Common use of Voluntary Consent Clause in Contracts

Voluntary Consent. By signing this Agreement, Executive acknowledges (a) he has read this Agreement and fully understands its terms and their import; (b) any and all questions regarding the terms of this Agreement have been asked and answered to his complete satisfaction; (c) he has had at least 21 days to consider the terms and effects of this Agreement (the “Consideration Period”) and has either considered it for that period of time or has knowingly and voluntarily waived his right to do so; (d) he may revoke the Agreement up to 7 days after his signing of the Agreement, (e) revocation of the Agreement is effective by sending written notice to Chief Legal Officer, Trinity Industries, Inc., 25▇▇ ▇. ▇▇▇▇▇▇▇▇ Freeway, Dallas, Texas 75207, so as to be received no later than seven (7) days following Executive’s signing of this Agreement (“Revocation Period”); (f) the receipt of the compensation described in this Agreement is expressly conditioned on his signing of this Agreement and the expiration of the mandatory Revocation Period without revocation by Executive; (g) Company advises Executive to consult with an attorney of his own choosing regarding the terms of this Agreement; (h) Executive must sign this Agreement and return it to Chief Legal Officer, Trinity Industries, Inc., 25▇▇ ▇. ▇▇▇▇▇▇▇▇ Freeway, Dallas, Texas 75207 within three (3) days of the expiration of the Consideration Period, otherwise this offer will expire and this Agreement will be null, void and of no force or effect; (i) that this Agreement was not requested nor provided in connection with an exit incentive or other employment termination program offered to a group or class of employees; (j) the compensation provided for herein is good and valuable, and it is accepted by Executive in full satisfaction of all claims Executive’s has or may have against the Released Parties, and as adequate consideration for Executive’s agreements, covenants, and commitments made herein; and, (k) Executive is entering into this Agreement voluntarily, of his own free will, and without any coercion, undue influence, threat, or intimidation of any kind or type whatsoever.

Voluntary Consent. By signing this Agreement, Executive ▇▇▇▇▇▇▇▇▇ acknowledges (a) he has read this Agreement and fully understands its terms and their import; (b) any and all questions regarding the terms of this Agreement have been asked and answered to his complete satisfaction; (c) he has had at least 21 days to consider the terms and effects of this Agreement (the “Consideration Period”) and has either considered it for that period of time or has knowingly and voluntarily waived his right to do so; (d) he may revoke the Agreement up to 7 days after his signing of the Agreement, (e) revocation of the Agreement is effective by sending written notice to ▇. ▇▇▇▇▇ ▇▇▇▇, Sr. Vice President and Chief Legal Officer, Trinity Industries, Inc., 25▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Freeway, Dallas, Texas 75207, so as to be received no later than seven (7) days following Executive’s ▇▇▇▇▇▇▇▇▇’▇ signing of this Agreement (“Revocation Period”); (f) the receipt of the compensation described in this Agreement is expressly conditioned on his signing of this Agreement and the expiration of the mandatory Revocation Period without revocation by Executive▇▇▇▇▇▇▇▇▇; (g) Company advises Executive ▇▇▇▇▇▇▇▇▇ to consult with an attorney of his own choosing regarding the terms of this Agreement; (h) Executive ▇▇▇▇▇▇▇▇▇ must sign this Agreement and return it to ▇. ▇▇▇▇▇ ▇▇▇▇, Sr. Vice President and Chief Legal Officer, Trinity Industries, Inc., 25▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Freeway, Dallas, Texas 75207 within three (3) days of the expiration of the Consideration Period, otherwise this offer will expire and this Agreement will be null, void and of no force or effect; (i) that this Agreement was not requested nor provided in connection with an exit incentive or other employment termination program offered to a group or class of employees; (j) the compensation provided for herein is good and valuable, and it is accepted by Executive ▇▇▇▇▇▇▇▇▇ in full satisfaction of all claims Executive’s ▇▇▇▇▇▇▇▇▇’▇ has or may have against the Released Parties, and as adequate consideration for Executive’s ▇▇▇▇▇▇▇▇▇’▇ agreements, covenants, and commitments made herein; and, (k) Executive ▇▇▇▇▇▇▇▇▇ is entering into this Agreement voluntarily, of his own free will, and without any coercion, undue influence, threat, or intimidation of any kind or type whatsoever.

Voluntary Consent. By signing this Agreement, Executive acknowledges F▇▇▇▇▇▇▇ acknowledges: (a) he has read this Agreement and fully understands its terms and their import; (b) any and all questions regarding the terms of this Agreement have been asked and answered to his complete satisfaction; (c) he has had at least 21 days to consider the terms and effects of this Agreement (“the “Consideration Period”) and has either considered it for that period of time or has knowingly and voluntarily waived his right to do so; (d) he may revoke the this Agreement up to 7 days after his signing of the Agreement, (e) revocation of the Agreement is effective by sending written notice to Chief Legal Officer, Trinity Industries, Inc., 25J▇▇▇▇ ▇. ▇▇▇▇▇, CORPORATE LABOR & EMPLOYMENT COUNSEL, TRINITY INDUSTRIES, INC., 2▇▇▇ Freeway▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Dallas▇▇▇▇▇▇, Texas 75207▇▇▇▇▇ ▇▇▇▇▇, so as to be received no later than within seven (7) days following Executive’s of F▇▇▇▇▇▇▇’▇ signing of this Agreement (“Revocation Period”); (fe) the receipt of the compensation consideration described in this Agreement is expressly conditioned on his signing of this Agreement and the expiration of the mandatory Revocation Period Period, without revocation by ExecutiveF▇▇▇▇▇▇▇; (gf) Company advises Executive he has been given the opportunity to consult with an attorney of his own choosing choosing, J▇▇▇▇▇▇ ▇. London, regarding the terms of this AgreementAgreement and encouraged to do so; (hg) Executive F▇▇▇▇▇▇▇ must sign this Agreement and return it to Chief Legal Officer, Trinity Industries, Inc., 25T▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Chairman, President and Chief Executive Officer, Trinity Industries, Inc., 2▇▇▇ Freeway▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Dallas▇▇▇▇▇▇, Texas 75207 within three (3) days of the expiration of the Consideration Period▇▇▇▇▇ ▇▇▇▇▇, before November 30, 2004, otherwise this offer will expire and this Agreement will be null, void null and of no force or effectvoid; (ih) he acknowledges that this Agreement was not requested nor provided in connection with an exit incentive or other employment termination program offered to a group or class of employees; (ji) the compensation consideration provided for herein is good and valuable, and it is accepted by Executive F▇▇▇▇▇▇▇ in full satisfaction of all claims Executive’s has F▇▇▇▇▇▇▇ has, or may have have, against the Released Parties, and as well as adequate consideration for Executive’s agreements, covenants, and F▇▇▇▇▇▇▇’▇ commitments made herein; and, (kj) Executive he is entering into this Agreement voluntarily, of his own free will, and without any coercion, undue influence, threat, or intimidation of any kind or type whatsoever.