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.
13.
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
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PARAGRAPH 5(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)
THE PARTIES ARE SIGNING THIS AGREEMENT KNOWINGLY, VOLUNTARILY, AND FREE
OF ANY DURESS.
14.
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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If this Agreement is acceptable to you, please sign it and return it to Maggie
Feeney within time frame specified in Paragraph 12.
Sincerely yours,
/s/ Thomas E. Reinckens
Thomas E. Reinckens
Chief Executive Officer
Agreed and Accepted on this 23 day of Sept. 2009
/s/ Adrienne Kantor
Adrienne Kantor
Adrienne Victoria, Inc.
By:
/s/ Adrienne Kantor
Name: Adrienne Kantor
Title: President
Adrienne Victoria Designs, Inc.
By:
/s/ Adrienne Kantor
Name: Adrienne Kantor
Title: President
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