ACKNOWLEDGEMENTS BY EMPLOYEE Clause Samples
The "Acknowledgements by Employee" clause serves to confirm that the employee has read, understood, and agrees to the terms and conditions outlined in the employment agreement or related documents. Typically, this clause requires the employee to acknowledge receipt of important policies, such as confidentiality, workplace conduct, or company procedures, and may require a signature or written confirmation. Its core practical function is to ensure that the employer has clear evidence that the employee is aware of and consents to the obligations and expectations set forth, thereby reducing the risk of future disputes over whether the employee was informed of key terms.
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ACKNOWLEDGEMENTS BY EMPLOYEE. Employee acknowledges he may be removed as an officer of the Operating Partnership, the General Partner or Crescent in accordance with applicable law; if such event occurs while the Option is not fully vested, Section 6 herein shall govern the full or partial forfeiture of the Option. Employee agrees that no duty of good faith or fair dealing shall be read into this Agreement against the Operating Partnership, the General Partner or Crescent. Employee understands and intends that this Agreement does not create a partnership or joint venture between Employee and the Operating Partnership.
ACKNOWLEDGEMENTS BY EMPLOYEE. 4.1 Employee acknowledges that he or she is subject to, and will continue to abide by, all surviving provisions of the Retention Agreement, including, without limitation, the covenants regarding confidentiality, non-solicitation and non-disparagement set forth in Section 11 of the Retention Agreement (the “Covenants”), all of which are incorporated herein by reference as if set forth herein in their entirety. Nothing in this Agreement is intended to modify, supersede or replace any provision, right or obligation of Employee under the Covenants.
4.2 Employee acknowledges that he or she has been paid all wages, commissions, incentive payments, and bonuses owed to him or her by Employer, to date.
ACKNOWLEDGEMENTS BY EMPLOYEE. Employee acknowledges that: (a) the services to be performed by him under this Agreement are of a special, unique, and intellectual character; (b) Company's business is national in scope and its services are marketed throughout the United States; and (c) Company competes with other businesses that are or could be located in any part of the United States.
ACKNOWLEDGEMENTS BY EMPLOYEE. Employee acknowledges and agrees that Employee has read this Release in its entirety and that this Release is a general release of all known and unknown Claims. Employee further acknowledges and agrees that:
(i) this Release does not release, waive or discharge any rights or Claims that may arise for actions or omissions after the Effective Date of this Release and Employee acknowledges that he is not releasing, waiving or discharging any ADEA Claims that may arise after the Effective Date of this Release;
(ii) Employee is entering into this Release and releasing, waiving and discharging rights or Claims only in exchange for consideration which Employee is not already entitled to receive;
(iii) Employee has been advised, and is being advised by the Release, to consult with an attorney before executing this Release; Employee acknowledges that Employee has consulted with counsel of Employee’s choice concerning the terms and conditions of this Release;
(iv) Employee has been advised, and is being advised by this Release, that Employee has been given at least [twenty-one (21)] [forty-five (45)] days within which to consider the Release, but Employee can execute this Release at any time prior to the expiration of such review period; [and]
(v) [Because this Release includes a release of claims under ADEA, Employee is being provided with the information contained in Schedule 1 hereto in accordance with the OWBPA; and]
(vi) Employee is aware that this Release shall become null and void if Employee revokes Employee’s agreement to this Release within seven (7) days following the date of execution of this Release. Employee may revoke this Release at any time during such seven-day period by delivering (or causing to be delivered) to Employer written notice of Employee’s revocation of this Release no later than 5:00 p.m. Central time on the seventh (7th) full day following the date of execution of this Release (the “Effective Date”). Employee agrees and acknowledges that a letter of revocation that is not received by such date and time will be invalid and will not revoke this Release.
ACKNOWLEDGEMENTS BY EMPLOYEE. The Employee acknowledges that:
(a) the Company is presently engaged in the development of computer software and the sale of products and services based upon such software, primarily aimed at Internet and electronic commerce applications;
(b) his services to the Company are special and unique and that he has significant responsibilities in connection with the Company, its business and affairs;
(c) his work for the Company gives him access to trade secrets of and confidential information concerning the Company and its affiliates ("Confidential Information") which Confidential Information includes, without limitation: trade secrets; know-how; marketing plans; cost figures; client lists; names and addresses of suppliers and business contacts; software and operating systems; and information relating to employees and other persons in a contractual relationship with the Company;
(d) the business of the Company is national and international in scope;
(e) a primary purpose of this Agreement is to evidence the agreements between the Employee and the Company contained in Articles 5, 6 and 7 hereof; and
(f) the agreements contained in Articles 5,6 and 7 hereof are reasonable and essential to protect the business and goodwill of the Company and its business.
ACKNOWLEDGEMENTS BY EMPLOYEE. Employee acknowledges and agrees that Employee has read this Release in its entirety and that this Release is a general release of all known and unknown Claims with respect to Released Matters. Employee further acknowledges and agrees that:
a. this Release does not release, waive or discharge any rights or Claims that may arise for actions or omissions after the Effective Date of this Release and Employee acknowledges that he is not releasing, waiving or discharging any ADEA Claims that may arise after the Effective Date of this Release;
b. Employee is entering into this Release and releasing, waiving and discharging rights or Claims only in exchange for consideration which he is not already entitled to receive;
c. Employee’s receipt of the Excess Severance Payments is subject to the terms and conditions set forth in Section 1.5 of the PSA (and, for the avoidance of doubt, the non-occurrence of any of the events set forth in Section 1.5(b) of the PSA that by their terms would terminate QCP’s obligation to pay such Excess Severance Payments pursuant to Section 1.5(b) of the PSA);
d. Employee has been advised, and is being advised by the Release, to consult with an attorney before executing this Release; Employee acknowledges that he has consulted with counsel of his choice concerning the terms and conditions of this Release; and
e. Employee has been advised, and is being advised by this Release, that he has been given at least twenty-one (21) days within which to consider the Release, but Employee can execute this Release at any time prior to the expiration of such review period.
ACKNOWLEDGEMENTS BY EMPLOYEE. The Employee acknowledges that his position with the Company will require the performance of services which are special, unique, extraordinary and of an intellectual character and places and will continue to place him in a position of confidence and trust with the Customers of the Company. The Employee further acknowledges that his performance of services for the Company necessarily requires the disclosure to the Employee of confidential information and trade secrets of the Company. The Employee also acknowledges that he has developed prior to the date hereof, as an employee and stockholder of Advanced Digital Services, Inc., a New York corporation ("ADSI-NY") which merged with and into the Company pursuant to a Plan and Agreement of Merger dated July 31, 1997 among ADSI-NY, KDTI, the Company, under its former name Katz ▇▇▇ital Acquisition Inc., and the shareholders of ADSI-NY (the "Merger Agreement") concurrently with the execution and delivery of this Agreement, a personal acquaintance and relationship with Customers of ADSI-NY and that he will continue to develop such relationships with such Customers as an employee of the Company. The Employee also acknowledges that in the course of his employment by the Company he will develop a personal acquaintanceship and relationship with other
ACKNOWLEDGEMENTS BY EMPLOYEE. Employee acknowledges that by virtue of his position with the Company he or she has developed considerable expertise in the business operations of the Company and has had extensive access to trade secrets and other confidential information of the Company. Employee recognizes that Parent would be irreparably damaged, and its substantial investment in the Company materially impaired, if Employee were to enter into an activity competing with the business of Parent, the Company (or any subsidiary, successor or acquiror of Parent or the
ACKNOWLEDGEMENTS BY EMPLOYEE. Employee acknowledges and agrees that Employee has read this Release in its entirety and that this Release is a general release of all known and unknown Claims. Employee further acknowledges and agrees that:
ACKNOWLEDGEMENTS BY EMPLOYEE. 4.1 Employee acknowledges that he has read and signed, and will continue to abide by, Employer’s Employee Innovations and Proprietary Rights Assignment Agreement executed by Employee on July 15, 2009 and the Confidentiality Agreement, executed by Employee on April 30, 2007 (the “Proprietary Rights Agreements”) which are incorporated herein by reference as if set forth herein in its entirety. Nothing in this Agreement is intended to modify, supersede or replace any provision, right or obligation of the Proprietary Rights Agreements.
4.2 Employee acknowledges that he has been paid all wages, commissions, incentive payments, and bonuses owed to him by Employer, to date.