Acknowledgment Contract Clauses (3,866)

Acknowledgment. By executing this First Amendment, each of the other Station Loan Parties (a) consents to this First Amendment and the performance by the Borrower and each of the other Station Loan Parties of their obligations hereunder, (b) acknowledges that notwithstanding the execution and delivery of this First Amendment, the obligations of each of the other Station Loan Parties under the Guarantee, Guaranty, the Pledge Agreement, the Security Agreement and each of the other Credit Loan Documents to which... such Station Loan Party is a party are not impaired or affected and the Guarantee, Guaranty, the Pledge Agreement, the Security Agreement and each such Credit Loan Document continues in full force and effect and (c) affirms and ratifies, to the extent it is a party thereto, the Guarantee, Guaranty, the Pledge Agreement, the Security Agreement and each other Credit Loan Document with respect to all of the Obligations as amended hereby. View More

Acknowledgment. The Company will pay Employee all regular salary, unreimbursed medical expenses of One Thousand and Sixty-Three United States Dollars and Seventy-Seven United States Cents ($1,063.77), expenses, commissions, distributions, and Company benefits due and owing as of the Separation Date, less appropriate withholdings and is not owed any monies allowed, including but not limited to those required under the California Labor Code, as of the Separation Date. This sum is not consideration for this... Agreement. The Company will pay Employee for any vacation days that Employee has accrued but has not used as of the Separation Date. This sum is likewise not consideration for this Agreement. Information regarding the transfer or distribution of Employee's USAP 401(k) Retirement Plan account (if applicable) will be provided to Employee under separate cover by Fidelity Investments Consideration following the Separation Date. 2 4. Non-Admission of Liability. The Company hereby disclaims any wrongdoing against Employee. Indeed, Employee agrees that neither this Agreement, nor the furnishing of the consideration for the release contained herein shall be deemed or construed at any time for any purpose as an admission by Company of any liability or unlawful conduct of any kind. View More

Acknowledgment. Participant acknowledges that:A. that: A. Equifax is engaged in the Business as defined in Paragraph 1.A.;B. 1.A. ; B. Participant's position is a position of trust and responsibility with Equifax and will provide Participant with continued access to Confidential Information, Trade Secrets, and/or valuable information concerning employees and customers Customers of the Company;C. Company; C. the Trade Secrets and Confidential Information, and the relationship between Equifax and each of its... employees and customers, Customers, are valuable assets of Equifax;D. Equifax; D. Equifax's competitors, including, but not limited to, the Enterprise Competitors and the Restricted Competitors, will obtain an unfair advantage if Participant (i) discloses Confidential Information or Trade Secrets to the Company's competitors, (ii) uses Confidential Information or Trade Secrets on behalf of any entity that competes with the Company, or (iii) exploits the relationships Participant develops on behalf of the Company during his or her employment to solicit Customers or Company Workers on behalf of any entity that competes with Equifax and in violation of this these Restrictive Covenant Agreement; andE. Covenants; and E. the restrictions contained in this these Restrictive Covenant Agreement Covenants are reasonable and necessary to protect the legitimate business interests of the Company, and will not impair or infringe upon Participant's right to work or earn a living in the event Participant's employment with the Company ends.5.Trade Secrets and Confidential Information. A.Participant agrees that he or she will not:1.Either during or for a period of two (2) years after Participant's employment with Equifax, use or disclose the Confidential Information for any purpose other than the performance of duties in the Business on behalf of the Company, except as authorized in writing by Equifax, and Participant shall not use or disclose Trade Secrets indefinitely;2.During Participant's employment with Equifax, use or disclose (a) any confidential information or trade secrets of any Third Party, or (b) any works of authorship developed in whole or in part by Participant for any Third Party, unless authorized in writing by the Third Party; or3.upon the conclusion of Participant's employment with the Company for any reason retain Trade Secrets or Confidential Information, including any copies existing in any form (including electronic form) that are in Participant's possession or control, unless instructed to do so in writing by Equifax.B.Pursuant to 18 USC § 1833(b), an individual may not be held criminally or civilly liable under any federal or state trade secret law for disclosure of a trade secret: (i) made in confidence to a government official, either directly or indirectly, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law; and/or (ii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Additionally, an individual suing an employer for retaliation based on the reporting of a suspected violation of law may disclose a trade secret to his or her attorney and use the trade secret information in the court proceeding, so long as any document 12 containing the trade secret is filed under seal and the individual does not disclose the trade secret except pursuant to court order. ends. View More

Acknowledgment. Executive acknowledges and agrees that the severance payments and other consideration provided herein are consideration to which Executive is not otherwise entitled except pursuant to the terms of this Agreement, and are being provided in exchange for Executive's compliance with his obligations set forth hereunder. 5 4 of 7 18. 6 14. No Admission of Liability. This Agreement shall not in any way be construed as an admission by the Company CytRx or Executive of any acts of wrongdoing or... violation of any statute, law or legal right. View More

Acknowledgment. This Performance Award shall not be effective until the Employee dates and signs the form of Acknowledgment below and returns a signed copy of this Agreement to the Company. By signing the Acknowledgment, the Employee agrees to the terms and conditions of this Agreement and the Deferred Compensation Plan. APOGEE ENTERPRISES, INC. ACKNOWLEDGMENT: By: .EMPLOYEE'S EMPLOYEE'S SIGNATURE [Name] [Title] DATE SOCIAL SECURITY NUMBER DATE 2 EXHIBIT A PERFORMANCE GOALS UNDER THE CEO EVALUATION EVALUATION-BASED INCENTIVE AGREEMENT Fiscal 20 Evaluation Criteria Evaluation Criteria Weighting A-1 EX-10.2 EX-10.3 2 d739175dex102.htm EX-10.2 EX-10.2 d580963dex103.htm EX-10.3 EX-10.3 EXHIBIT 10.2 10.3 CEO EVALUATION EVALUATION-BASED INCENTIVE AGREEMENT GRANTED TO GRANT DATE AMOUNT OF AWARD ($) SOCIALSECURITY SOCIAL SECURITY NUMBER [Name] [Street] [City], [State] [Postal] / /20 Target Amount: Maximum Amount: [SSN] 1. This Agreement. This agreement, together with Exhibit A (collectively, the "Agreement"), sets forth the terms and conditions of a performance award representing the right to receive a deferred cash payment from Apogee Enterprises, Inc., a Minnesota corporation (the "Company"). View More

Acknowledgment. (a) Key Employee: I acknowledge and agree that, by reason of my highly specialized skillset and the Company's investment of time, training, money, trust, and exposure to Confidential Information, I am intimately involved in the planning and direction of the Company's global business operations. (b) Consideration: I acknowledge and agree that my execution of and compliance with this Agreement are material factors in the Company's decision to continue my employment and to provide me with the... associated compensation and benefits, as well as access to Confidential Information that is not provided to other employees of the Company, which constitutes good and valuable consideration for the covenants set forth in this Agreement. (c) Potential Unfair Competition: I acknowledge and agree that, as a result of my receipt of Confidential Information, my role at UPS, and my relationships with UPS customers and/or employees, I would have an unfair competitive advantage if I were to violate this Agreement. (d) No Undue Hardship: I acknowledge and agree that, in the event that my employment with the Company terminates for any reason, I possess marketable skills and abilities that will enable me to find suitable employment without violating the covenants set forth in this Agreement. (e) Voluntary Execution: I acknowledge and affirm that I am executing this Agreement voluntarily, that I have read this Agreement carefully, that I have had a full and reasonable opportunity to consider this Agreement (including actual consultation with legal counsel), and that I have not been pressured or in any way coerced, threatened or intimidated into signing this Agreement. View More

Acknowledgment. You acknowledge and agree that: (i) this Agreement and the Consideration are neither intended to nor shall constitute a severance plan and shall confer no benefit on anyone other than Kiniksa the Company and you; and 2 (ii) the Consideration provided for herein is not otherwise due or owing to you under any employment agreement (oral or written); and (iii) except for (a) the Consideration payable in accordance with this Separation Agreement, (b) any unpaid regular wages (including accrued but... unused vacation time) earned through (and including) the Separation Date, which shall be paid by the Company as set forth in this Agreement on the Separation Date and (b) (c) any vested monies due to you pursuant to any retirement programs in which you participate, you have been paid and provided all wages, vacation pay, holiday pay, earned paid sick time, bonuses, commissions and any other form of compensation or benefit that may be due to you now or which would have become due in the future in connection with your employment with or separation of employment from Kiniksa. ZIOPHARM. View More

Acknowledgment. Hammann hereby acknowledges (a) that he has carefully read and fully understands the provisions of this Agreement, Amendment, (b) that he has had the opportunity to seek the advice of counsel in connection therewith, and has chosen to forego such advice, (c) that by proceeding with the execution of this Agreement, Amendment, he hereby waives any right to consult with counsel in connection with this Agreement, Amendment, and (d) that he intends to be legally bound hereby and thereby. This ... class="diff-color-red">Agreement Amendment shall not be construed or interpreted against any Party on the basis that such Party drafted or authored a particular provision, parts of, or the entirety of this Agreement. Amendment. View More

Found in CYTRX CORP contract

Acknowledgment. Collegium Actavis and Teva Neos acknowledge as follows: (a) COLLEGIUM ACTAVIS ACKNOWLEDGES THAT IT MAY HEREAFTER DISCOVER CLAIMS OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH IT NOW KNOWS OR BELIEVES TO EXIST WITH RESPECT TO THE COLLEGIUM ACTAVIS RELEASED CLAIMS, THE FACTS AND CIRCUMSTANCES ALLEGED, ALLEGED IN THE ACTION, AND/OR THE SUBJECT MATTER OF THIS AGREEMENT, WHICH, IF KNOWN OR SUSPECTED AT THE TIME OF EXECUTING THIS AGREEMENT, MAY HAVE MATERIALLY AFFECTED THIS AGREEMENT.... NEVERTHELESS, UPON THE EFFECTIVENESS OF THE RELEASE OF THE COLLEGIUM ACTAVIS RELEASED CLAIMS AS SET FORTH IN SECTION 6 5 ABOVE, COLLEGIUM ACTAVIS HEREBY ACKNOWLEDGES THAT THE COLLEGIUM ACTAVIS RELEASED CLAIMS INCLUDE WAIVERS OF ANY RIGHTS, CLAIMS CLAIMS, OR CAUSES OF ACTION THAT MIGHT ARISE AS A RESULT OF SUCH DIFFERENT OR ADDITIONAL CLAIMS OR FACTS. COLLEGIUM ACTAVIS ACKNOWLEDGES THAT IT UNDERSTANDS THE SIGNIFICANCE AND POTENTIAL CONSEQUENCES OF SUCH A RELEASE OF UNKNOWN UNITED STATES JURISDICTION CLAIMS AND OF SUCH A SPECIFIC WAIVER OF RIGHTS. COLLEGIUM ACTAVIS INTENDS THAT THE CLAIMS RELEASED BY IT UNDER THIS RELEASE BE CONSTRUED AS BROADLY AS POSSIBLE TO THE EXTENT THEY RELATE TO UNITED STATES JURISDICTION CLAIMS. COLLEGIUM ACTAVIS IS AWARE OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: "A general release does not extend to claims that which the creditor or released party does not know or suspect to exist in his or her favor at the time of executing the release and that, release, which if known by him or her, would must have materially affected his or her settlement with the debtor or released party." 4 COLLEGIUM debtor." ACTAVIS AGREES TO EXPRESSLY WAIVE ANY RIGHTS IT MAY HAVE UNDER THIS CODE SECTION OR UNDER FEDERAL, STATE STATE, OR COMMON LAW STATUTES OR JUDICIAL DECISIONS OF A SIMILAR NATURE, AND KNOWINGLY AND VOLUNTARILY WAIVES ALL SUCH UNKNOWN CLAIMS. (b) TEVA NEOS ACKNOWLEDGES THAT IT MAY HEREAFTER DISCOVER CLAIMS OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH IT NOW KNOWS OR BELIEVES TO EXIST WITH RESPECT TO THE TEVA NEOS RELEASED CLAIMS, THE FACTS AND CIRCUMSTANCES ALLEGED, ALLEGED IN THE ACTION, AND/OR THE SUBJECT MATTER OF THIS AGREEMENT, WHICH, IF KNOWN OR SUSPECTED AT THE TIME OF EXECUTING THIS AGREEMENT, MAY HAVE MATERIALLY AFFECTED THIS AGREEMENT. NEVERTHELESS, UPON THE EFFECTIVENESS OF THE RELEASE OF THE TEVA NEOS RELEASED CLAIMS AS SET FORTH IN SECTION 6 5 ABOVE, TEVA NEOS HEREBY ACKNOWLEDGES THAT THE TEVA NEOS RELEASED CLAIMS INCLUDE WAIVERS OF ANY RIGHTS, CLAIMS CLAIMS, OR CAUSES OF ACTION THAT MIGHT ARISE AS A RESULT OF SUCH DIFFERENT OR ADDITIONAL CLAIMS OR FACTS. TEVA NEOS ACKNOWLEDGES THAT IT UNDERSTANDS THE SIGNIFICANCE AND CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH "[***]". A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 4 POTENTIAL CONSEQUENCES OF SUCH A RELEASE OF UNKNOWN UNITED STATES JURISDICTION CLAIMS AND OF SUCH A SPECIFIC WAIVER OF RIGHTS. TEVA NEOS INTENDS THAT THE CLAIMS RELEASED BY IT UNDER THIS RELEASE BE CONSTRUED AS BROADLY AS POSSIBLE TO THE EXTENT THEY RELATE TO UNITED STATES JURISDICTION CLAIMS. TEVA NEOS IS AWARE OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: "A general release does not extend to claims that which the creditor or released party does not know or suspect to exist in his or her favor at the time of executing the release and that, release, which if known by him or her, would must have materially affected his or her settlement with the debtor or released party." TEVA debtor." NEOS AGREES TO EXPRESSLY WAIVE ANY RIGHTS IT MAY HAVE UNDER THIS CODE SECTION OR UNDER FEDERAL, STATE STATE, OR COMMON LAW STATUTES OR JUDICIAL DECISIONS OF A SIMILAR NATURE, AND KNOWINGLY AND VOLUNTARILY WAIVES ALL SUCH UNKNOWN CLAIMS. View More