4.I agree that this General Release does not waive or release any rights or claims that I may have under the Age Discrimination in Employment Act of 1967 which arise after the date I execute this General Release. I acknowledge and agree that my separation from employment with the Company in compliance with the terms of the Agreement shall not serve as the basis for any claim or action (including, without limitation, any claim under the Age Discrimination in Employment Act of 1967).Notwithstanding anything herein to the contrary, I am not waiving any of the following (and definition of “Claims” shall not include these claims or rights):(i) any claim or right to enforce the Agreement or this General Release; (ii) any claims which arise after the date of this General Release; (iii) my rights as a shareholder of the Company; and (iv) my rights to be indemnified and/or advanced expenses, including pursuant to the Company’s corporate governance documents or the Indemnification Agreements (as defined in the Agreement) or, if greater, applicable law and my rights to be covered under any applicable directors’ and officers’ insurance liability policies.
8.I agree that I will forfeit all amounts payable by the Company pursuant to the Agreement if I challenge the validity of this General Release. I also agree that if I violate this General Release by suing the Company or the other Released Parties with respect to Claims released by me herein, I will pay all costs and expenses of defending against the suit incurred by the Released Parties, including reasonable attorneys’ fees, and return all payments received by me pursuant to the Agreement on or after the termination of my employment. I further agree that if I materially violate any of my post-employment obligations under Sections 6 or 7 of the Agreement, I will also forfeit any cash severance amounts payable by the Company pursuant to either Section 10(d) or Section 10(e) of the Agreement, as applicable, other than the Accrued Benefits, and will return any such sums already paid, on an after-tax basis, to the Company; provided that no such payments shall be subject to forfeiture and/or repayment unless the Company has provided me with written notice of the events giving rise to such forfeiture and/or repayment and I have not ceased to engage in such activities within fifteen (15) days of my receipt of such written notice.
11.I hereby acknowledge that Sections 6, 7, 8, 10, 11, 12, 13, 15, 16, 17, 19, 20, 21, 23, 24 and 25 of the Agreement shall survive my execution of this General Release. (need to make sure these match up pursuant to new numbering).
5.Informed and Voluntary Signature. No promise or inducement has been made other than those set forth in this Agreement and General Release. This Agreement and General Release is executed by EMPLOYEE without reliance on any representation by Affinion, Holdings or any of their agents. EMPLOYEE states that that he is fully competent to manage his business affairs and understands that he may be waiving legal rights by signing this Agreement and General Release. EMPLOYEE hereby acknowledges that he has carefully read this Agreement and General Release and has had the opportunity to thoroughly discuss the terms of this Agreement and General Release with legal counsel of his choosing. EMPLOYEE hereby acknowledges that he fully understands the terms of this Agreement and General Release and its final and binding effect and that he affixes his signature hereto voluntarily and of his own free will.
6.Waiver of Rights Under the Age Discrimination Act. EMPLOYEE understands that this Agreement and General Release, and the release contained herein, waives all of his claims and rights under the ADEA. The waiver of EMPLOYEE's rights under the ADEA does not extend to claims or rights that might arise after the date this Agreement and General Release is executed. The monies to be paid to EMPLOYEE are in addition to any sums to which EMPLOYEE would be entitled without signing this Agreement and General Release. For a period of seven (7) days following execution of this Agreement and General Release, EMPLOYEE may revoke the terms of this Agreement and General Release by a written document received by the General Counsel of the Company no later than 11:59 p.m. of the seventh day following EMPLOYEE's execution of this Agreement and General Release. This Agreement and General Release will not be effective until said revocation period has expired. EMPLOYEE acknowledges that he has been given up to forty-five (45) days to decide whether to sign this Agreement and General Release. EMPLOYEE has been advised to consult with an attorney prior to executing this Agreement and General Release and has been given a full and fair opportunity to do so.
(d)Separation Agreement and General Release. The Company’s obligations to make payments under Sections 4(a)(ii) or 4(b) are conditioned on Executive’s or Executive’s legal representative’s executing a separation agreement and general release of claims against the Companies and their respective affiliates (and their respective officers and directors) in a form substantially similar to that attached hereto as Exhibit A, subject to changes as may be warranted to be made to such release to preserve the intent thereof for changes in applicable laws; provided, that, if Executive should fail to execute (or revokes) such release within sixty (60) days following the Date of Termination, the Company shall not have any obligation to provide the Severance Payments or Severance Benefits contemplated under this Section 4.Subject to the foregoing, the Severance Payments or Severance Benefits, as the case may be, shall be paid in full or begin to be paid, as the case may be, on the first payroll period occurring after the date that is sixty (60) days following the Date of Termination (with the first such payment inclusive of any Severance Payments or Severance Benefits that are otherwise payable during such initial sixty (60) day period).
4. Informed and Voluntary Signature. No promise or inducement has been made other than those set forth in this General Release. This General Release is executed by Executive without reliance on any representation by Company or any of its agents. Executive states that that Executive is fully competent to manage Executive’s business affairs and understands that Executive may be waiving legal rights by signing this General Release. Executive hereby acknowledges that Executive has carefully read this General Release and has had the opportunity to thoroughly discuss the terms of this General Release with legal counsel of Executive’s choosing. Executive hereby acknowledges that Executive fully understands the terms of this General Release and its final and binding effect and that Executive affixes Executive’s signature hereto voluntarily and of Executive’s own free will.
d. I have seven (7)days following the date that this General Release is executed (the Revocation Period) in which to revoke this General Release. To be effective, such revocation must be in writing and delivered to the Sculptor Group, as set forth in Section10.01 of the Limited Partnership Agreement, within the Revocation Period.
I acknowledge that I have been given sufficient time to review this General Release. I have consulted with legal counsel or knowingly and voluntarily chosen not to do so. I am signing this General Release knowingly, voluntarily, and with full understanding of its terms and effects. I voluntarily accept the amounts provided for in the Limited Partnership Agreement and any Partner Agreement for the purpose of making full and final settlement of all claims referred to above and acknowledge that these amounts are in excess of anything to which I would otherwise be entitled. I acknowledge and agree that in executing this General Release, I am not relying, and have not relied, upon any oral or written representations or statements not set forth or referred to in the Limited Partnership Agreement, any Partner Agreement and this General Release.
5.Informed and Voluntary Signature. No promise or inducement has been made other than those set forth in this Agreement and General Release. This Agreement and General Release is executed by EMPLOYEE without reliance on any representation by Affinion, Holdings or any of their agents. EMPLOYEE states that that she is fully competent to manage her business affairs and understands that she may be waiving legal rights by signing this Agreement and General Release. EMPLOYEE hereby acknowledges that she has carefully read this Agreement and General Release and has had the opportunity to thoroughly discuss the terms of this Agreement and General Release with legal counsel of her choosing. EMPLOYEE hereby acknowledges that she fully understands the terms of this Agreement and General Release and its final and binding effect and that she affixes her signature hereto voluntarily and of her own free will.
1.General Release.In consideration of Your issuance of the Special Payments, described in Paragraph 2 below, I hereby waive, release and give up all rights or claims which I may have against You, including but not limited to all causes of action, claims, damages, judgments or agreements of any kind arising from or in connection with My employment with You and/or the separation therefrom.This General Release releases all rights or claims, including those of which I am not aware and those not mentioned in this General Release. This General Release applies to rights or claims resulting from anything that has happened up to the date that I sign this General Release, but not any that may arise after I sign it.
These Special Payments exceed anything I would otherwise be entitled to if I did not sign this General Release.I understand that these Special Payments will not be counted for any purpose under the terms of Your employee benefit plans.
12.Who is Bound.I am bound by this General Release.Anyone who succeeds to My rights and responsibilities, such as My heirs or the executor of My estate, is also bound.This Release is made for Your benefit and all who succeed to Your rights and responsibilities, such as Your successors or assigns.
revocation period expired without My having revoked this General Release.To the extent I have signed this Agreement prior to expiration of the 21-day period to consider it, I hereby waive my right to the balance of such period of consideration and acknowledge that my waiver of the remainder of such period is voluntary, and not due to any threats or coercion by You.
2. You understand that any payments or benefits paid or granted to you under Section 5.2 of the Employment Agreement represents consideration for your signing this General Release. You understand and agree that you will not receive the benefits specified in Section 5.2 of the Employment Agreement unless you execute and do not revoke this General Release within the time period permitted hereafter or breach this General Release.
short, you knowingly and voluntarily release any and all claims you have had or may have against the Company, the Related Entities and the Related Persons. You and the Company acknowledge and agree that this General Release does not waive or release any rights or claims that you may have under the Age Discrimination in Employment Act of 1967 which arise after the date you execute this General Release. Notwithstanding the foregoing, nothing in this General Release shall release or impair (i) your right to enforce the terms of this General Release, (ii) any rights you may have to receive benefits that have accrued and vested prior to the date of this General Release, (iii) any rights you may have to indemnification pursuant to the Company’s bylaws or the Company’s directors and officers liability insurance policy currently in effect, or (iv) any rights that cannot be waived under applicable law.
8.You understand that you have been given twenty-one (21) days from the receipt of this General Release to consider it, and that you may revoke this General Release within seven (7) calendar days of your execution thereof by delivery and receipt of a written notice of revocation to the Chief Legal Officer, by midnight on or before the seventh (7th) calendar day after you deliver an executed copy of this General Release. Provided that you execute and do not revoke this General Release, this General Release shall become effective on the eighth (8th) calendar day after the date on which you sign this General Release.
(a)Employee General Release.Concurrently with the execution and delivery hereof, Employee has executed and delivered a general release (the “Employee General Release”) in the form attached hereto as Exhibit B.
5.I agree that this General Release does not waive or release any rights or claims that I may have under the Age Discrimination in Employment Act of 1967 which arise after the date I execute this General Release. I acknowledge and agree that my separation from employment with the Company in compliance with the terms of the Employment Agreement shall not serve as the basisforanyclaimoraction(including,without limitation,anyclaim undertheAge Discrimination in Employment Act of 1967).
I have carefully reviewed and fully understand all the provisions of the Transition Agreement and this General Release. I have not relied on any representation or statement, oral or written, by PANHANDLE or any of its representatives, which is not set forth in those documents.
I acknowledge that PANHANDLE gave me twenty-one (21) days to consider whether I wish to accept or reject the terms of the Transition Agreement in exchange for this General Release. I understand that if I sign and date this agreement prior to the expiration of the twenty-one (21) day period I hereby waive my rights to such twenty-one-day period and understand that my seven (7) day revocation period will begin on the date that I sign and return this General Release to PANHANDLE.
1. I understand that, other than the Accrued Benefits, the payments or benefits paid or granted to me under Section8 of the Agreement represent, in part, consideration for signing this General Release and are not salary, wages or benefits to which I was already entitled. I understand and agree that I will not receive the payments and benefits specified in Section8 of the Agreement, other than the Accrued Benefits, unless I execute this General Release and do not revoke this General Release within the time period permitted hereafter or breach this General Release. Such payments and benefits will not be considered compensation for purposes of any employee benefit plan, program, policy or arrangement maintained or hereafter established by the Company or its affiliates.
8. I agree that I will forfeit all amounts payable by the Company pursuant to the Agreement if I challenge the validity of this General Release. I also agree that if I violate this General Release by suing the Company or the other Released Parties, I will pay all costs and expenses of defending against the suit incurred by the Released Parties, including reasonable attorneys fees, and return all payments received by me pursuant to the Agreement on or after the termination of my employment.
3.Executive agrees never to seek personal recovery from any Employer Releasee in any forum for any claim covered by the above waiver and release language, except that Executive may bring a claim under the ADEA to challenge this General Release.If Executive violates this General Release by suing an Employer Releasee (excluding any claim by Executive under the ADEA or as otherwise set forth in Section 1 hereof), then Executive shall be liable to the Employer Releasee so sued for such Employer Releasee’s reasonable attorneys’ fees and other litigation costs incurred in defending against such a suit.Nothing in this General Release is intended to reflect any party’s belief that Executive’s waiver of claims under ADEA is invalid or unenforceable, it being the intent of the parties that such claims are waived.
F.Confidentiality.Executive and Employer agree that, unless required by law or by a court of competent jurisdiction, this Supplemental General Release will remain confidential and will not be used for any purpose other than enforcing their specific terms in any proceeding between the parties to this Supplemental General Release.If either document must be filed in any court, the person seeking to file it will do so only under seal unless prohibited by the court.
12.I represent that I am not aware of any claim by me other than the claims that are released by this General Release.I acknowledge that I may hereafter discover claims or facts in addition to or different than those which I now know or believe to exist with respect to the subject matter of the release set forth in paragraph 1 above and which, if known or suspected at the time of entering into this General Release, may have materially affected this General Release and my decision to enter into it.
2. General Release. Notwithstanding the below, this release shall not apply to, and the terms Claims shall not include, any rights you have under the Agreement.
4. Entire Agreement; Severability. (a)Upon its effectiveness, this General Release and the Agreement contains the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes and replaces all prior and contemporaneous agreements, representations and understandings (whether oral or written) regarding the subject matter hereof. You acknowledge that no promises or representations, oral or written, have been made relating to the subject matter hereof, and that you have not relied on any other promises or representations in signing this General Release. This General Release may be modified only in a document signed by you and the Company and referring specifically hereto, and no handwritten changes to this General Release will be binding unless initialed by you and the Company.
7. Review/Revocation. You acknowledge that you have been given at least 21 days from your receipt of this General Release to consider its meaning and effect and to determine whether you wish to sign it. If you sign this General Release before the 21 days are over, you agree that you are voluntarily waiving the rest of the 21 days without any encouragement or pressure from any of the Released Parties to do so. You also agree that any mutual modifications to this General Release, whether material or immaterial, will not restart the 21-day period. UPON ITS EFFECTIVENESS, THIS GENERAL RELEASE WILL BE A LEGAL AND BINDING CONTRACT. AS SUCH, YOU ARE AND HAVE BEEN ENCOURAGED TO CONSULT WITH AN ATTORNEY OF YOUR CHOOSING (AT YOUR OWN EXPENSE) BEFORE SIGNING THIS GENERAL RELEASE. Once you sign this General Release, you may change your mind and revoke your acceptance of this General Release but only within seven (7)days after the date that you signed it. In order to do so, any revocation must be in writing and sent to Zimmer Biomet Holdings, Inc. by overnight mail, signature required, within the seven (7)days after the date that you signed this General Release. This General Release shall not become effective until after the expiration of the revocation period described in this paragraph. If you do not revoke this General Release within the seven (7)day period, this General Release will become effective, enforceable and irrevocable on the eighth (8th)day after the date on which you signed this General Release.
BY SIGNING THIS GENERAL RELEASE, YOU AGREE THAT YOU HAVE READ IT IN ITS ENTIRETY AND UNDERSTAND ALL OF ITS TERMS AND EFFECTS, INCLUDING THAT YOU ARE PROVIDING A COMPLETE RELEASE OF ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, UP TO AND INCLUDING THE DATE THAT YOU SIGN THIS GENERAL RELEASE. YOU ACKNOWLEDGE THAT YOU HAVE HAD AMPLE TIME TO REVIEW THIS GENERAL RELEASE AND TO CONSULT WITH AN ATTORNEY (IF YOU SO CHOSE) AND THAT YOU ARE SIGNING IT KNOWINGLY AND VOLUNTARILY. YOU ALSO ACKNOWLEDGE THAT THE TRANSACTION BONUS IS GREATER THAN ANY PAYMENTS OR BENEFITS TO WHICH YOU MAY OTHERWISE BE ENTITLED IF YOU DID NOT SIGN THIS GENERAL RELEASE.
It is specifically agreed, however, that this General Release does not have any effect on any rights or claims that either party hereto may have against the other party which arise after the date of execution of this General Release.This General Release also does not have any effect on any claims that cannot be released as a matter of law.This General Release will not prevent Houchin from filing a charge, giving testimony or participating in any investigation conducted by the Equal Employment Opportunity Commission or any other government agency.However, to the fullest extent permitted by law, Houchin is hereby waiving the right to receive any personal monetary recovery or other personal relief should the Equal Employment Opportunity Commission (or other government agency) pursue any class or individual charges in part or entirely on your behalf.Finally, this General Release does not have any effect on any of the Company’s obligations under the Separation Agreement.
1. I understand that any payments or benefits paid or granted to me under the Agreement represent, in part, consideration for signing this General Release and are not salary, wages or benefits to which I was already entitled. I understand and agree that I will not receive the payments and benefits specified in the Agreement unless I execute this General Release and do not revoke this General Release within the time period permitted hereafter or breach this General Release. I also acknowledge and represent that I have received all payments and benefits that I am entitled to receive (as of the date hereof) by virtue of any employment by the Company.
7. I agree that I will forfeit all amounts payable by the Company pursuant to the Agreement if I challenge the validity of this General Release. I also agree that if I violate this General Release by suing the Company or the other Released Parties, I will pay all costs and expenses of defending against the suit incurred by the Released Parties, including reasonable attorneys fees, and return all payments received by me pursuant to the Agreement.
agency or authority, including, but not limited to, the Securities and Exchange Commission (SEC), the Equal Employment Opportunity Commission (EEOC) or the National Labor Relations Board (NLRB) about the Agreement or this General Release or its underlying facts and circumstances or filing a charge with or participating in an investigation conducted by any governmental agency or authority; however, the Agreement and this General Release does prevent the Estate, to the maximum extent permitted by law, from obtaining any monetary or other personal relief for any of the claims it has released in this General Release. This General Release shall not affect the Estates or Employees rights under the Older Workers Benefit Protection Act of 1990 (OWBPA) to have a judicial determination of the validity of this General Release and does not purport to limit any right the Employee or his Estate may have to file a charge under the ADEA or other civil rights statute or to participate in an investigation or proceeding conducted by the EEOC or other investigative agency. This General Release does, however, waive and release any right to recover damages under the ADEA or other civil rights statute.
11. Amendment. This General Release may not be amended except by a written agreement signed by both parties, which specifically refers to this General Release. 12. Counterparts; Execution Signatures. This General Release may be executed in counterparts, each of which when so executed and delivered shall be deemed to be an original and both of which when taken together shall constitute one and the same agreement.
(b) The Estate understands that it can take up to twenty-one (21)days from its receipt of the Agreement and this General Release (the Consideration Period) to consider its meaning and effect and to determine whether or not it wishes to enter into it. In addition, in order to receive the Compensation, the Estate will be required to sign the Agreement and this General Release. Before signing, the Estate is advised to consult with an attorney. If the Estate chooses to sign the Agreement and this General Release before the end of the Consideration Period, it is doing so voluntarily.
3. Revocation. Executive may revoke this Agreement and General Release for a period of seven (7)calendar days following the day Executive executes this Agreement and General Release. Any revocation within this period must be submitted in writing to the Company and state, I hereby revoke my acceptance of our Agreement and General Release. The revocation must be personally delivered to the Chairman of the Board, Eloxx Pharmaceuticals Ltd., 950 Winter Street, Waltham, MA 02451, or his designee. This Agreement and General Release shall become effective and irrevocable on the eighth (8th) day after Executive executes it, unless earlier revoked by Executive in accordance with this Section3 (the Effective Date).
13. ADEA. Employee understands and acknowledges that Employee is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act of 1967 (ADEA), and that this waiver and release is knowing and voluntary. Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement and General Release. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that Employee has been advised by this writing that nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law.
3. Revocation. Executive may revoke this Agreement and General Release for a period of seven (7) calendar days following the day Executive executes this Agreement and General Release. Any revocation within this period must be submitted in writing to the Company and state, “I hereby revoke my acceptance of our Agreement and General Release.” The revocation must be personally delivered to the Chairman of the Board, INX Services, Inc., or his designee. This Agreement and General Release shall become effective and irrevocable on the eighth (8th) day after Executive executes it, unless earlier revoked by Executive in accordance with this Section 3.
1.I understand that any payments or benefits paid or granted to me under Section 5.1 of the Agreement represent, in part, consideration for signing this General Release and are not salary, wages or benefits to which I was already entitled. I understand and agree that I will not receive the payments and benefits specified in Section 5.1 of the Agreement unless I execute this General Release and do not revoke this General Release within the time period permitted hereafter or breach this General Release. Such payments and benefits will not be considered compensation for purposes of any employee benefit plan, program, policy or arrangement maintained or hereafter established by the Company or its respective affiliates.
11.The Parties represent that they are not aware of any claims by them other than the Claims that are released by this Mutual General Release.The Parties acknowledge that they may hereafter discover claims or facts in addition to or different than those which they now know or believe to exist with respect to the subject matter of the releases set forth in paragraph 2 above and which, if known or suspected at the time of entering into this Mutual General Release, may have materially affected this Mutual General Release and the Parties’ decision to enter into them.
11.The Parties represent that they are not aware of any claims by them other than the Claims that are released by this Mutual General Release.The Parties acknowledge that they may hereafter discover claims or facts in addition to or different than those which they now know or believe to exist with respect to the subject matter of the releases set forth in paragraph 2 above and which, if known or suspected at the time of entering into this Mutual General Release, may have materially affected this Mutual General Release and the Parties' decision to enter into them.
3.Revocation.Executive may revoke this Agreement and General Release for a period of seven (7) calendar days following the day Executive executes this Agreement and General Release.Any revocation within this period must be submitted in writing to the Company and state, “I hereby revoke my acceptance of our Agreement and General Release.” The revocation must be delivered to the Company, Eloxx Pharmaceuticals, Inc.., 950 Winter Street, Waltham, MA 02451, or any executive officer of the Company.This Agreement and General Release shall become effective and irrevocable on the eighth (8th) day after Executive executes it, unless earlier revoked by Executive in accordance with this Section 3 (the “Effective Date”).
8. It is the intention of the parties hereto that the provisions of this General Release shall be enforced to the fullest extent permissible under all applicable laws and public policies, but that the unenforceability or the modification to conform with such laws or public policies of any provision hereof shall not render unenforceable or impair the remainder of the General Release. Accordingly, if any provision shall be determined to be invalid or unenforceable either in whole or in part, this General Release shall be deemed amended to delete or modify as necessary the invalid or unenforceable provisions to alter the balance of this General Release in order to render the same valid and enforceable.
9.Complete Agreement/Severability.Other than the agreements and/or obligations specifically referenced as surviving herein, this General Release constitutes the complete and final agreement between the parties and supersedes and replaces all prior or contemporaneous agreements, negotiations, or discussions relating to the subject matter of this General Release.All provisions and portions of this General Release are severable.If any provision or portion of this General Release or the application of any provision or portion of the General Release shall be determined to be invalid or unenforceable to any extent or for any reason, all other provisions and portions of this General Release shall remain in full force and shall continue to be enforceable to the fullest and greatest extent permitted by law.
1.Terms of Release. This general release is entered into by and between Robert Clemons (“the Executive”) and SEACOR Marine Holdings Inc. (the “Company”), as of the date hereof (this “General Release”), pursuant to the terms of the Separation and Consulting Agreement to which this General Release is attached (the “Separation Agreement”), which provides the Executive with certain payments and benefits, subject to the Executive’s execution of this General Release.The Executive acknowledges and agrees that the consideration provided for herein is adequate consideration for the Executive’s obligations under this General Release.
11.Executive acknowledges that he has been advised to consult with an attorney of his choice with regard to this Agreement and General Release. Executive hereby acknowledges that he understands the significance of this Agreement and General Release, and represents that the terms of this Agreement and General Release are fully understood and voluntarily accepted by him.
3. Revocation. Executive may revoke this Agreement and General Release for a period of seven (7) calendar days following the day Executive executes this Agreement and General Release. Any revocation within this period must be submitted in writing to the Company and state, “I hereby revoke my acceptance of our Agreement and General Release.” The revocation must be personally delivered to the Chairman of the Board, INX Services, Inc., or his designee. This Agreement and General Release shall become effective and irrevocable on the eighth (8th) day after Executive executes it, unless earlier revoked by Executive in accordance with this Section 3 (the “Effective Date”).
4. Entire Agreement; Severability. (a)Upon its effectiveness, this General Release (the NDA and the Confidentiality/IP Policies, all of which are incorporated herein by reference) contains the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes and replaces all prior and contemporaneous agreements, representations and understandings (whether oral or written) regarding the subject matter hereof. The Executive acknowledges that no promises or representations, oral or written, have been made relating to the subject matter hereof, and that the Executive has not relied on any other promises or representations in signing this General Release. This General Release may be modified only in a document signed by the Executive and the Company and referring specifically hereto, and no handwritten changes to this General Release will be binding unless initialed by the Executive and the Company.
7. Review/Revocation. The Executive acknowledges that he has been given at least 21 days from his receipt of this General Release to consider its meaning and effect and to determine whether he wishes to sign it. If the Executive signs this General Release before the 21 days are over, the Executive agrees that he is voluntarily waiving the rest of the 21 days without any encouragement or pressure from any of the Released Parties to do so. The Executive also agrees that any modifications to this General Release, whether material or immaterial, will not restart the 21-day period. UPON ITS EFFECTIVENESS, THIS GENERAL RELEASE WILL BE A LEGAL AND BINDING CONTRACT. AS SUCH, THE EXECUTIVE IS AND HAS BEEN ADVISED AND ENCOURAGED TO CONSULT WITH AN ATTORNEY OF HIS CHOOSING (AT HIS OWN EXPENSE) BEFORE SIGNING THIS GENERAL RELEASE. Once the Executive signs this General Release, he may change his mind and revoke his acceptance of this General Release but only within seven (7)days after the date that he signed it. In order to do so, any revocation must be in writing and sent to by overnight mail, signature required, within the seven (7)days after the date that the Executive signed this General Release. This General Release shall not become effective until after the expiration of the revocation period described in this paragraph. If the Executive does not revoke this General Release within the seven (7)day period, this General Release will become effective, enforceable and irrevocable on the eighth (8th) day after the date on which the Executive signed this General Release.
3.Revocation. Executive may revoke this Agreement and General Release for a period of calendar days following the day he executes this Agreement and General Release. Any revocation within this period must be submitted, in writing, to COMPANY and state, “I hereby revoke my acceptance of our Agreement and General Release.” The revocation must be personally delivered to , Chief Executive Officer, or his/her designee, or mailed to International Widget Enterprises at , or the Company’s then current regular business address, and postmarked within seven (7) calendar days of execution of this Agreement and General Release. This Agreement and General Release shall not become effective or enforceable until the revocation period has expired. Ifthe last day of the revocation period is a Saturday, Sunday, or legal holiday in the State of [], then the revocation period shall not expire until the next following day which is not a Saturday, Sunday, or legal holiday.
More than seven (7) calendar days have expired since I executed the above-mentioned Agreement and General Release. I have at no time revoked my acceptance or execution of that Agreement and General Release and hereby reaffirm my acceptance of it. Therefore, in accordance with the terms of our Agreement and General Release, I request payment of the monies and benefits described in the Employment Agreement (as defined in the Agreement and General Release).