Employee and the Clause Samples

Employee and the. Company hereby acknowledge this Agreement shall not become effective or enforceable until the fifteenth (15th) day after it is executed by Employee (“Effective Date”) and that Employee may revoke this Agreement at any time before the Effective Date. Employee has been informed and understands that any such revocation must be in writing and delivered to the Company by hand, or sent by mail within the 15-day period. If delivered by mail, the revocation must be: (1) postmarked within the 15-day period, (2) properly addressed as set forth below, and (3) sent by certified mail, return receipt requested: To the Company: Caribou Coffee Company, Inc. Attn: General Counsel ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇

Employee and the. Company each acknowledge that the violation of any of the terms of this General Release and Agreement will cause irreparable harm to the other party and agrees that, in addition to any other relief afforded by law, an injunction against the violation of the General Release and Agreement may issue against the violating party. Both damages and injunction shall be proper modes of relief and are not alternative remedies. If Employee or the Company commences any action in equity to specifically enforce any of that party's respective rights under this General Release and Agreement, the other party waives and agrees not to assert the defense that that party has an adequate remedy at law.

Employee and the. Company agree to keep this Agreement, the negotiations and circumstances surrounding this Agreement, and the terms and provisions of this Agreement strictly confidential and shall not disclose the same to any person, party or other entity, including without limitation to employees of the Company and/or its affiliated companies, other than (i) to Employee's family members, their respective attorneys, tax advisors, or the Internal Revenue Service, (ii) as either of them may be compelled to disclose by law or formal legal process, including, without limitation, the filing of all forms required to be filed by Employee under Section 16 of the Securities Exchange Act, or (iii) to the extent that the existence, terms and/or provisions of this Agreement are disclosed in a filing with the Securities and Exchange Commission or any other governmental agency or authority, or in an exhibit to any such filing, or otherwise become a matter of public record in accordance with the other terms of this Agreement. Employee and the Company shall mutually agree upon a public statement to be made in connection with the retirement of Employee, and shall not otherwise comment or make any written or oral statement thereon, except as and to the extent required by law. In addition, Employee hereby consents to the filing of this Agreement by the Company as an exhibit to any Current Report on Form 8-K that the Company will file with the Securities and Exchange Commission after the execution of this Agreement, if the Company believes such filing is appropriate. If this Agreement is filed as an exhibit to a Form 8-K of the Company, this paragraph shall cease to be of any force or effect.

Employee and the. Company hereby acknowledge this Agreement shall not become effective or enforceable until the fifteenth (15th) day after it is executed by Employee (“Effective Date”) and that Employee may revoke this Agreement at any time before the Effective Date. Employee has been informed and understands that any such revocation must be in writing and delivered to the Company by hand, or sent by mail within the 15-day period. If delivered by mail, the revocation must be: (1) postmarked within the 15-day period, (2) properly addressed as set forth below, and (3) sent by certified mail, return receipt requested: To the Company: Caribou Coffee Company, Inc. Attn: Chief Financial Officer ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ With a copy to: Arcapita Inc. Attn.: ▇▇. ▇▇▇▇▇▇▇ ▇. Ogburn ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇

Employee and the. Company acknowledge the receipt and adequacy of the consideration for this Agreement, including the premises and covenants in this Agreement, the employment of Employee by the Company, and other good and valuable considerations.

Employee and the. Company agree to keep the --------------- contents and terms of this Agreement confidential and not to voluntarily disclose its terms. The only exception is that Employee may reveal the terms of this Agreement to his spouse, attorney, tax preparer or as otherwise required by law. The Company may reveal the terms of this Agreement to its attorneys, accountants, financial advisors, managerial employees, and any disclosure required by law or business necessity. Employee and the Company agree that in the event the terms of this Agreement are disclosed to the third parties as allowed or required herein, the third parties will be advised of the obligation to keep the terms of this Agreement confidential, and will obtain the third party's agreement to abide by the terms of the confidentiality provisions set forth in this Agreement. In the event that Employee breaches the confidentiality of this Agreement, Employee understands that the Company shall have the right to pursue all appropriate legal relief, including, but unlimited to, attorneys' fees and costs.

Employee and the. Company understand and acknowledge that by agreeing to arbitrate the disputes covered by this Section 15, they are waiving the right to resolve those disputes in court and waiving any right to a jury trial with respect to those disputes.

Employee and the. Company acknowledge and agree that this Agreement constitutes a full, final, and complete settlement of their differences relating to the subject matter hereof and supersedes and replaces any and all other written or oral exchanges, agreements, understandings, arrangements, or negotiations between them relating to the subject matter hereof, provided however that this Agreement is intended to supplement, and not supersede, any signed written agreements entered into by Employee during Employee’s employment with the Company regarding the protection of trade secrets and confidential information. The Parties affirmatively state that there are no other prior or contemporaneous agreements, exchanges, representations, arrangements, or understandings, written or oral, between them relating to the subject matter hereof, and that this Agreement contains the sole and entire agreement between them with respect to the subject matter hereof. Employee and the Company further acknowledge and agree that language proposed for, deleted from, or otherwise changed in any drafts of this Agreement but not included herein shall not in any way affect the rights and obligations of the Parties.

Employee and the. COMPANY acknowledge that each will comply with his or its respective obligations pursuant to the cooperation covenants contained Section 4.16 of the Employment Agreement.