Acknowledgment Contract Clauses (1,468)

Grouped Into 61 Collections of Similar Clauses From Business Contracts

This page contains Acknowledgment clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Acknowledgment. (a) Employee acknowledges and agrees that as a result and as part of Employee's employment with the Company, he has received and will receive knowledge and expertise in the Business of the Company that is special and unique. As used in this Agreement, the term "Business" shall mean the business of (i) originating mortgages, lending money or other financing, in each case, for the purpose of acquiring, developing or otherwise financing real estate and related assets or the operation of a real esta...te investment fund or such other fund, real estate investment trust or other entity that participates in the foregoing described real estate-related activities within the United States, whether through origination activities or in the secondary market (including, without limitation, through the acquisition of real estate related loans or interests therein) or (ii) Fundraising for, on behalf of, or with respect to persons engaged in the activities referenced in clause (i). (b) For purposes of this Agreement, the term "Fundraising" means any action of a person to secure third-party equity investments in a commercial business venture or investment fund, including but not limited to direct and indirect solicitation, marketing and distribution of investment material related to such commercial business venture or investment fund. (c) For purposes of this Agreement, the term "Confidential Information" means any confidential or proprietary information of the Company, which is not already or does not become generally available to the public (but not through any breach of confidentiality by Employee), whether contained in documents, electronic media or other forms, including, but not limited to, information about materials, procedures, inventions, processes, manufacturing, expertise, customer lists, potential customer lists, customer data, financial data, vendors, marketing plans, and trade secrets. Confidential Information shall also include personal information of the Company's customers, clients, employees, and vendors ("Personal Information"). (d) Employee acknowledges and agrees that the restrictive covenants and other continuing obligations in this Agreement are reasonable and necessary and that consideration and compensation provided to Employee pursuant to this Agreement constitute good and sufficient consideration for Employee's agreements and covenants in Sections 6, 7 and 8. (e) For purposes of Sections 5 through 9, the term "Company" includes both the Company and its direct and indirect subsidiaries. View More
Acknowledgment. (a) Employee acknowledges and agrees that as a result and as part of Employee's employment with the Company, he has received and will receive knowledge and expertise in the Business of the Company that is special and unique. As used in this Agreement, the term "Business" shall mean the business of (i) originating mortgages, lending money or other financing, in each case, for the purpose of acquiring, developing or otherwise financing real estate and related assets or the operation of a real esta...te investment fund or such other fund, real estate investment trust or other entity that participates in the foregoing described real estate-related activities within the United States, whether through origination activities or in the secondary market (including, without limitation, through the acquisition of real estate related loans or interests therein) or (ii) Fundraising for, on behalf of, or with respect to persons (within the meaning of Section 7701 of the Internal Revenue Code) ("Persons") engaged in the activities referenced in clause Clause (i). The Parties agree that a business, venture, entity or company or division of any of the foregoing will be conclusively presumed to be competitive for the purposes of Section 6 of this Agreement if a majority of the annual revenue of the business, venture, entity or company or division of any of the foregoing, measured over either the prior (i) five-year period or any (ii) shorter period of not less than one year (or in the case of a business, venture, entity or company or division of any of the foregoing, such shorter period than one year that it has been conducting business), is derived from the Business, or in case of a new business, venture, entity or company or division of any of the foregoing, a majority of annual revenue of which is reasonably expected to be derived from the Business; provided, however, that will not necessarily be the exclusive basis on which a business, venture, entity or company or division of any of the foregoing may be considered to be competitive for the purposes of Section 6 of this Agreement. (b) For purposes of this Agreement, the term "Fundraising" means any action of a person Person to secure third-party equity investments in a commercial business venture or investment fund, including but not limited to direct and indirect solicitation, marketing and distribution of investment material related to such commercial business venture or investment fund. 8 (c) For purposes of this Agreement, the term "Confidential Information" means any confidential or proprietary information of the Company, which is not already or does not become generally available to the public (but not through any breach of confidentiality by Employee), whether contained in documents, electronic media or other forms, including, but not limited to, information about materials, procedures, inventions, processes, manufacturing, expertise, customer lists, potential customer lists, customer data, financial data, vendors, marketing plans, and trade secrets. Confidential Information shall also include personal information of the Company's customers, clients, employees, and vendors ("Personal Information"). (d) For the purposes of this Agreement, the term "Territory" means any state or country (other than the USA) within which the Company has conducted any aspect of the Business during the then most recent two (2) years of Employee's employment with the Company. (e) Employee acknowledges and agrees that the restrictive covenants and other continuing obligations in this Agreement are reasonable and necessary and that consideration and compensation provided to Employee pursuant to this Agreement constitute good and sufficient consideration for Employee's agreements and covenants in Sections 6, 6 and 7. and 8. (e) (f) For purposes of Sections 5 through 9, 8, the term "Company" includes both the Company and its direct and indirect subsidiaries and any entities managed by the Company or any of it direct or indirect subsidiaries. View More
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Acknowledgment. Participant acknowledges that:A. Equifax is engaged in the Business as defined in Paragraph 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 of the Company;C. the Trade Secrets and Confidential Information, and the relationship between Equifax and each of its employees and customers, are valuable assets ...of 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 Restrictive Covenant Agreement; andE. the restrictions contained in this Restrictive Covenant Agreement 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. 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 empl...oyees 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
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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 of 7 18. No Admission of Liability. This Agreement shall not in any way be construed as an admission by the Company or Executive of any acts of wrongdoing or violation of any statut...e, law or legal right. 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
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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 SIGNATURE [Name] [Title] DATE SOCIAL SECURITY NUMBER DATE 2 EXHIBIT A PERFORMANCE GOALS UNDER THE CEO EVALUATION INCENTIVE AGREEMENT Fis...cal 20 Evaluation Criteria Evaluation Criteria Weighting A-1 EX-10.2 2 d739175dex102.htm EX-10.2 EX-10.2 EXHIBIT 10.2 CEO EVALUATION INCENTIVE AGREEMENT GRANTED TO GRANT DATE AMOUNT OF AWARD ($) SOCIALSECURITY NUMBER [Name] [Street] [City], [State] [Postal] / /20 Target Amount: Maximum Amount: [SSN] 1. This Agreement. This agreement, together with Exhibit A (collectively, the "Agreement"), sets forth the terms and conditions of a performance award representing the right to receive a deferred cash payment from Apogee Enterprises, Inc., a Minnesota corporation (the "Company"). View More
Acknowledgment. This Performance Award shall not be effective until the Employee dates and signs the form of Acknowledgment below and returns a signed copy of this Agreement to the Company. By signing the Acknowledgment, the Employee agrees to the terms and conditions of this Agreement and the Deferred Compensation Plan. APOGEE ENTERPRISES, INC. ACKNOWLEDGMENT: By: .EMPLOYEE'S EMPLOYEE'S SIGNATURE [Name] [Title] DATE SOCIAL SECURITY NUMBER DATE 2 EXHIBIT A PERFORMANCE GOALS UNDER THE CEO EVALUATION EVALUATION-B...ASED INCENTIVE AGREEMENT Fiscal 20 Evaluation Criteria Evaluation Criteria Weighting A-1 EX-10.2 EX-10.3 2 d739175dex102.htm EX-10.2 EX-10.2 d580963dex103.htm EX-10.3 EX-10.3 EXHIBIT 10.2 10.3 CEO EVALUATION EVALUATION-BASED INCENTIVE AGREEMENT GRANTED TO GRANT DATE AMOUNT OF AWARD ($) 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
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Acknowledgment. By executing and delivering this Release, Executive acknowledges that: -10- Exhibit 10.1 (a) Executive has carefully read this Release; (b) Executive has had at least twenty-one (21) days to consider this Release before the execution and delivery hereof to the Company; (c) Executive has been and hereby is advised in writing that Executive may, at Executive's option, discuss this Release with an attorney of Executive's choice and that Executive has had adequate opportunity to do so; and (d) Execu...tive fully understands the final and binding effect of this Release; the only promises made to Executive to sign this Release are those stated in the Agreement and herein; and Executive is signing this Release voluntarily and of Executive's own free will, and that Executive understands and agrees to each of the terms of this Release. View More
Acknowledgment. By executing and delivering this Release, Agreement, Executive acknowledges that: -10- Exhibit 10.1 (a) Executive has carefully read this Release; Agreement; (b) Executive has had at least twenty-one (21) days to consider this Release Agreement before the execution and delivery hereof to the Company; (c) Executive has been been, and hereby is is, advised in writing that Executive may, at Executive's option, discuss this Release Agreement with an attorney of Executive's choice and that Executive ...has had adequate opportunity to do so; and (d) Executive fully understands the final and binding effect of this Release; Agreement; the only promises made to Executive to sign this Release Agreement are those stated in the Agreement Letter Agreement, Equity Awards and herein; and Executive is signing this Release Agreement voluntarily and of Executive's own free will, and that Executive understands and agrees to each of the terms of this Release. Agreement. View More
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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 and you; (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) 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 and (b) 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. 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 un...used 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
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Acknowledgment. This award of Shares shall not be effective until the Director dates and signs the form of Acknowledgment below and returns a signed copy of this Agreement to the Company. By signing the Acknowledgment, the Director agrees to the terms and conditions of this Agreement and the Plan and acknowledges receipt of a copy of the prospectus related to the Plan. ACKNOWLEDGMENT: APOGEE ENTERPRISES, INC. DIRECTOR'S SIGNATURE By: [Name] DATE Chief Executive Officer and President SOCIAL SECURITY NUMBER DATE ...2 EX-10.2 4 d874518dex102.htm EX-10.2 EX-10.2 EXHIBIT 10.2 RESTRICTED STOCK AGREEMENT GRANTED TO GRANT DATE NUMBER OFSHARES OF RESTRICTED STOCK SOCIALSECURITY NUMBER
<# Shares Granted> 1. This Grant. Apogee Enterprises, Inc., a Minnesota corporation (the "Company"), hereby grants to the non-employee director named above (the "Director"), as of the above grant date and on the terms and conditions set forth in this restricted stock agreement (the "Agreement") and in the Apogee Enterprises, Inc. 2019 Non-Employee Director Stock Plan, as amended from time to time (the "Plan"), the number of shares of restricted stock set forth above (the "Shares"). Capitalized terms used in this Agreement which are not defined herein shall have the meanings given to such terms in the Plan. View More
Acknowledgment. This award of Shares shall not be effective until the Director dates and signs the form of Acknowledgment below and returns a signed copy of this Agreement to the Company. By signing the Acknowledgment, the Director agrees to the terms and conditions of this Agreement Agreement, the Director Stock Plan and the Plan Restricted Stock Deferral Program, and further acknowledges receipt of a copy of the prospectus related to the Stock Incentive Plan. ACKNOWLEDGMENT: APOGEE ENTERPRISES, INC. DIRECTOR'...S SIGNATURE By: [Name] DATE Chief Executive Officer and President SOCIAL SECURITY NUMBER DATE 2 EX-10.2 4 d874518dex102.htm EX-10.2 EX-10.2 EX-10.3 5 d874518dex103.htm EX-10.3 EX-10.3 EXHIBIT 10.2 10.3 DEFERRED RESTRICTED STOCK UNIT AGREEMENT GRANTED TO GRANT DATE NUMBER OFSHARES OF SHARES OF DEFERRED RESTRICTED STOCK SOCIALSECURITY UNITS SOCIAL SECURITY NUMBER
<# Shares Units Granted> 1. This Grant. Apogee Enterprises, Inc., a Minnesota corporation (the "Company"), hereby grants to the non-employee director named above (the "Director"), as of the above grant date and on the terms and conditions set forth in this deferred restricted stock unit agreement (the "Agreement") and "Agreement"), in the Apogee Enterprises, Inc. 2019 Non-Employee Director Stock Plan, as amended from time to time (the "Plan"), "Director Stock Plan") and Restricted Stock Deferral Program under the Director Stock Plan, as amended (the "Restricted Stock Deferral Program"), the number of Restricted Stock Units set forth above (the "Units") representing the right to receive that number of shares of restricted stock set forth above Common Stock (the "Shares"). Capitalized terms used in this Agreement which are not defined herein shall have the respective meanings given to such terms in the Plan. Director Stock Plan and the Restricted Stock Deferral Program. View More
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Acknowledgment. Hammann hereby acknowledges (a) that he has carefully read and fully understands the provisions of this Agreement, (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, he hereby waives any right to consult with counsel in connection with this Agreement, and (d) that he intends to be legally bound hereby and thereby. This Agreement shall not be construed or inte...rpreted against any Party on the basis that such Party drafted or authored a particular provision, parts of, or the entirety of this Agreement. 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 Agreeme...nt 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
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Acknowledgment. Collegium and Teva acknowledge as follows: (a) COLLEGIUM 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 RELEASED CLAIMS, THE FACTS AND CIRCUMSTANCES ALLEGED, 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 C...OLLEGIUM RELEASED CLAIMS AS SET FORTH IN SECTION 6 ABOVE, COLLEGIUM HEREBY ACKNOWLEDGES THAT THE COLLEGIUM RELEASED CLAIMS INCLUDE WAIVERS OF ANY RIGHTS, CLAIMS OR CAUSES OF ACTION THAT MIGHT ARISE AS A RESULT OF SUCH DIFFERENT OR ADDITIONAL CLAIMS OR FACTS. COLLEGIUM 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 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 IS AWARE OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: "A general release does not extend to claims that 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, if known by him or her, would have materially affected his or her settlement with the debtor or released party." 4 COLLEGIUM AGREES TO EXPRESSLY WAIVE ANY RIGHTS IT MAY HAVE UNDER THIS CODE SECTION OR UNDER FEDERAL, STATE OR COMMON LAW STATUTES OR JUDICIAL DECISIONS OF A SIMILAR NATURE, AND KNOWINGLY AND VOLUNTARILY WAIVES SUCH UNKNOWN CLAIMS. (b) TEVA 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 RELEASED CLAIMS, THE FACTS AND CIRCUMSTANCES ALLEGED, 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 RELEASED CLAIMS AS SET FORTH IN SECTION 6 ABOVE, TEVA HEREBY ACKNOWLEDGES THAT THE TEVA RELEASED CLAIMS INCLUDE WAIVERS OF ANY RIGHTS, CLAIMS OR CAUSES OF ACTION THAT MIGHT ARISE AS A RESULT OF SUCH DIFFERENT OR ADDITIONAL CLAIMS OR FACTS. TEVA 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. TEVA 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 IS AWARE OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: "A general release does not extend to claims that 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, if known by him or her, would have materially affected his or her settlement with the debtor or released party." TEVA AGREES TO EXPRESSLY WAIVE ANY RIGHTS IT MAY HAVE UNDER THIS CODE SECTION OR UNDER FEDERAL, STATE OR COMMON LAW STATUTES OR JUDICIAL DECISIONS OF A SIMILAR NATURE, AND KNOWINGLY AND VOLUNTARILY WAIVES SUCH UNKNOWN CLAIMS. View More
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. NEVERTHE...LESS, 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
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Acknowledgment. Employee has read this Agreement, has the authority to sign it, fully understands the contents of this Agreement, freely, voluntarily and without coercion enters into this Agreement, and is signing it with full knowledge that it is intended, to the maximum extent permitted by law, as a complete release and waiver of any and all claims.
Acknowledgment. Employee has You acknowledge that you have read this Agreement, has the authority to sign it, fully understands understand the contents of this Agreement, freely, voluntarily and without coercion enters enter into this Agreement, and is are signing it with full knowledge that it is intended, to the maximum extent permitted by law, as a complete release and waiver of any and all claims. claims you may have against the Company.
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