such payment. The Employee acknowledges that, by his free and voluntary act of signing below, he agrees to all of the Executive’s monthly base salary as terms of the Effective Datethis Release and intends to be legally bound thereby.

Knowing and Voluntary Waiver. ExecutiveXxxxxxxx, by Executive’s Xxxxxxxx’x free and voluntary act of signing below, (i) acknowledges that Executive he has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (ii) acknowledges that Executive he has been advised in writing to consult with an attorney prior to executing this Agreement, (iii) acknowledges that Executive he understands that this Agreement specifically releases and waives all rights and claims Executive he may have under the Age Discrimination in Employment Act, as amended (“ADEA”) prior to the date on which Executive he signs this Agreement, and (iv) agrees to all of the terms of this Agreement and intends to be legally bound thereby. Furthermore, Executive Xxxxxxxx acknowledges that the promises payments and benefits, including, without limitation, the Equity Grants, benefits provided for in Paragraph 2 of this Agreement will be delayed until this Agreement becomes effective, enforceable and irrevocable. This Agreement will shall become effective, enforceable and irrevocable on the eighth (8th) day after the date on which it is executed by Executive Xxxxxxxx (the “Effective Date”). During the seven (7th)-day seven-day period prior to the Effective Date, Executive Xxxxxxxx may revoke Executive’s his agreement to release claims under accept the ADEA terms hereof by indicating in writing to the Company Executive’s Noble his intention to revoke. If Executive Xxxxxxxx exercises Executive’s his right to revoke hereunder, Executive he shall forfeit Executive’s his right to receive a portion any of the Equity Grants equal payments or benefits provided for herein, and to one (1) month the extent such payments or benefits have already been made, Xxxxxxxx agrees that he will immediately reimburse Noble for the amounts of the Executive’s monthly base salary as of the Effective Datesuch payments and benefits.