Common use of Voluntary Consent Clause in Contracts

Voluntary Consent. By signing this Agreement, Perry acknowledges (a) he has read this Agreement and fully understands its terms and their import; (b) any and all questions regarding the terms of this Agreement have been asked and answered to his complete satisfaction; (c) he has had at least 21 days to consider the terms and effects of this Agreement (the “Consideration Period”) and has either considered it for that period of time or has knowingly and voluntarily waived his right to do so; (d) he may revoke the Agreement up to 7 days after his signing of the Agreement, (e) revocation of the Agreement is effective by sending written notice to X. Xxxxx Xxxx, Sr. Vice President and Chief Compliance Officer, Trinity Industries, Inc., 0000 X. Xxxxxxxx Freeway, Dallas, Texas 75207, so as to be received no later than seven (7) days following Perry’s signing of this Agreement (“Revocation Period”); (f) the receipt of the compensation described in this Agreement is expressly conditioned on his signing of this Agreement and the expiration of the mandatory Revocation Period without revocation by Perry; (g) Company advises Perry to consult with an attorney of his own choosing regarding the terms of this Agreement; (h) Perry must sign this Agreement and return it to X. Xxxxx Xxxx, Sr. Vice President and Chief Legal Officer, Trinity Industries, Inc., 0000 X. Xxxxxxxx Freeway, Dallas, Texas 75207 within three (3) days of the expiration of the Consideration Period, otherwise this offer will expire and this Agreement will be null, void and of no force or effect; (i) that this Agreement was not requested nor provided in connection with an exit incentive or other employment termination program offered to a group or class of employees; (j) the compensation provided for herein is good and valuable, and it is accepted by Perry in full satisfaction of all claims Perry’s has or may have against the Released Parties, and as adequate consideration for Perry’s agreements, covenants, and commitments made herein; and, (k) Perry is entering into this Agreement voluntarily, of his own free will, and without any coercion, undue influence, threat, or intimidation of any kind or type whatsoever. Signature Page Follows

Appears in 1 contract

Samples: Executive Transition Agreement (Trinity Industries Inc)

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Voluntary Consent. By signing this Agreement, Perry Executive acknowledges (a) he has read this Agreement and fully understands its terms and their import; (b) any and all questions regarding the terms of this Agreement have been asked and answered to his complete satisfaction; (c) he has had at least 21 days to consider the terms and effects of this Agreement (the “Consideration Period”) and has either considered it for that period of time or has knowingly and voluntarily waived his right to do so; (d) he may revoke the Agreement up to 7 days after his signing of the Agreement, (e) revocation of the Agreement is effective by sending written notice to X. Xxxxx Xxxx, Sr. Vice President and Chief Compliance Legal Officer, Trinity Industries, Inc., 0000 2500 X. Xxxxxxxx Freeway, Dallas, Texas 75207, so as to be received no later than seven (7) days following PerryExecutive’s signing of this Agreement (“Revocation Period”); (f) the receipt of the compensation described in this Agreement is expressly conditioned on his signing of this Agreement and the expiration of the mandatory Revocation Period without revocation by PerryExecutive; (g) Company advises Perry Executive to consult with an attorney of his own choosing regarding the terms of this Agreement; (h) Perry Executive must sign this Agreement and return it to X. Xxxxx Xxxx, Sr. Vice President and Chief Legal Officer, Trinity Industries, Inc., 0000 2500 X. Xxxxxxxx Freeway, Dallas, Texas 75207 within three (3) days of the expiration of the Consideration Period, otherwise this offer will expire and this Agreement will be null, void and of no force or effect; (i) that this Agreement was not requested nor provided in connection with an exit incentive or other employment termination program offered to a group or class of employees; (j) the compensation provided for herein is good and valuable, and it is accepted by Perry Executive in full satisfaction of all claims PerryExecutive’s has or may have against the Released Parties, and as adequate consideration for PerryExecutive’s agreements, covenants, and commitments made herein; and, (k) Perry Executive is entering into this Agreement voluntarily, of his own free will, and without any coercion, undue influence, threat, or intimidation of any kind or type whatsoever. Signature Page Follows.

Appears in 1 contract

Samples: Executive Transition Agreement (Trinity Industries Inc)

Voluntary Consent. By signing this Agreement, Perry acknowledges Fxxxxxxx acknowledges: (a) he has read this Agreement and fully understands its terms and their import; (b) any and all questions regarding the terms of this Agreement have been asked and answered to his complete satisfaction; (c) he has had at least 21 days to consider the terms and effects of this Agreement (the Consideration Period”) and has either considered it for that period of time or has knowingly and voluntarily waived his right to do so; (d) he may revoke the this Agreement up to 7 days after his signing of the Agreement, (e) revocation of the Agreement is effective by sending written notice to JXXXX X. XXXXX, CORPORATE LABOR & EMPLOYMENT COUNSEL, TRINITY INDUSTRIES, INC., 2000 Xxxxxxxx Xxxxxxx, Xxxxxx, Xxxxx Xxxx, Sr. Vice President and Chief Compliance Officer, Trinity Industries, Inc., 0000 X. Xxxxxxxx Freeway, Dallas, Texas 7520700000, so as to be received no later than within seven (7) days following Perry’s of Fxxxxxxx’x signing of this Agreement (“Revocation Period”); (fe) the receipt of the compensation consideration described in this Agreement is expressly conditioned on his signing of this Agreement and the expiration of the mandatory Revocation Period Period, without revocation by PerryFxxxxxxx; (gf) Company advises Perry he has been given the opportunity to consult with an attorney of his own choosing choosing, Jxxxxxx X. London, regarding the terms of this AgreementAgreement and encouraged to do so; (hg) Perry Fxxxxxxx must sign this Agreement and return it to Txxxxxx X. Xxxxx XxxxXxxxxxx, Sr. Vice Chairman, President and Chief Legal Executive Officer, Trinity Industries, Inc., 0000 X. 2000 Xxxxxxxx FreewayXxxxxxx, DallasXxxxxx, Texas 75207 within three (3) days of the expiration of the Consideration PeriodXxxxx 00000, before November 30, 2004, otherwise this offer will expire and this Agreement will be null, void null and of no force or effectvoid; (ih) he acknowledges that this Agreement was not requested nor provided in connection with an exit incentive or other employment termination program offered to a group or class of employees; (ji) the compensation consideration provided for herein is good and valuable, and it is accepted by Perry Fxxxxxxx in full satisfaction of all claims Perry’s has Fxxxxxxx has, or may have have, against the Released Parties, and as well as adequate consideration for Perry’s agreements, covenants, and Fxxxxxxx’x commitments made herein; and, (kj) Perry he is entering into this Agreement voluntarily, of his own free will, and without any coercion, undue influence, threat, or intimidation of any kind or type whatsoever. Signature Page Follows.

Appears in 1 contract

Samples: Transition, Non Compete and Release Agreement (Trinity Industries Inc)

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Voluntary Consent. By signing this Agreement, Perry XxXxxxxxx acknowledges (a) he has read this Agreement and fully understands its terms and their import; (b) any and all questions regarding the terms of this Agreement have been asked and answered to his complete satisfaction; (c) he has had at least 21 days to consider the terms and effects of this Agreement (the “Consideration Period”) and has either considered it for that period of time or has knowingly and voluntarily waived his right to do so; (d) he may revoke the Agreement up to 7 days after his signing of the Agreement, (e) revocation of the Agreement is effective by sending written notice to X. Xxxxx Xxxx, Sr. Vice President and Chief Compliance Legal Officer, Trinity Industries, Inc., 0000 X. Xxxxxxxx Freeway, Dallas, Texas 75207, so as to be received no later than seven (7) days following Perry’s XxXxxxxxx’x signing of this Agreement (“Revocation Period”); (f) the receipt of the compensation described in this Agreement is expressly conditioned on his signing of this Agreement and the expiration of the mandatory Revocation Period without revocation by PerryXxXxxxxxx; (g) Company advises Perry XxXxxxxxx to consult with an attorney of his own choosing regarding the terms of this Agreement; (h) Perry XxXxxxxxx must sign this Agreement and return it to X. Xxxxx Xxxx, Sr. Vice President and Chief Legal Officer, Trinity Industries, Inc., 0000 X. Xxxxxxxx Freeway, Dallas, Texas 75207 within three (3) days of the expiration of the Consideration Period, otherwise this offer will expire and this Agreement will be null, void and of no force or effect; (i) that this Agreement was not requested nor provided in connection with an exit incentive or other employment termination program offered to a group or class of employees; (j) the compensation provided for herein is good and valuable, and it is accepted by Perry XxXxxxxxx in full satisfaction of all claims Perry’s XxXxxxxxx’x has or may have against the Released Parties, and as adequate consideration for Perry’s XxXxxxxxx’x agreements, covenants, and commitments made herein; and, (k) Perry XxXxxxxxx is entering into this Agreement voluntarily, of his own free will, and without any coercion, undue influence, threat, or intimidation of any kind or type whatsoever. Signature Page Follows.

Appears in 1 contract

Samples: Executive Transition Agreement (Trinity Industries Inc)

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