Knowing and Voluntary Waiver Contract Clauses (62)

Knowing and Voluntary Waiver. You expressly acknowledge and agree that you: (a) Are able to read the language, and understand the meaning and effect, of this Agreement; (b) Have no physical or mental impairment of any kind that has interfered with your ability to read and understand the meaning of this Agreement or its terms, and that you are not acting under the influence of any medication, drug or chemical of any type in entering into this Agreement; (c) Are specifically agreeing to the terms of the release contained in th...is Agreement because the Company has agreed to pay you the Consideration, which the Company has agreed to provide because of your agreement to accept it in full settlement of all possible claims you might have or ever had, and because of your execution of this Agreement; (d) Acknowledge that but for your execution of this Agreement, you would -3- not be entitled to the Consideration; (e) Understand that, by entering into this Agreement, you do not waive rights or claims under ADEA that may arise after the date you execute this Agreement; (f) Had or could have the entire Review Period in which to review and consider this Agreement, and that if you execute this Agreement prior to the expiration of the Review Period, you have voluntarily and knowingly waived the remainder of the Review Period; (g) Were advised to consult with your attorney regarding the terms and effect of this Agreement; and (h) Have signed this Agreement knowingly and voluntarily. View More

Knowing and Voluntary Waiver. Executive acknowledges that Executive has had an opportunity to review all aspects of this Agreement, the Company is advising and has advised Executive in writing (i.e., through this Agreement) to consult with an attorney of Executive's own choosing at Executive's cost, regarding the effect of this Agreement, and Executive has had a reasonable opportunity to do so, if so desired. Executive understands it is Executive's choice whether or not to enter into this Agreement and that Executive's decis...ion to do so is voluntary and is made knowingly. Executive acknowledges and understands that this Agreement specifically releases and waives all rights and claims Executive may have under the Age Discrimination in Employment Act ("ADEA") prior to the date on which Executive signs this Agreement. Furthermore, Executive acknowledges that the promises and benefits provided for in Section 2 of this Agreement will be delayed until this Agreement and Exhibit B becomes effective, enforceable and irrevocable.17. Time for Consideration. Executive has knowingly and voluntarily entered into this Agreement, and acknowledges that Executive has been given a period of twenty-one (21) days from the date Executive received this Agreement to review and consider this Agreement before executing it. Executive understands that Executive has the right to use as much or as little of the twenty-one (21) day period as Executive wishes before executing this Agreement. Accordingly, Executive understands Executive may execute this Agreement as soon as Executive wishes to execute it within the twenty-one (21) day period. The signed Agreement must be returned to the Company, ATTN: Cara McDaniel, 2000 McKinney Ave., Suite 700, Dallas, TX 75201, before the end of such twenty-one (21) day period. Executive further understands that Executive may revoke this Agreement within seven (7) days after signing it, in which case this Agreement and the obligations herein, as well as Executive's entitlement to receive the Cash Award, are null and void. Revocation is only effective if Executive delivers a written notice of revocation to the Company, ATTN: Cara McDaniel, 2000 McKinney Ave., Suite 700, Dallas, TX 75201, within seven (7) days after executing the Agreement. Executive understands that the Company's obligations under this Agreement do not become effective until after the seven (7) day revocation period has expired. This Agreement will become effective, enforceable and irrevocable on the eighth (8th) day after the date on which it is executed by Executive (the "Effective Date"). View More

Knowing and Voluntary Waiver. The Employee expressly acknowledges and agrees that he – (a) Is able to read the language, and understand the meaning and effect, of this Agreement; (b) Has no physical or mental impairment of any kind that has interfered with his ability to read and understand the meaning of this Agreement or its terms, and that he is not acting under the influence of any medication, drug, or chemical of any type in entering into this Agreement; (c) Is specifically agreeing to the terms of the release contained... in this Agreement because the Company has agreed to provide him with the severance payments and benefits provided by this Agreement; (d) Acknowledges that, but for his execution of this Agreement, he would not be entitled to the severance payments and benefits provided by this Agreement; (e) Had or could have had until the Offer Expiration Date to review and consider this Agreement, and that if he executes this Agreement prior to the Offer Expiration Date, he has voluntarily and knowingly waived the remainder of the review period; (f) Have or had the entire Revocation Period (as defined in Section 6 below) in which to revoke his execution of this Agreement, and that if he does not revoke such execution prior to the Effective Date, he has knowingly and voluntarily agreed to this Agreement's becoming effective; (g) Was advised to consult with his attorney regarding the terms and effect of this Agreement; and (h) Has signed this Agreement knowingly and voluntarily. View More

Knowing and Voluntary Waiver. Executive acknowledges that he has carefully reviewed this Agreement and that he enters into it knowingly and voluntarily. Executive understands and acknowledges that the release provided in this Agreement is in exchange for consideration that is in addition to anything to which Executive is already entitled and that, by this Section, the Company has advised Executive to consult with an attorney of his choosing prior to executing this Agreement. Executive acknowledges that neither the Company, i...ts affiliates and subsidiaries, nor any of their employees, representatives or attorneys have made any representations or promises concerning the terms or effects of this Agreement other than those contained herein. -4- 12. Consideration Period; Right to Revoke Agreement; Effective Date. Executive acknowledges that he has been given a period of at least 21 days within which to consider the Agreement, and the Parties agree that any changes to this Agreement, whether material or immaterial, have not re-started the running of this period. Executive may revoke or cancel this Agreement within seven days after his execution of it by notifying the Company of his desire to do so in writing delivered to Vice President, Human Resources at 1050 Buckingham Street, Watertown, CT 06795 within the seven-day period. Executive understands and agrees that this Agreement shall be void and of no effect if he revokes this Agreement. This Agreement shall be effective on the eighth day after Executive's execution of the Agreement, assuming that he has not first revoked the Agreement. View More

Knowing and Voluntary Waiver. Executive, by Executive's free and voluntary act of signing below, (a) acknowledges that Executive has been given a period of 21 days to consider whether to agree to the terms contained herein, (b) acknowledges that Executive has been advised in writing to consult with an attorney prior to executing this Agreement, (c) acknowledges that Executive understands that this Agreement specifically releases and waives all rights and Claims Executive may have under the Age Discrimination in Employment Ac...t, as amended ("ADEA") prior to the date on which Executive signs this Agreement, and (d) agrees to all of the terms of this Agreement and intends to be legally bound thereby. Furthermore, TRANSITION AGREEMENT AND RELEASE Page 7 Executive acknowledges that he is not entitled to the promises and benefits, including, without limitation, the Severance Payment and accelerated vesting of restricted stock provided for in Paragraph 2 of this Agreement until this Agreement and the Release of Claims in Exhibit A have become effective, enforceable and irrevocable. This Agreement will become effective, enforceable and irrevocable on the eighth (8th) day after the date on which it is executed by Executive (the "Effective Date"). During the seven-day period prior to the Effective Date, Executive may revoke his agreement to release claims under this Agreement by expressly indicating in writing to the Company, Attention: Allen Tubb, his intention to revoke this Agreement. If Executive exercises his right to revoke hereunder, Executive shall forfeit his right to receive the Severance Payment, the accelerated vesting of restricted stock and other benefits provided for herein, and to the extent such payments or benefits have already been made, Executive agrees that he will immediately reimburse the Company for the amounts of such benefits. View More