- YOU ACKNOWLEDGE THAT YOU HAVE BEEN GIVEN AT
LEAST TWENTY-ONE (21) DAYS TO CONSIDER THIS LETTER AGREEMENT, INCLUDING
ATTACHMENT A, AND THAT THE COMPANY ADVISED YOU TO CONSULT WITH AN ATTORNEY OF
YOUR OWN CHOOSING PRIOR TO SIGNING THIS LETTER AGREEMENT.
YOU UNDERSTAND THAT
YOU MAY REVOKE THIS LETTER AGREEMENT FOR A PERIOD OF SEVEN (7) DAYS AFTER YOU
SIGN THIS LETTER AGREEMENT, AND THE LETTER AGREEMENT SHALL NOT BE EFFECTIVE OR
ENFORCEABLE UNTIL THE EXPIRATION OF THIS SEVEN (7) DAY REVOCATION PERIOD.
YOU
UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS LETTER AGREEMENT YOU ARE WAIVING
ANY AND ALL RIGHTS OR CLAIMS YOU MIGHT HAVE UNDER THE AGE DISCRIMINATION IN
EMPLOYMENT ACT, AS AMENDED BY THE OLDER WORKERS BENEFIT PROTECTION ACT, AND THAT
YOU HAVE RECEIVED CONSIDERATION BEYOND THAT TO WHICH YOU WERE PREVIOUSLY
ENTITLED.
4
16.
VOLUNTARY ASSENT - YOU AFFIRM THAT NO OTHER PROMISES OR AGREEMENTS
OF ANY KIND HAVE BEEN MADE TO OR WITH YOU BY ANY PERSON OR ENTITY WHATSOEVER TO
CAUSE YOU TO SIGN THIS LETTER AGREEMENT, AND THAT YOU FULLY UNDERSTAND THE
MEANING AND INTENT OF THIS LETTER AGREEMENT.
YOU STATE AND REPRESENT THAT YOU
HAVE HAD AN OPPORTUNITY TO FULLY DISCUSS AND REVIEW THE TERMS OF THIS LETTER
AGREEMENT WITH AN ATTORNEY.
YOU FURTHER STATE AND REPRESENT THAT YOU HAVE
CAREFULLY READ THIS LETTER AGREEMENT, INCLUDING ATTACHMENT A, UNDERSTAND THE
CONTENTS HEREIN, FREELY AND VOLUNTARILY ASSENT TO ALL OF THE TERMS AND
CONDITIONS HEREOF, AND SIGN YOUR NAME OF YOUR OWN FREE ACT.
17.
APPLICABLE LAW - THIS LETTER AGREEMENT SHALL BE INTERPRETED AND
CONSTRUED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REGARD TO
CONFLICT OF LAWS PROVISIONS.
YOU HEREBY IRREVOCABLY SUBMIT TO AND ACKNOWLEDGE
AND RECOGNIZE THE JURISDICTION OF THE COURTS OF THE COMMONWEALTH OF
MASSACHUSETTS, OR IF APPROPRIATE, A FEDERAL COURT LOCATED IN MASSACHUSETTS
(WHICH COURTS, FOR PURPOSES OF THIS LETTER AGREEMENT, ARE THE ONLY COURTS OF
COMPETENT JURISDICTION), OVER ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT
OF, UNDER OR IN CONNECTION WITH THIS LETTER AGREEMENT OR THE SUBJECT MATTER
HEREOF.
18.
ENTIRE AGREEMENT - THIS LETTER AGREEMENT, INCLUDING ATTACHMENT A,
CONTAINS AND CONSTITUTES THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE
PARTIES HERETO WITH RESPECT TO YOUR SEVERANCE BENEFITS AND THE SETTLEMENT OF
CLAIMS AGAINST THE COMPANY AND CANCELS ALL PREVIOUS ORAL AND WRITTEN
NEGOTIATIONS, AGREEMENTS, COMMITMENTS AND WRITINGS IN CONNECTION THEREWITH.
NOTHING IN THIS PARAGRAPH, HOWEVER, SHALL MODIFY, CANCEL OR SUPERSEDE YOUR
OBLIGATIONS SET FORTH IN PARAGRAPH 4 HEREIN.
If you have any questions about the matters covered in this letter agreement,
please call me at (617) 638-2079.
Very truly yours,
The First Marblehead Education Resources, Inc.
By:
/s/ Robin Camara
Robin Camara
Senior Vice President, Human Resources
I hereby agree to the terms and conditions set forth above and in the attached
Description of Severance Benefits.
I have been given at least twenty-one (21)
days to consider this letter agreement and I have chosen to execute this on the
date below.
I intend