|SPECTRUM BRANDS HOLDINGS, INC. filed this Form 8-K on 07/13/2018|
4. Release of Unknown Claims
Releasor expressly understands and acknowledges that it is possible that unknown losses or claims exist or that present losses may have been underestimated in amount or severity, and Releasor explicitly took that into account in determining the amount of consideration to be paid for the giving of the releases described in Paragraph 3 of this Agreement, and a portion of said consideration and the mutual covenants contained herein, having been bargained for between the parties with the knowledge of the possibility of such unknown claims, were given in exchange for a full satisfaction and discharge of all such claims.
5. Employee Acknowledgments
By executing this Agreement, Employee agrees and acknowledges that:
(a) Employee understands all of the terms of this Agreement, and such terms are fair and reasonable, and are not the result of any fraud, duress, coercion, pressure or undue influence exercised by or on behalf of any Releasee;
(b) Employee has been provided a reasonable period of time to review and consider signing this Agreement;
(c) Employee has been directed by the Company to consult with an attorney of Employees choice before signing this Agreement;
(d) Employee is not relying on any representation or statement made or contained outside of those set forth in this Agreement and Employee expressly disclaims reliance on any such representation or statement; and
(e) Employee has agreed to and entered into this Agreement and all of the terms hereof, knowingly, freely and voluntarily.
6. Effect of This Agreement on the Employment Agreement
(a) Employee and the Company acknowledge and agree that any Company Property, Intellectual Property, Non-Disparagement, Non-Solicitation Remedy for Breach, Governing Law/Arbitration and Miscellaneous provisions of the Employment Agreement (or similar provisions of the Employment Agreement with different headings) shall survive the cessation of Employees employment by the Company, and that all of the other provisions of the Employment Agreement shall cease to be in effect as of the date of Employees termination of employment (and for the avoidance of doubt, the Employee shall not be subject to the post employment noncompetition and nonsolicitation provisions from the Employment Agreement).
(b) Employee and the Company further acknowledge and agree that if there is any conflict between the provisions of the Employment Agreement and the Retention Agreement and similar provisions of this Agreement, then the provisions of this Agreement will be controlling.