Acknowledgments and Affirmations. You affirm that you have not filed, caused to be filed, and are presently not a party to, any claim against the Company. You also affirm that, other than any payments or benefits set forth in this Agreement, you have been paid and/or have received all compensation, wages, bonuses, commissions, and/or benefits to which you may have been eligible or entitled. You affirm that you have been granted any leave to which you were entitled under the Family and Medical Leave Act or state or local leave or disability accommodation laws. You also affirm that you have no known workplace injuries or occupational diseases that are not the subject of pending Workers Compensation claims. You further affirm that you have not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. The Company and you both acknowledge that this Agreement does not limit either’s right, where applicable, to file a claim with or participate in an investigation or proceeding by the Equal Employment Opportunity Commission (EEOC) or any comparable federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies. You acknowledge and understand that nothing in this Agreement serves as a waiver of your rights under the applicable deferred compensation plans of the Company and equity, phantom equity and incentive compensation awards. [You further acknowledge and understand that the benefit you receive from your use of the discount card after your last day of employment, including but not limited to the value of the discount you receive, is considered taxable income under the current U.S. tax regulations, and that you — not the Company — shall be solely responsible for tracking, calculating, reporting and paying any taxes in connection with such income to the I.R.S. You further agree to indemnify and defend the Company in connection with any taxes or penalties the Company may incur or be assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)
Appears in 4 contracts
Sources: Executive Severance Agreement (Kate Spade & Co), Executive Severance Agreement (Kate Spade & Co), Executive Severance Agreement (Kate Spade & Co)
Acknowledgments and Affirmations. You affirm that you have not filed, caused to be filed, and are presently not a party to, any claim against the Company. You also affirm that, other than any payments or benefits set forth in this Agreement, you have been paid and/or have received all compensation, wages, bonuses, commissions, and/or benefits to which you may have been eligible or entitled. You affirm that you have been granted any leave to which you were entitled under the Family and Medical Leave Act or state or local leave or disability accommodation laws. You also affirm that you have no known workplace injuries or occupational diseases that are not the subject of pending Workers Compensation claims. You further affirm that you have not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. The Company and you both acknowledge that this Agreement does not limit either’s right, where applicable, to file a claim with or participate in an investigation or proceeding by the Equal Employment Opportunity Commission (EEOC) or any comparable federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies. You acknowledge and understand that nothing in this Agreement serves as a waiver of your rights under the applicable deferred compensation plans of the Company Company’s 401(k) Savings and Profit Sharing Plan, Supplemental Executive Retirement Plan (SERP) and equity, phantom equity and incentive compensation awards. [You further acknowledge and understand that the benefit you receive from your use of the discount card after your last day of employment, including but not limited to the value of the discount you receive, is considered taxable income under the current U.S. tax regulations, and that you — not the Company — shall be solely responsible for tracking, calculating, reporting and paying any taxes in connection with such income to the I.R.S. You further agree to indemnify and defend the Company in connection with any taxes or penalties the Company may incur or be assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)
Appears in 2 contracts
Sources: Employment Agreement (Fifth & Pacific Companies, Inc.), Employment Agreement (Fifth & Pacific Companies, Inc.)
Acknowledgments and Affirmations. You affirm Employee affirms that you have Employee has not filed, caused to be filed, and are or presently not is a party to, to any claim or administrative proceeding against the Company. You also affirm that, other than any payments or benefits set forth in this Agreement, you have been paid and/or have received all compensation, wages, bonuses, commissions, and/or benefits to which you may have been eligible or entitled. You affirm Employee affirms that you have Employee has been granted any leave to which you were Employee was entitled and requested under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. You also affirm Employee further affirms that you have Employee has no known workplace injuries or occupational diseases diseases. Employee also affirms that are Employee has not divulged any proprietary or confidential information of the subject Company and will continue to maintain the confidentiality of pending Workers Compensation claimssuch information consistent with the Company’s policies and Employee’s agreement(s) with the Company and/or common law. You Employee further affirm affirms that you have Employee has not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. The Company and you both Both parties acknowledge that this Agreement does not limit eithereither party’s right, where applicable, to file a claim with or participate in an investigation or investigative proceeding by the Equal Employment Opportunity Commission (EEOC) or of any comparable federal, state or local governmental agency. To the extent permitted by law, you agree Employee agrees that if such an administrative claim is made, you Employee shall not be entitled to recover any individual monetary relief or other individual remedies. You acknowledge Employee affirms that all the Company’s decisions regarding Employee’s pay and understand that nothing in benefits through the date of Employee’s execution of this Agreement serves as were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. Employee agrees that this Agreement is written in a waiver of your rights manner that enables him/her to fully understand its content and meaning. Employee agrees he is waiving and releasing claims (including those asserted under the applicable deferred compensation plans ADEA) in exchange for valuable consideration identified above that is in addition to anything of the Company and equity, phantom equity and incentive compensation awards. [You further acknowledge and understand that the benefit you receive from your use of the discount card after your last day of employment, including but not limited value to the value of the discount you receive, which he is considered taxable income under the current U.S. tax regulations, and that you — not the Company — shall be solely responsible for tracking, calculating, reporting and paying any taxes in connection with such income to the I.R.S. You further agree to indemnify and defend the Company in connection with any taxes or penalties the Company may incur or be assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)already entitled.
Appears in 2 contracts
Sources: Separation Agreement (vTv Therapeutics Inc.), Retirement Agreement (vTv Therapeutics Inc.)
Acknowledgments and Affirmations. You affirm a. Employee affirms that you have he has not filed, caused to be filed, and are presently is not a party to, to any claim filed against the Company. You Employer and has released any and all claims not explicitly preserved hereunder;
b. Employee affirms he has no known workplace injuries, diseases or occupational illnesses and further affirms that he is unaware of any facts that could be the basis for a claim of discrimination against the Employer;
c. Employee also affirm thataffirms that upon receipt of the consideration and amounts to be paid or provided to Employee as provided under Paragraphs 1, other than any payments or benefits set forth in this Agreement2 and 3 hereof, you he will have been paid and/or have received all compensation, wages, bonuses, commissions, and/or benefits to which you Employee may have been eligible be entitled based on services performed or entitledto be performed and Employee’s execution of this Agreement, subject to terms of this Agreement. You affirm Employee affirms that you have he has been granted any leave to which you were he was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. You also affirm that you have no known workplace injuries or occupational diseases that are not ;
d. Both the subject of pending Workers Compensation claims. You further affirm that you have not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. The Company Employer and you both Employee acknowledge that this Agreement does not limit eithereither party’s right, where applicable, to file a claim with or participate in an investigation or proceeding by the Equal Employment Opportunity Commission (EEOC) or any comparable federalinvestigative proceeding, state or local governmental agency. To to the extent permitted by law, you agree before the U.S. Equal Employment Opportunity Commission providing that if such an administrative claim is made, you Employee shall not be entitled to recover any individual monetary relief or other individual remedies. You acknowledge and understand ;
e. In the event that nothing in any claim is made by Employee that is not barred by this Agreement serves as and any remedy is provided upon such a waiver claim by Employee, all monies paid to Employee pursuant to Paragraphs 2 and 3 hereof shall be a set-off against and shall be used to satisfy any relief or recovery award to Employee, and if Employee files any claim of your rights any kind whatsoever, not explicitly preserved by Employee under the applicable deferred compensation plans this Agreement (excluding cross, counter or similar claims that he may bring in response to any claim brought against him by Getty), he shall return all of the Company consideration paid under Paragraphs 2 and equity, phantom equity 3 above and incentive compensation awards. [You further acknowledge and understand that shall pay the benefit you receive from your use reasonable cost of the discount card after your last day of employmentlegal fees incurred by Employer to defend that action, including but not limited subject to applicable law; and
f. Employee affirms that he will at the value end of the discount you receiveTransition Period or at such other time as directed by Getty, is considered taxable income under the current U.S. tax regulations, return all of Employer’s property and that you — not the Company — shall be solely responsible for tracking, calculating, reporting and paying any taxes in connection with such income to the I.R.S. You further agree to indemnify and defend the Company in connection with any taxes or penalties the Company may incur or be assessed by the I.R.S with respect to your use of such discount card after your last day of employmentequipment, including but not limited to any failure original or copies of any Company documents and information, regardless of the form, except as otherwise agreed by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)the Company’s then Chief Executive Officer.
Appears in 1 contract
Acknowledgments and Affirmations. You affirm (a) The Consultant affirms that you have not filed, caused to be filed, and are presently not a party to, any claim against he has been paid for all hours worked during his term of employment with the Company. You also affirm that, other than any payments or benefits set forth in this Agreement, you have been paid and/or have received all compensation, wages, bonuses, commissions, and/or benefits to which you may have been eligible or entitled. You affirm The Consultant affirms that you have he has been granted any leave to which you were he was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. You also affirm The Consultant affirms that you have all of the Company’s decisions regarding the pay and benefits through the date of the Consultant’s execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
(b) The Consultant affirms that he has no known workplace injuries or occupational diseases diseases.
(c) The Consultant affirms that are not the subject of pending Workers Compensation claims. You further affirm that you have he has not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud.
(d) The Consultant affirms that he does not have any current charge, claim or lawsuit against one or more of the Company Parties pending before any local, state or federal agency or court regarding his employment and the termination of his employment. The Company and you both acknowledge Consultant understands that nothing in this Agreement does not limit either’s right, where applicable, to file prevents him from filing a claim with charge or participate complaint or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”) or any comparable other federal, state or local governmental agencyagency charged with the enforcement of any employment or labor laws, although by signing this Agreement the Consultant is giving up any right to monetary recovery that is based on any of the claims he has released. To the extent permitted by law, you agree The Consultant also understands that if he files such an administrative claim is madea charge or complaint, you shall he has, as part of this Agreement, waived his right to receive any benefits beyond what Consultant receives pursuant to the Separation Agreement.
(e) The Consultant affirms that at the time of considering or executing this Agreement, the Consultant was not be entitled to recover any individual monetary relief affected or impaired by illness, use of alcohol, drugs or other individual remediessubstances or otherwise impaired. You acknowledge and understand that nothing in The Consultant is competent to execute this Agreement serves as a waiver of your rights under the applicable deferred compensation plans of and knowingly and voluntarily waives any and all claims he may have against the Company and equityParties. The Consultant certifies that he is not a party to any bankruptcy, phantom equity and incentive compensation awards. [You further acknowledge and understand that the benefit you receive from your use of the discount card after your last day of employmentlien, including but not limited creditor-debtor or other proceedings which would impair his right or ability to the value of the discount you receive, is considered taxable income under the current U.S. tax regulations, and that you — not waive all claims he may have against the Company — shall be solely responsible for tracking, calculating, reporting and paying any taxes in connection with such income to the I.R.S. You further agree to indemnify and defend the Company in connection with any taxes or penalties the Company may incur or be assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)Parties.
Appears in 1 contract
Sources: Separation and Consulting Agreement (Bankrate, Inc.)
Acknowledgments and Affirmations. You affirm that you have not filed, caused to be filed, and are presently not a party to, any claim against the Company. You also affirm that, other than any payments or benefits set forth in this AgreementAgreement and General Release, you have been paid and/or have received all compensation, wages, bonuses, commissions, and/or benefits to which you may have been eligible or entitled. You affirm that you have been granted any leave to which you were entitled under the Family and Medical Leave Act or state or local leave or disability accommodation laws. You also affirm that you have no known workplace injuries or occupational diseases that are not the subject of pending Workers Compensation claims. You further affirm that you have not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. The Company and you both acknowledge that this Agreement and General Release does not limit either’s right, where applicable, to file a claim with or participate in an investigation or proceeding by the Equal Employment Opportunity Commission (EEOC) or any comparable federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall will not be entitled to recover any individual monetary relief or other individual remedies. You acknowledge and understand that nothing in this Agreement and General Release serves as a waiver of your rights under the applicable deferred compensation plans Company’s 401(k) Savings and Profit Sharing Plan, Supplemental Executive Retirement Plan (SERP) and equity awards. The Company and you both acknowledge that the payments to be made pursuant to this Agreement and General Release are intended to qualify as “short-term deferrals” under Section 409A of the Company and equityInternal Revenue Code of 1986, phantom equity and incentive compensation awards. [You further acknowledge and understand that the benefit you receive from your use of the discount card after your last day of employment, including but not limited to the value of the discount you receive, is considered taxable income under the current U.S. tax regulations, and that you — not the Company — shall be solely responsible for tracking, calculating, reporting and paying any taxes in connection with such income to the I.R.S. You further agree to indemnify and defend the Company in connection with any taxes or penalties the Company may incur or be assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)as amended.
Appears in 1 contract
Sources: Agreement and General Release (Fifth & Pacific Companies, Inc.)
Acknowledgments and Affirmations. You affirm a. Employee and Employer each affirms to the other that you have it has not filed, caused to be filed, and are presently is not a party to, to any claim filed against the Company. You other and has released any and all claims not explicitly preserved by Employee to receive the consideration provided hereunder;
b. Employee affirms he has no known workplace injuries, diseases or occupational illnesses and further affirms that he is unaware of any facts that could be the basis for a claim of discrimination against the Employer;
c. Employee affirms he will continue to maintain the confidentiality of Employer’s confidential and other non-public information consistent with Employer’s policies attorney-client privileges, and common law, except as compelled by judicial process or court or governmental order or proceeding;
d. Employee also affirm thataffirms that upon receipt of the consideration to be paid or provided to Employee under Paragraph 2 hereof, other than any payments or benefits set forth in this Agreement, you he will have been paid and/or have received all compensation, wages, bonuses, commissions, and/or benefits to which you Employee may have been eligible or entitledbe entitled based on services performed and Employee’s execution of this Agreement, subject to terms of this Agreement. You affirm Employee affirms that you have he has been granted any leave to which you were he was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. You also affirm that you have no known workplace injuries or occupational diseases that are not the subject of pending Workers Compensation claims. You further affirm that you have not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. The Company ;
e. Both Employer and you both Employee acknowledge that this Agreement does not limit eithereither party’s right, where applicable, to file a claim with or participate in an investigation or proceeding by the Equal Employment Opportunity Commission (EEOC) or any comparable federalinvestigative proceeding, state or local governmental agency. To to the extent permitted by law, you agree before the U.S. Equal Employment Opportunity Commission providing that if such an administrative claim is made, you Employee shall not be entitled to recover any individual monetary relief or other individual remedies. You acknowledge and understand ;
f. In the event any claim is made by Employee that nothing in is not barred by this Agreement serves as and any remedy is provided upon such a waiver claim by Employee, all monies paid hereunder shall be a set–off against and shall be used to satisfy any relief or recovery award to Employee and if Employee files any claim of your rights any kind whatsoever, not explicitly preserved by Employee under the applicable deferred compensation plans this Agreement (excluding cross, counter or similar claims that he may bring in response to any claim brought against him by Getty), he shall return all of the Company consideration paid under Paragraph 2 above and equity, phantom equity and incentive compensation awards. [You further acknowledge and understand that shall pay the benefit you receive from your use cost of the discount card after your last day legal fees incurred by Employer to defend that action, subject to applicable law; and,
g. Employee represents he has returned all of employmentEmployer’s equipment (except the Dell Latitude 430, including but not limited Magellan 2000, Blackberry and Canon camera, which he shall be permitted to retain in consideration hereof) and has no knowledge that he has any original or copies of any Company documents and information, regardless of the form, and agrees to return such documents and information, or forward to the value ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ e-mail account any e-mails regarding Company business received or sent from any e-mail account under his control that have not been deleted, if he finds any in his possession and will thereafter purge any Company data stored in any electronic form in his possession prior to the end of the discount you receive, is considered taxable income under the current U.S. tax regulations, and that you — not the Company — shall be solely responsible for tracking, calculating, reporting and paying any taxes in connection with such income to the I.R.S. You further agree to indemnify and defend the Company in connection with any taxes or penalties the Company may incur or be assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)Revocation Period.
Appears in 1 contract
Acknowledgments and Affirmations. You affirm Employee affirms that you have Employee has not filed, caused to be filed, and are or presently not is a party to, to any claim against the CompanyReleasees. You Employee also affirm affirms that, other than any payments or benefits set forth in this Agreementexcept as expressly provided herein, you have Employee has been paid and/or have has received all compensation, wages, bonuses, severance, commissions, incentive compensation and/or benefits that are due and payable to Employee under the terms of any agreement, policy, practice, program or plan. Employee affirms that Employee has been granted all leaves to which you may have been eligible or entitled. You affirm that you have been granted any leave to which you were Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. You also affirm Employee further affirms that you have Employee has no known workplace injuries or occupational diseases diseases. Employee also affirms that are Employee has not divulged any proprietary or confidential information of the subject Company and will continue to maintain the confidentiality of pending Workers Compensation claimssuch information consistent with the Company’s policies, any agreement signed by Employee, including, if applicable, any proprietary information and inventions agreement, which is expressly incorporated herein by reference, and/or common law. You Employee further affirm affirms that you have Employee has not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. The Company Employee affirms that all of the Company’s decisions regarding Employee’s pay and you both acknowledge that this Agreement does benefits through the Transition Date were not limit either’s rightdiscriminatory based on age, where applicabledisability, to file a claim with or participate in an investigation or proceeding by the Equal Employment Opportunity Commission (EEOC) race, color, sex, religion, national origin or any comparable federal, state or local governmental agency. To the extent permitted other classification protected by law. Employee agrees that, you agree that if such after the Transition Date, he will not represent himself as being an administrative claim is madeemployee, you shall not be entitled to recover any individual monetary relief officer, attorney, agent or other individual remedies. You acknowledge and understand that nothing in this Agreement serves as a waiver of your rights under the applicable deferred compensation plans representative of the Company for any purpose. Without limiting the foregoing, Employee specifically agrees to update any and equityall social media accounts the Employee accesses, phantom equity and incentive compensation awards. [You further acknowledge and understand uses or maintains to reflect the fact that the benefit you receive from your use Employee is no longer employed by the Company within sixty (60) days of the discount card after your last day Transition Date. For purposes of employmentthis paragraph, including social media accounts include but are not limited to the value of the discount you receiveFacebook, is considered taxable income under the current U.S. tax regulationsLinkedIn, Twitter and that you — not the Company — shall be solely responsible for tracking, calculating, reporting and paying any taxes in connection with such income to the I.R.S. You further agree to indemnify and defend the Company in connection with any taxes or penalties the Company may incur or be assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)Four Square.
Appears in 1 contract
Sources: Garden Leave and General Release Agreement (KAMAN Corp)
Acknowledgments and Affirmations. You affirm that that:
(a) you have not filed, caused to be filed, and or presently are presently not a party to, to any claim against Company Group;
(b) except for the Company. You also affirm that, other than any payments or and benefits expressly set forth in this Agreement, as of the date you sign this Agreement (i) you have been paid and/or have received all compensation, wages, bonuses, commissions, commissions and/or benefits which are due and payable, including any vacation time you have earned but have not used as of the Separation Date and (ii) you are not entitled to which you may have been eligible any other payments or entitledbenefits from Company, including pursuant to the Warner Music Inc. Severance Plan for Regular U.S. Employees. You affirm that have reported all of the hours you have been worked while you were employed by Company. You will not accrue any vacation time or other employee benefits following the Separation Date;
(c) Company has granted you any leave to which you were entitled from Company under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. You also affirm that ;
(d) you have no known workplace injuries or occupational diseases that diseases;
(e) you are not the subject Medicare eligible and have not filed a claim for Medicare benefits;
(f) you are not aware of pending Workers Compensation claims. You further affirm that any fraud or wrongdoing by Company Group and you have not been retaliated against for reporting any allegations of fraud or other wrongdoing by Company Group;
(g) all of Company’s decisions regarding your pay and benefits through the Company or its officers, including any allegations of corporate fraud. The Company and date you both acknowledge that sign this Agreement does were not limit either’s rightdiscriminatory based on age, where applicabledisability, to file a claim with or participate in an investigation or proceeding by the Equal Employment Opportunity Commission (EEOC) race, color, sex, religion, national origin or any comparable federal, state or local governmental agency. To the extent permitted other classification protected by law; and
(h) Company owns all rights of every kind and character throughout the world in perpetuity in and to any material and/or ideas written, suggested or in any way created by you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies. You acknowledge and understand that nothing in this Agreement serves as a waiver of your rights under the applicable deferred compensation plans of the Company and equity, phantom equity and incentive compensation awards. [You further acknowledge and understand that the benefit you receive from your use of the discount card after your last day of employment, including but not limited to the value of the discount you receive, is considered taxable income under the current U.S. tax regulations, and that you — not the Company — shall be solely responsible for tracking, calculating, reporting and paying any taxes in connection with such income or related to your employment with Company and all other results and proceeds of your employment services to Company, including all copyrightable material created by you within the I.R.S. You further scope of your employment, and you agree to indemnify execute and defend the deliver to Company in connection with any taxes such assignments or penalties the other instruments as Company may incur or be assessed by require to evidence Company’s ownership of the I.R.S with respect to results and proceeds of your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1).
Appears in 1 contract
Sources: Mutual Separation Agreement (Warner Music Group Corp.)
Acknowledgments and Affirmations. You affirm a. Employee affirms that you have she has not filed, caused to be filed, and are or presently not is a party to, to any claim against the Company. You also affirm that, other than any payments or benefits set forth in this Agreement, you have Employer.
b. Employee affirms that she has been paid and/or have has received all compensation, wages, bonuses, commissions, commissions and/or benefits to which you Employee may have been eligible or be entitled. You affirm Employee affirms that you have she has been granted any leave to which you were she was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. You also affirm Employee affirms that you have all of Kimco’s decisions regarding Employee’s pay and benefits through the date of Employee’s execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.
c. Employee affirms that she has no known workplace injuries or occupational diseases diseases.
d. Employee affirms that are she has not divulged any proprietary or confidential information of Employer and will continue to maintain the subject confidentiality of pending Workers Compensation claims. You such information consistent with Employer’s policies and Employee’s agreement(s) with Employer and/or common law.
e. Employee further affirm affirms that you have she has not been retaliated against for reporting any allegations of wrongdoing by the Company Employer or its officers, including any allegations of corporate fraud. The Company Both Employer and you both Employee acknowledge that this Agreement does not limit eithereither party’s right, where applicable, to file a claim with or participate in an investigation or investigative proceeding by the Equal Employment Opportunity Commission (EEOC) or of any comparable federal, state or local governmental agency. To the extent permitted by law, you agree Employee agrees that if such an administrative claim is made, you Employee shall not be entitled to recover any individual monetary relief or other individual remedies. You acknowledge and understand If any federal, state or local governmental agency requests that nothing ▇▇. ▇▇▇▇▇▇ participate in any such investigative proceeding, ▇▇. ▇▇▇▇▇▇ shall provide written notice to ▇▇▇▇ ▇▇▇▇▇▇, Vice President, Human Resources, or her successor, no later than five (5) business days prior to any requested or required participation.
f. Employee affirms that she is not a Medicare or Medicaid beneficiary as of the date of this Agreement serves as a waiver of your rights under the applicable deferred compensation plans of the Company and equityand, phantom equity and incentive compensation awards. [You further acknowledge and understand that the benefit you receive from your use of the discount card after your last day of employmenttherefore, including but not limited to the value of the discount you receive, is considered taxable income under the current U.S. tax regulations, and that you — not the Company — shall be solely responsible for tracking, calculating, reporting and paying any taxes in connection with such income to the I.R.S. You further agree to indemnify and defend the Company in connection with any taxes no conditional payments have been made by Medicare or penalties the Company may incur or be assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)Medicaid.
Appears in 1 contract
Acknowledgments and Affirmations. You affirm (a) Employee confirms that you have prior to the execution of this Agreement, Employee has not revealed its terms to any third parties. Employee agrees not to disclose any information regarding the existence or substance of this Agreement, except to Employee’s spouse, tax advisor, attorneys and/or to any federal, state or local government agency. Nothing in this Agreement has the purpose or effect of preventing Employee from making truthful disclosures about alleged unlawful conduct.
(b) Employee confirms that Employee has not made any claims or allegations to the Employer related to sexual harassment, sex discrimination, or sexual assault, and that none of the payments set forth in this Agreement are related to sexual harassment, sex discrimination, or sexual assault;
(c) Employee confirms that Employee has not filed, caused to be filed, and are or presently not is a party to, to any claim against the CompanyEmployer. You Nothing in this Agreement or these affirmations is intended to impair Employee’s rights under whistleblower laws or cause Employee to disclose Employee’s participation in any governmental whistleblower program or any whistleblowing statute(s) or regulation(s) allowing for anonymity.
(d) Employee also affirm affirms that, other than any payments or benefits set forth in this Agreementamounts payable pursuant to Section 2(b), you have Employee has been paid and/or have has received all compensation, wages, bonuses, commissions, paid sick leave, predictability pay, and/or benefits to which you may have are due and payable as of the date Employee signs this Agreement and Employee has been eligible reimbursed for all necessary expenses or entitledlosses incurred by Employee within the scope of Employee’s employment for which Employee has sought reimbursement in accordance with applicable company policies. You affirm Employee further confirms that you have Employee has submitted expense reports for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment through the Separation Date. Employee affirms that Employee has been granted any leave to which you were Employee was entitled under the Family and Medical Leave Act or and state or and local leave or and disability accommodation laws. You also affirm .
(e) Employee further affirms that you have Employee has no known workplace injuries or occupational diseases diseases.
(f) Employee also affirms that are Employee has not divulged any proprietary or confidential information of Employer and will continue to maintain the subject confidentiality of pending Workers Compensation claimssuch information consistent with Employer’s policies and Employee’s agreement(s) with Employer and/or common law. You further affirm that you have Under the federal Defend Trade Secrets Act of 2016, Employee shall not been retaliated be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (a) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (b) is made to Employee’s attorney in relation to a lawsuit against Employer for retaliation against Employee for reporting any allegations a suspected violation of wrongdoing by the Company law; or its officers(c) is made in a complaint or other document filed in a lawsuit or other proceeding, including any allegations of corporate fraud. The Company if such filing is made under seal.
(g) Employee and you both Employer acknowledge that this Agreement does not limit eitherEmployee’s right, where applicable, rights to file a claim with make truthful statements or participate in an investigation or proceeding by the Equal Employment Opportunity Commission (EEOC) or any comparable federal, state or local governmental agency. To the extent permitted disclosures required by law, you agree that if such an administrative claim is maderegulation, you shall not be entitled or legal process and to recover any individual monetary relief request or other individual remedies. You acknowledge receive confidential legal advice, and understand that nothing in this Agreement serves as a waiver of your rights under the applicable deferred compensation plans of the Company and equity, phantom equity and incentive compensation awards. [You further acknowledge and understand that the benefit you receive from your use of the discount card after your last day of employment, including but not limited to the value of the discount you receive, is considered taxable income under the current U.S. tax regulations, and that you — not the Company — shall be solely responsible for tracking, calculating, reporting and paying any taxes in connection with such income deemed to the I.R.S. You further agree to indemnify and defend the Company in connection with any taxes or penalties the Company may incur or be assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)impair those rights.
Appears in 1 contract
Acknowledgments and Affirmations. (a) You affirm acknowledge and agree that (i) the consideration given to you have not filed, caused to be filed, in exchange for the waiver and are presently not a party to, any claim against the Company. You also affirm that, other than any payments or benefits set forth release in this Agreement, Agreement is in addition to anything of value to which you were already entitled; (ii) that you have been paid and/or for all time worked, have received all compensationthe leave, wagesleaves of absence and leave benefits and protections for which you are eligible, bonuses, commissions, and/or benefits and have not suffered any on-the-job injury for which you have not already filed a Claim; (iii) you have been given sufficient time to which consider this Agreement and consult an attorney or advisor of your choosing; and (iv) you are knowingly and voluntarily executing this Agreement waiving and releasing any Claims you may have been eligible as of the date you execute it. You affirm that all of the decisions of the Company Parties regarding your pay and benefits through the date of your execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin or entitledany other classification protected by law. You affirm that you have been granted are not aware of any leave practice, policy or action by the Company or any of its officers, directors, employees, executives or service providers that materially violates any Company policy or violates any law, regulation or government order applicable to which you were entitled under the Family and Medical Leave Act or state or local leave or disability accommodation lawsCompany. You also agree that you will not voluntarily (except in response to legal compulsion or as permitted in Section 12 above) assist any person in bringing or pursuing any proposed or pending litigation, arbitration, administrative claim or other formal proceeding against any of the Company Parties. You further affirm that you have no known workplace injuries or occupational diseases that are not the subject of pending Workers Compensation claimsdiseases. You further acknowledge and affirm that you have not been retaliated against for reporting any allegations allegation of corporate fraud or other wrongdoing by any of the Company Parties, or for exercising any rights protected by law, including any rights protected by the Fair Labor Standards Act, the Family Medical Leave Act or any related statute or local leave or disability accommodation laws, or any applicable state workers’ compensation law.
(b) The Company acknowledges and agrees that, as of the date of this Agreement, it has no knowledge, based on any investigations or inquiries by the Company Parties, of any actions, events or its officers, including any allegations of corporate fraud. The Company and you both acknowledge that this Agreement does not limit either’s right, where applicable, to file conduct on your part which establish a claim with or participate in an investigation or proceeding cause of action by the Equal Employment Opportunity Commission (EEOC) Company against you or any comparable federal, state or local governmental agency. To the extent permitted by law, you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies. You acknowledge and understand that nothing in this Agreement serves as a waiver termination of your rights under the applicable deferred compensation plans of the Company and equity, phantom equity and incentive compensation awards. [You further acknowledge and understand that the benefit you receive from your use of the discount card after your last day of employment, including but not limited to the value of the discount you receive, is considered taxable income under the current U.S. tax regulations, and that you — not the Company — shall be solely responsible employment for tracking, calculating, reporting and paying any taxes in connection with such income to the I.R.S. You further agree to indemnify and defend the Company in connection with any taxes or penalties the Company may incur or be assessed by the I.R.S with respect to your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1)Cause.
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Sources: Transition Agreement (Grindr Inc.)
Acknowledgments and Affirmations. You affirm that that:
(a) you have not filed, caused to be filed, and or presently are presently not a party to, to any claim against Company Group;
(b) except for the Company. You also affirm that, other than any payments or and benefits expressly set forth in this Agreement, as of the date you sign this Agreement (i) you have been paid and/or have received all compensation, wages, bonuses, commissions, commissions and/or benefits which are due and payable, including any vacation time you have earned but have not used as of the Separation Date, and (ii) you are not entitled to which you may have been eligible any other payments or entitledbenefits from Company, including pursuant to the Warner Music Inc. Severance Plan for Regular U.S. Employees. You affirm that will not accrue any vacation time or other employee benefits following the Separation Date;
(c) Company has granted you have been granted any leave to which you were entitled from Company under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. You also affirm that ;
(d) you have no known workplace injuries or occupational diseases that diseases;
(e) you are not the subject aware of pending Workers Compensation claims. You further affirm that any fraud or wrongdoing by Company Group and you have not been retaliated against for reporting any allegations of fraud or other wrongdoing by Company Group;
(f) all of Company’s decisions regarding your pay and benefits through the Company or its officers, including any allegations of corporate fraud. The Company and date you both acknowledge that sign this Agreement does were not limit either’s rightdiscriminatory based on age, where applicabledisability, to file a claim with or participate in an investigation or proceeding by the Equal Employment Opportunity Commission (EEOC) race, color, sex, religion, national origin or any comparable federal, state or local governmental agency. To the extent permitted other classification protected by law; and
(g) Company owns all rights of every kind and character throughout the world in perpetuity in and to any material and/or ideas written, suggested or in any way created by you agree that if such an administrative claim is made, you shall not be entitled to recover any individual monetary relief or other individual remedies. You acknowledge and understand that nothing in this Agreement serves as a waiver of your rights under the applicable deferred compensation plans of the Company and equity, phantom equity and incentive compensation awards. [You further acknowledge and understand that the benefit you receive from your use of the discount card after your last day of employment, including but not limited to the value of the discount you receive, is considered taxable income under the current U.S. tax regulations, and that you — not the Company — shall be solely responsible for tracking, calculating, reporting and paying any taxes in connection with such income or related to your employment with Company and all other results and proceeds of your employment services to Company, including all copyrightable material created by you within the I.R.S. You further scope of your employment, and you agree to indemnify execute and defend the deliver to Company in connection with any taxes such assignments or penalties the other instruments as Company may incur or be assessed by require to evidence Company’s ownership of the I.R.S with respect to results and proceeds of your use of such discount card after your last day of employment, including but not limited to any failure by you to track, calculate, report or pay any taxes in connection with your use of such discount card.](1).
Appears in 1 contract
Sources: Employment Separation Agreement (Warner Music Group Corp.)