Voluntary Waiver. Nothing in this Agreement shall be construed as preventing the Adviser from voluntarily limiting, waiving or reimbursing the Fund’s expenses outside the contours of this Agreement; nor shall anything herein be construed as requiring that the Adviser limit, waive or reimburse any of the Fund’s expenses after the expiration date set forth in the Appendix (“Expiration Date”).
Voluntary Waiver. 14. You understand and agree that the Company is under no obligation to provide the payments and benefits provided in this Release Agreement absent your consent to the terms of this Release Agreement, and that you are under no obligation to consent to this Release Agreement. You acknowledge and agree that (a) the Company has advised you of your right to consult with an attorney prior to executing this Release Agreement, (b) you have carefully read and fully understand all of the provisions of this Release Agreement, and (c) you are entering into this Release Agreement knowingly, freely and voluntarily in exchange for good and valuable consideration. You shall have twenty-one (21) calendar days from the date of this Release Agreement to consider this Release Agreement, although you may sign it sooner; provided, however, that if the termination of your employment is part of an exit incentive or employment termination program, you shall have forty-five (45) days from the date of this Release Agreement to consider this Release Agreement and the Older Workers Benefit Protection Act chart that is attached as Annex C to this Release Agreement. Once you have signed this Release Agreement, you shall have seven (7) additional calendar days from the date of execution to revoke your consent to this Release Agreement. Any such revocation shall be made in writing so as to be received by the Senior Vice President, Human Resources, prior to the eighth (8th) calendar day following your execution of this Release Agreement. If no such revocation occurs, this Release Agreement shall become effective on the eighth (8th) calendar day following your execution of this Release Agreement (the "Effective Date"). In the event that you revoke your consent or you do not sign this Release Agreement within the applicable review period, this Release Agreement shall be null and void, and the Company shall not be obligated to provide you with any of the payments or benefits set forth in this Release Agreement.
Voluntary Waiver. Employee further understands and acknowledges that this Agreement constitutes a voluntary waiver of any and all rights and claims Employee has against the Company as of the date of the execution of this Agreement, and Employee has expressly waived rights or claims pursuant to this Agreement in exchange for consideration, the value of which exceeds payment or remuneration to which Employee was already entitled.
Voluntary Waiver. Officer hereby acknowledges that he/she is entering into this Agreement knowingly and voluntarily and understands that he/she is waiving valuable rights to which he/she may otherwise be entitled. Officer hereby acknowledges that he/she has been advised to consult with an attorney regarding this Agreement. Officer further acknowledges that he/she can take up to twenty-one (21) calendar days to execute this Agreement (up to 5 p.m. on ______, ____) and fully understands the effect of signing this document. Revised March 5, 2001 6 24 If Officer is age 40 or over, Officer acknowledges that he/she will have seven (7) days after executing this Agreement in which to rescind it and that this Agreement will not become effective (and that he/she is entitled to no compensation or other benefits under this Agreement) until eight (8) days after its execution. Officer acknowledges that a significant part of the salary continuation and other benefits and reimbursements provided in this Agreement is consideration for waiving any claim of age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. Section 621 et seq.
Voluntary Waiver. This Agreement and Release is executed voluntarily and without any duress or undue influence on the part or behalf of the parties hereto, with the full intent of releasing all claims. The Employee and the [Agency] further acknowledge the Release does not release claims that cannot lawfully be released. The Employee and the [Agency] acknowledge that: (a) they have read this Agreement and Release; (b) they have been represented in the preparation, negotiation, and execution of this Agreement and Release by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) they understand the terms and consequences of this Agreement and Release and of the releases it contains; and (d) they are fully aware of the legal and binding effect of this Agreement and Release. The Employee acknowledges that he or she is waiving and releasing any current rights he or she may have under the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefit Protection Act (OWBPA) and that this waiver and release is knowing and voluntary. The Employee and the [Agency] agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA or OWBPA after the effective date of this release.
Voluntary Waiver. The parties expressly waive and relinquish all rights and benefits afforded by Section 1542 of the Civil Code of the State of California with respect to the releases provided herein, and do so understanding and acknowledging the significance of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states as follows: "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." Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing the releases provided herein, the parties expressly acknowledge that this Agreement is intended to include in its effect, without limitation other than the express limitations set forth herein, all claims which either party does not know or suspect to exist in such party's favor at the time of execution hereof, and that this Agreement contemplates the extinguishment of any such claims. The parties acknowledge and agree that the foregoing waiver of the provisions of Section 1542 has been expressly bargained for by each of the parties in the negotiation of this Agreement.
Voluntary Waiver. 20. You understand and agree that the Company is under no obligation to provide the payments and benefits provided in Paragraph 4 of this Release Agreement absent your consent to the terms of this Release Agreement, and that you are under no obligation to consent to this Release Agreement.
Voluntary Waiver. TAILORED BRANDS hereby advises Xxxxxxx to consult with an attorney regarding this Agreement and the release of claims contained herein. By signing below, Xxxxxxx acknowledges that he has been advised by TAILORED BRANDS to consult with an attorney, and Xxxxxxx agrees that he has had an opportunity to have an attorney of his choice review this Agreement and the release contained herein before signing this Agreement. Xxxxxxx acknowledges that he has carefully read and understands all of the provisions of this Agreement and that he is executing this Agreement of his own free will and without duress. Xxxxxxx also acknowledges receipt of the Agreement on December 8, 2016, and that he has been given at least 21 days to consider it, and that Xxxxxxx voluntarily signs it and agrees to be bound by its terms. Xxxxxxx also understands and agrees that this Agreement must be signed between December 31, 2016 and January 6, 2017, in order for him to be entitled to the benefits given under it. Xxxxxxx also understands he may revoke the Agreement within 7 days after signing it, and unless so revoked, the Agreement will be fully effective upon expiration of the revocation period. Xxxxxxx understands and agrees that to revoke this Agreement, written notice of the revocation must be received by the following person no later than 11:59 p.m. Pacific Time on the seventh (7th) day from the date this Agreement is signed: Xxxxxx Souvenir Executive Vice President—Employee Relations Tailored Brands, Inc. 0000 Xxxxxxxxx Xxxxxxxxx Fremont, CA 94538 Phone: 000.000.0000
Voluntary Waiver. I acknowledge I have read this Agreement and that I have had an opportunity to question the Employer or its representatives concerning the Separation Payment and vested stock options that I will receive, provided that I enter into this Agreement. I acknowledge that my decision to enter into this Agreement is voluntary, and I have made such decision without coercion or duress. I understand and have had the opportunity to discuss with legal counsel the legal and financial implications of my waiver and my entering into this Agreement.
Voluntary Waiver. Xxxxxxxxxx expressly acknowledges ---------------------------- that the waiver of his claims, including, but not limited to, claims under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Section 621 et seq.; the Employee Retirement Income Security Act of 1974, as ------ amended, 29 U.S.C. Section 1001 et seq. Title VII of the Civil Rights Act ------ of 1964, as amended, 42 U.S.C. Section 2000 et seq. the Civil Rights Act of ------ 1991, 42 U.S.C. 1981(a) et seq. the Americans With Disabilities Act of ------ 1990, 42 U.S.C. Section 12101 et seq. the Missouri Human Rights Act, Mo. ------ Rev. Stat. Section 213.010 et seq. and any and all other statutes or ------ ordinances; and any and all other claims arising under or pursuant to common law or any other legislation, is knowing and voluntary, that this waiver is a part of this Agreement, that the
