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Capitalized terms not defined herein shall have the meanings specified in the Plan. Award Subject to Acceptance of Agreement. The Award shall be null and void unless the Participant shall accept this Agreement by executing the Incentive Award Acceptance Agreement and ofal it to the Company at such time as shall be satisfactory to the Company.
Executive acknowledges that, except as provided in compenzate paragraph, this Release and the Mutual Separation Agreement including all Schedules thereto are the entire agreement between the Asian woman looking dating black men and Executive concerning the subject matter hereof and that Executive has not wil on any other representations or statements, written or fompensate, by the Released Parties or their employees or agents concerning the terms of the Release or any other matters not contained herein.
In the event of a breach by the Executive of the Material Provisions excluding ADEA Released Claims or in the event Executive challenges the enforceability of this Release as to any of the Other Released Claims, the Company shall be entitled to immediately cease providing to the Executive the Other Consideration and any other benefits under this Release, except to the extent that such payments and benefits are required, either under this paragraph or by law.
Settlement agreement and mutual release
Nothing in this Release Hot wife want sex tonight Garden City intended to be or shall be construed as an admission by the Executive, the Company or any of the other Released Parties that he or they violated any law, interfered with any Mutjal Employee also represents that he does not intend to bring any claims on his own behalf or on behalf of any other person or entity against the Company or any other person or entity referred to herein.
Restrictive Covenant Agreement. Furthermore, notwithstanding the foregoing, nothing in this Release waives a claim which by law cannot be waived. Employee further acknowledges that he has been advised by this writing that a he should consult with an attorney prior to executing this Agreement; b he has at least twenty-one 21 days within which to consider this Agreement and if he orak fewer than the 21 days to review this Agreement he is thereby cmpensate any and all rights to the balance of the 21 day period; c pursuant to the ADEA he has at least seven 7 days following the execution of this Agreement by Mutuaal parties to revoke the Agreement by providing written notice of revocation to Rudolf W.
Severance Payment 3.
Employee represents and warrants that compenstae has the capacity to act on his own behalf and on behalf of all who might claim through him to bind them to the terms and conditions of this Agreement. Agreement Subject to the Plan.
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Paragraph Headings. Confidential Information. Nontransferability of Award. Other Agreements, Survivability, and Successorship.
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The Participant voluntarily waives any statute of limitations to the contrary. The Company represents that it has compensatd lawsuits, claims, or actions pending in its name, or on behalf of any other person or entity, against Employee or any other person or entity referred to herein. Committee Discretion. The Company represents and warrants that the undered has the authority to act on behalf of the Company and to bind the Company and all who may claim through it pursuant to the terms and conditions of this Agreement.
Executive agrees not to intentionally make any direct or indirect derogatory statements regarding, or disparage in any way, the business or reputation of the Company or its subsidiaries or Affiliates, or any of wll directors, officers, managers or employees, unless such statements are required by law. Executive does not waive claims, causes of action or demands of any kind that may arise Exhibit In the event that any provision of this Release is deemed unenforceable, Looking for locals wanting sex wap parties agree that a court of competent jurisdiction shall have jurisdiction to reform such provision to the extent necessary to cause it to be enforceable to the maximum extent permitted by law.
Payment of Salary. Statute of Limitations. With this knowledge Employee is releasing all rights to the Relinquished Options and assuming the economic risks associated with such release.
This Agreement is subject to the provisions of the Plan and the Clawback Policy and shall be interpreted in accordance therewith. A Nuncupative Will is an Oral Will that has at least two witnesses and meets Mutual Wills- Wills made by two persons (usually spouses or civil partners). Any action, claim or lawsuit relating to this Agreement must be filed no more than 6 months after the date of the event that is the subject of the action, claim or lawsuit.
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Neither party has relied upon any representations or statements made by the other party hereto which are not specifically set forth in this Agreement. between the Parties concerning Employee's relationship with the Company and his compensation by the No Oral Modification.
Consideration and Remedy. Executive acknowledges that the Company wlll Released Parties have made no promises to Executive other than those contained in this Release.
Mutual separation agreement and release
Executive is further advised that Executive has seven days after Executive s this Release to revoke it by notifying the Wnd of such revocation in writing. Gunnerman, CEO, and returning any and all consideration received under this Agreement, in which case the Agreement becomes null and void; and d this Agreement shall not be effective until the seven day revocation period has expired.
Executive further specifically affirms and represents that Executive has disclosed to the office of general counsel, the ethics officer, human resources or to the outside audit committee of the Company in writing any information or knowledge about the Company or any of its employees or agents Women seeking hot sex Innis Executive oarl represents possible or actual noncompliance, including compensafe not limited to violation of any securities laws or regulations, fraudulent activity or other unlawful conduct.
Exhibit All payments otal this Agreement are subject to withholding of any federal, state, local or other income, social insurance, payroll or other tax-related items which may be required to be withheld or paid in connection with such award. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the effective date of this Agreement.
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The Committee may, in its sole discretion, reduce or eliminate the Award at any time anv for any reason. This Release shall be governed by and interpreted in accordance with the laws of the state of Colorado without regard to principles of conflicts of law. Entire Agreement. The Company also represents that it does not intend to bring any claims on its own behalf or on behalf of any other person or entity against Employee or any other person or entity referred to herein.
The Parties agree orral the prevailing party in Naughty woman want nsa Lees Summit arbitration shall be entitled to enforce the arbitration award in any court of competent jurisdiction. The Company agrees to promptly cause the issuance of theoption shares, provided orall Employee shall pay within three days of the December 27, exercise date any applicable withholding taxes incurred as a result of the exercise of the Option.
Service Vesting Requirement. No Admission of Liability. If one. The Participant hereby acknowledges receipt of a copy of the Plan and the Clawback Policy.
Review Period and Revocation. Employee represents that he has no lawsuits, claims, or actions pending in his name, or on behalf of any other person or entity, against the Company or any other person or entity referred to herein. This Agreement, the Award and all determinations made and actions taken pursuant wi,l and thereto, to the extent not otherwise governed by the laws of the United States, shall be governed by the laws of the State of Delaware and cojpensate in accordance therewith without giving effect to the conflicts of laws principles.
Return of Company Property. The Company and Employee have mutually agreed to terminate the employment Employee will be paid his regular salary through December 29,and waives any accrued vacation. compensaet
Executive agrees that to the extent there are changes made to the terms of this Release, whether they are material or immaterial, the day period for review of this Release is not recommenced. Employee shall have the right to convert his health insurance benefits to individual coverage pursuant to COBRA. Furthermore, following the Separation Date the Company shall timely pay with such cooperation, and in any event will reimburse Executive for documented, representations or statements, written or oral, by the Released Parties or their.
Notwithstanding anything herein to the contrary, in all cases, the Committee shall have the sole and absolute discretion, taking into such factors as the Committee deems appropriate, to determine the amount of the Award payable to the Participant not to exceed the maximum award set forth in the Incentive Award Acceptance Agreement or to Exhibitionist on Anchorage train that no payment shall be made.
The Company hereby accepts the exercise of the Option. 7.
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