A WAIVER OF ANY OTHER THEN EXISTING OR SUBSEQUENT BREACH OF A
DIFFERENT COVENANT, TERM, OR PROVISION.
18.
BY EXECUTING THIS AGREEMENT, EMPLOYEE ACKNOWLEDGES THAT (A) THIS
AGREEMENT HAS BEEN REVIEWED WITH HIM BY A REPRESENTATIVE OF ZALE; (B) HE HAS HAD
AT LEAST TWENTY-ONE (21) DAYS TO CONSIDER THE TERMS OF THIS AGREEMENT AND HAS
CONSIDERED ITS TERMS FOR THAT PERIOD OF TIME OR HAS KNOWINGLY AND VOLUNTARILY
WAIVED HIS RIGHT TO DO SO; (C) HE HAS BEEN ADVISED BY ZALE TO CONSULT WITH AN
ATTORNEY REGARDING THE TERMS OF THIS AGREEMENT; (D) HE HAS CONSULTED WITH AN
ATTORNEY OF HIS OWN CHOOSING REGARDING THE TERMS OF THIS AGREEMENT; (E) ANY AND
ALL QUESTIONS REGARDING THE TERMS OF THIS AGREEMENT HAVE BEEN ASKED AND ANSWERED
TO HIS COMPLETE SATISFACTION; (F) HE HAS READ THIS AGREEMENT AND FULLY
UNDERSTANDS ITS TERMS AND THEIR IMPORT; (G) EXCEPT AS PROVIDED BY THIS
AGREEMENT, HE HAS NO CONTRACTUAL RIGHT OR CLAIM TO THE BENEFITS DESCRIBED
HEREIN; (H) THE CONSIDERATION PROVIDED FOR HEREIN IS GOOD AND VALUABLE; AND
(I) HE IS ENTERING INTO THIS AGREEMENT VOLUNTARILY, OF HIS OWN FREE WILL, AND
WITHOUT ANY COERCION, UNDUE INFLUENCE, THREAT, OR INTIMIDATION OF ANY KIND OR
TYPE WHATSOEVER.
19.
BY EXECUTING THIS AGREEMENT, EMPLOYEE ACKNOWLEDGES THAT HE (I) IS
NOT RELYING UPON ANY STATEMENTS, UNDERSTANDINGS, REPRESENTATIONS, EXPECTATIONS,
OR AGREEMENTS OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT;
(II) HAS
MADE HIS OWN INVESTIGATION OF THE FACTS AND IS RELYING SOLELY UPON HIS OWN
KNOWLEDGE AND THE ADVICE OF HIS OWN LEGAL COUNSEL; AND (III) KNOWINGLY WAIVES
ANY CLAIM THAT THIS AGREEMENT WAS INDUCED BY ANY MISREPRESENTATION OR
NONDISCLOSURE AND ANY RIGHT TO RESCIND OR AVOID THIS AGREEMENT BASED UPON
PRESENTLY EXISTING FACTS, KNOWN OR UNKNOWN.
THE PARTIES STIPULATE THAT EACH
PARTY IS RELYING UPON THESE REPRESENTATIONS AND WARRANTIES IN ENTERING INTO THIS
AGREEMENT.
THESE REPRESENTATIONS AND WARRANTIES SHALL SURVIVE THE EXECUTION OF
THIS AGREEMENT.
20.
EMPLOYEE MAY REVOKE THIS AGREEMENT, IN WRITING, BY HAND DELIVERED
NOTICE TO ZALE'S SENIOR VICE PRESIDENT OF HUMAN RESOURCES, MARY ANN DORAN,
WITHIN SEVEN (7) DAYS OF THE DATE OF EMPLOYEE'S EXECUTION OF THIS AGREEMENT, AND
THE AGREEMENT SHALL NOT BECOME EFFECTIVE AND ENFORCEABLE UNTIL SUCH PERIOD HAS
EXPIRED (THE "REVOCATION PERIOD").
EMPLOYEE ACKNOWLEDGES AND AGREES THAT HE
WILL NOT RECEIVE THE BENEFITS PROVIDED BY THIS AGREEMENT IF HE REVOKES THIS
AGREEMENT.
EMPLOYEE ALSO ACKNOWLEDGES AND AGREES THAT IF ZALE HAS NOT RECEIVED
HIS NOTICE OF REVOCATION OF THIS AGREEMENT PRIOR TO THE EXPIRATION OF THE
REVOCATION PERIOD, EMPLOYEE WILL HAVE FOREVER WAIVED HIS RIGHT TO REVOKE THIS
AGREEMENT, AND THIS AGREEMENT SHALL THEREAFTER BE ENFORCEABLE AND HAVE FULL
FORCE AND EFFECT.
21.
ANY TERM OR PROVISION OF THIS AGREEMENT WHICH MUST SURVIVE THE
TERMINATION OF THIS AGREEMENT IN ORDER TO BE EFFECTIVE SHALL SO SURVIVE SUCH
TERMINATION.
22.
THIS AGREEMENT IS BEING PROVIDED TO EMPLOYEE PURSUANT TO THE
REQUIREMENT, AS SET FORTH IN SECTION 8 OF THE EMPLOYMENT AGREEMENT, THAT IN
ORDER TO BE ENTITLED TO SEVERANCE AND OTHER