YOU HAVE
SEVEN (7) DAYS FOLLOWING THE DATE YOU SIGN THIS AGREEMENT DURING WHICH TO REVOKE
IT, BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO MAGGIE FEENEY, CACHE, INC.,
1440 BROADWAY, 5TH FLOOR, NEW YORK, NY, 10018.
TO BE EFFECTIVE, SUCH REVOCATION
MUST BE RECEIVED BY MAGGIE FEENEY NO LATER THAN 11:59 P.M. (NEW YORK CITY TIME)
ON THE SEVENTH (7TH) CALENDAR DAY FOLLOWING YOUR EXECUTION THIS AGREEMENT.
PROVIDED THAT IT IS NOT REVOKED, THIS AGREEMENT WILL BE EFFECTIVE ON THE EIGHTH
(8TH) DAY FOLLOWING THE COMPANY'S RECEIPT OF THE VALID AGREEMENT SIGNED BY YOU
(THE "EFFECTIVE DATE").
(B)
YOU ACKNOWLEDGE THAT THE COMPANY HAS PROVIDED YOU WITH AT LEAST TWENTY-ONE
(21) DAYS FROM THE DATE UPON WHICH THIS AGREEMENT IS DELIVERED TO YOU WITHIN
WHICH TO CONSIDER THE TERMS AND EFFECT OF THIS AGREEMENT.
YOU AGREE THAT ANY
CHANGES MADE TO THE AGREEMENT FROM
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THE TIME IT WAS FIRST OFFERED TO YOU, WHETHER MATERIAL OR IMMATERIAL, DO NOT
RESTART THE RUNNING OF THE 21-DAY PERIOD.
IF YOU ELECT TO EXECUTE THIS
AGREEMENT BEFORE THE EXPIRATION OF THE 21-DAY PERIOD, YOU ACKNOWLEDGE THAT YOU
HAVE CHOSEN, OF YOUR OWN FREE WILL WITHOUT ANY DURESS, TO WAIVE YOUR RIGHT TO
THE FULL TWENTY-ONE (21) DAYS.
(C)
THE COMPANY HEREBY ADVISES YOU TO CONSULT WITH AN ATTORNEY PRIOR TO
SIGNING THIS AGREEMENT.
11.
ACKNOWLEDGEMENTS.
BY SIGNING THIS AGREEMENT, IT IS
ACKNOWLEDGED THAT:
(A)
THE PARTIES HAVE READ THIS AGREEMENT;
(B)
YOU UNDERSTAND AND KNOW THAT YOU ARE GIVING UP IMPORTANT RIGHTS, INCLUDING
BUT NOT LIMITED TO RIGHTS UNDER THE ACTS, STATUTES, CODES, ORDINANCES, RULES AND
LAWS SET FORTH IN PARAGRAPH 4(A) OF THIS AGREEMENT, AND ANY OTHER
CONSTITUTIONAL, STATUTORY COMMON LAW RIGHTS AND PRIVILEGES;
(C)
YOU UNDERSTAND THAT AS A RESULT OF ENTERING INTO THIS AGREEMENT YOU WILL
NOT HAVE THE RIGHT TO ASSERT THAT THE COMPANY UNLAWFULLY TERMINATED YOUR
EMPLOYMENT OR VIOLATED ANY RIGHTS IN CONNECTION WITH YOUR EMPLOYMENT;
(D)
EXCEPT AS SET FORTH HEREIN, NO PROMISES OR INDUCEMENTS FOR THIS AGREEMENT
HAVE BEEN MADE, AND THE PARTIES ARE ENTERING INTO THIS AGREEMENT WITHOUT
RELIANCE UPON ANY STATEMENT OR REPRESENTATION BY ANY OF THE PARTIES OR ANY OTHER
PERSON, CONCERNING ANY FACT MATERIAL HERETO;
(E)
THE PARTIES AGREE TO EVERYTHING CONTAINED IN THIS AGREEMENT; AND
(F)
YOU ARE SIGNING THIS AGREEMENT KNOWINGLY, VOLUNTARILY, AND FREE OF ANY
DURESS.
12.
SEVERABILITY.
IT IS THE INTENT OF THE PARTIES THAT THE
PROVISIONS OF THIS AGREEMENT BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY
LAW.
IN CASE ANY PROVISION OF THIS AGREEMENT SHALL BE DECLARED BY AN ARBITRATOR
OR A COURT OF COMPETENT JURISDICTION TO BE INVALID, ILLEGAL OR UNENFORCEABLE AS
WRITTEN, THE PARTIES AGREE THAT THE COURT SHALL MODIFY AND REFORM SUCH PROVISION
TO PERMIT ENFORCEMENT TO THE GREATEST EXTENT PERMITTED BY LAW.
IN ADDITION, IF
ANY PROVISION OF THIS AGREEMENT SHALL BE DECLARED INVALID, ILLEGAL OR
UNENFORCEABLE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE REMAINING
PROVISIONS OF THIS AGREEMENT SHALL IN NO WAY BE AFFECTED OR IMPAIRED THEREBY.
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