and Release, the
Releasors are waiving any right to recover monetary damages or any other form of
personal relief in connection with any such charge, action, investigation or
proceeding. To the extent the Releasors receive any personal or monetary relief
in connection with any such charge, action, investigation or proceeding, the
Company will be entitled to an offset for the payments made pursuant to the
Separation Agreement.
By signing this Waiver and Release I acknowledge that I have read this Waiver
and Release carefully and understand all of its terms. Further, I acknowledge
that I am entering into this Waiver and Release voluntarily and of my own free
will. In signing this Waiver and Release, I acknowledge that I have not relied
on any statements or explanations made by anyone associated with or employed by
the Group.
I UNDERSTAND THAT I HAVE FOURTEEN (14) DAYS FROM MY TERMINATION DATE TO CONSIDER
WHETHER TO SIGN THIS WAIVER AND RELEASE. I WILL HAVE SEVEN (7) DAYS AFTER
SIGNING THIS WAIVER AND RELEASE ("REVOCATION PERIOD") TO REVOKE THIS WAIVER AND
RELEASE AND MY OBLIGATIONS UNDER IT. THE COMPANY'S OBLIGATIONS TO PROVIDE
SEVERANCE BENEFITS WILL NOT BECOME EFFECTIVE UNTIL AFTER THE REVOCATION PERIOD
HAS EXPIRED. MY REVOCATION WILL NOT BE EFFECTIVE UNLESS IT IS IN WRITING AND
SIGNED BY ME AND RECEIVED BY THE COMPANY PRIOR TO THE EXPIRATION OF THE
REVOCATION PERIOD. THE REVOCATION PERIOD COMMENCES IMMEDIATELY FOLLOWING THE
DATE I SIGN AND DELIVER THIS WAIVER AND RELEASE. THE REVOCATION PERIOD WILL
EXPIRE AT 5:00 P.M. EASTERN STANDARD TIME ON THE LAST DAY OF THE REVOCATION
PERIOD; PROVIDED, HOWEVER, THAT IF THE SEVENTH DAY IS A NON-BUSINESS DAY, THE
REVOCATION PERIOD SHALL EXTEND TO 5:00 P.M. ON THE NEXT SUCCEEDING BUSINESS DAY.
I UNDERSTAND THAT BECAUSE THIS WAIVER AND RELEASE IS AN IMPORTANT LEGAL DOCUMENT
AND AFFECTS MY LEGAL RIGHTS, THE COMPANY ADVISES ME TO CONSULT AN ATTORNEY
BEFORE SIGNING THIS WAIVER AND RELEASE.
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I ACKNOWLEDGE THAT I HAVE READ THIS WAIVER AND RELEASE AND THAT I FULLY KNOW,
UNDERSTAND AND APPRECIATE ITS CONTENTS, AND THAT I HEREBY EXECUTE THE SAME AND
MAKE THIS WAIVER AND RELEASE AND AGREEMENTS PROVIDED FOR HEREIN VOLUNTARILY AND
OF MY OWN WILL.
AGREED AND ACCEPTED BY: Signature:
Dated:
Typed or printed name: JEFFREY BANKER
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