REGARDING THE MEANING AND EFFECT OF THIS AGREEMENT.
B.
EMPLOYEE ALSO UNDERSTANDS THAT HE HAS A
PERIOD OF AT LEAST FORTY-FIVE (45) CALENDAR DAYS FROM THE DATE ON WHICH HE
RECEIVES AN UNSIGNED COPY OF THIS AGREEMENT IN WHICH TO CONSIDER WHETHER OR NOT
TO SIGN THIS AGREEMENT AND THAT, HAVING BEEN ADVISED OF THAT ENTITLEMENT, HE MAY
ELECT TO SIGN THIS AGREEMENT AT ANY TIME PRIOR TO THE EXPIRATION OF THAT TIME
PERIOD.
EMPLOYEE UNDERSTANDS THAT ANY REVISIONS TO THIS THAT ARE NOT MATERIAL
WILL NOT RESTART THE FORTY-FIVE DAY PERIOD.
HOWEVER, EMPLOYEE UNDERSTANDS THAT
HE SHALL NOT EXECUTE THIS AGREEMENT AT ANY TIME BEFORE THE SEPARATION DATE.
C.
EMPLOYEE UNDERSTANDS THAT HE MAY RESCIND
(THAT IS, CANCEL) WITHIN SEVEN (7) CALENDAR DAYS OF SIGNING THE AGREEMENT THE
PROVISIONS OF SECTION 4.A. OF THIS AGREEMENT WITH RESPECT TO CLAIMS ARISING
UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT (THE "RESCISSION PERIOD").
TO BE
EFFECTIVE, RESCISSION MUST BE IN WRITING, DELIVERED TO COMPANY AT
, ATTN:
, WITHIN THE RESCISSION
PERIOD, OR SENT TO COMPANY, AT SUCH ADDRESS, BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, POSTMARKED WITHIN THE APPLICABLE RESCISSION PERIOD.
6.
CANCELLATION OF AGREEMENT BY COMPANY.
IF EMPLOYEE EXERCISES HIS RIGHT OF RESCISSION UNDER SECTION 5.C. OF THIS
AGREEMENT, COMPANY WILL HAVE THE RIGHT, EXERCISABLE BY WRITTEN NOTICE
3
DELIVERED TO EMPLOYEE, TO TERMINATE THIS AGREEMENT IN ITS ENTIRETY, IN WHICH
EVENT COMPANY WILL HAVE NO OBLIGATION WHATSOEVER TO EMPLOYEE HEREUNDER.
IF
EMPLOYEE EXERCISES HIS RIGHT OF RESCISSION UNDER SECTION 5.C. OF THIS AGREEMENT,
AND COMPANY DOES NOT EXERCISE ITS RIGHT TO TERMINATE THIS AGREEMENT HEREUNDER,
THE REMAINING PROVISIONS OF THIS AGREEMENT (INCLUDING SPECIFICALLY THE REMAINING
PROVISIONS OF SECTION 4 OF THIS AGREEMENT) SHALL REMAIN VALID AND CONTINUE IN
FULL FORCE AND EFFECT.
7.
PERFORMANCE BY EMPLOYEE.
NOTHING
CONTAINED HEREIN SHALL OPERATE AS A WAIVER OR AN ELECTION OF REMEDIES BY COMPANY
SHOULD EMPLOYEE FAIL TO PERFORM ANY DUTY OR OBLIGATION IMPOSED UPON HIM
HEREUNDER.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THIS
AGREEMENT AND THE DUTIES AND OBLIGATIONS OF EMPLOYEE HEREUNDER SHALL CONTINUE IN
FULL FORCE AND EFFECT IRRESPECTIVE OF ANY VIOLATION OF ANY TERM OR PROVISION OF
THIS AGREEMENT BY EMPLOYEE.
8.
NO ADMISSION OF LIABILITY.
THE PARTIES
AGREE THAT THIS AGREEMENT SHALL NOT BE CONSIDERED AN ADMISSION OF LIABILITY BY
COMPANY.
COMPANY EXPRESSLY DENIES THAT IT IS IN ANY WAY LIABLE TO EMPLOYEE OR
THAT IT HAS ENGAGED IN ANY WRONGDOING WITH RESPECT TO EMPLOYEE.
9.
EMPLOYEE ACKNOWLEDGMENTS.
EMPLOYEE
ACKNOWLEDGES AND REPRESENTS THAT:
(A) HE HAS READ THIS AGREEMENT AND
UNDERSTANDS ITS CONSEQUENCES; (B) HE HAS RECEIVED ADEQUATE OPPORTUNITY TO READ
AND CONSIDER THIS AGREEMENT; (C) HE HAS DETERMINED TO EXECUTE THIS AGREEMENT OF
HIS OWN FREE WILL AND ACKNOWLEDGES THAT HE HAS NOT RELIED UPON ANY STATEMENTS OR
EXPLANATIONS MADE BY COMPANY REGARDING THIS AGREEMENT; AND (D) THE PROMISES OF
COMPANY MADE IN THIS AGREEMENT CONSTITUTE FAIR AND ADEQUATE CONSIDERATION FOR
THE PROMISES, RELEASES AND AGREEMENTS MADE BY EMPLOYEE IN THIS AGREEMENT.
10.
ENTIRE AGREEMENT.
THIS