Common use of Acknowledgement of Waiver of Claims Under ADEA Clause in Contracts

Acknowledgement of Waiver of Claims Under ADEA. The Executive acknowledges that she is waiving and releasing any rights she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. The Parties agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date. The Executive acknowledges that the consideration given for this waiver and release is in addition to anything of value to which the Executive was already entitled. The Executive further acknowledges that she has been advised by this writing that: (a) she should consult with an attorney prior to executing this Agreement; (b) she has twenty-one (21) days within which to consider this Agreement; (c) she has seven (7) days following her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event the Executive signs this Agreement and returns it to the Company in less than the 21-day period identified above, the Executive hereby acknowledges that she has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. The Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Separation Agreement (MAGNACHIP SEMICONDUCTOR Corp)

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Acknowledgement of Waiver of Claims Under ADEA. The Executive Employee ---------------------------------------------- acknowledges that she is waiving and releasing any rights she may have under the Age Discrimination in Employment Act of 1967 ("ADEA”), ") and that this waiver and release is knowing and voluntary. The Parties Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective DateDate of this Agreement. The Executive Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which the Executive Employee was already entitled. The Executive Employee further acknowledges that she has been advised by this writing that: (a) she should consult with an attorney prior to executing this Agreement; (b) she has up to twenty-one (21) days within which to consider this Agreement; (c) she has seven fifteen (715) days following her execution of this Agreement to revoke this the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes the Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for from doing so, unless specifically authorized by federal law. In the event the Executive signs this Agreement and returns it to the Company in less than the 21-day period identified above, the Executive hereby acknowledges that she has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. The Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Separation Agreement and Release (Tricord Systems Inc /De/)

Acknowledgement of Waiver of Claims Under ADEA. The Executive understands and acknowledges that she Executive is waiving and releasing any rights she Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. The Parties agree Executive understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective DateDate of this Agreement. The Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which the Executive was already entitled. The Executive further understands and acknowledges that she Executive has been advised by this writing that: (a) she Executive should consult with an attorney prior to executing this Agreement; (b) she Executive has twenty-one (21) 21 days within which to consider this Agreement; (c) she Executive has seven (7) 7 days following her Executive’s execution of this Agreement to revoke this AgreementAgreement pursuant to written notice to the Board of Directors of the Company; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event the Executive signs this Agreement and returns it to the Company in less than the 21-21 day period identified above, the Executive hereby acknowledges that she Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. The Executive acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.

Appears in 1 contract

Samples: Separation and Advisory Services Agreement (Grizzly Energy, LLC)

Acknowledgement of Waiver of Claims Under ADEA. The Executive acknowledges You acknowledge that she is you are waiving and releasing any rights she you may have under the Age Discrimination in Employment Act of 1967 ("ADEA”), ") and that this waiver and release is knowing and voluntary. The Parties You and TD Ameritrade agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Dateeffective date of this Agreement. The Executive acknowledges You acknowledge that the consideration given for this waiver and release Agreement is in addition to anything of value to which the Executive was you are already entitled. The Executive You further acknowledges acknowledge that she has you have been advised by this writing that: (ai) she you should consult with an attorney prior to executing this Agreement; (bii) she has you have up to twenty-one (21) days from the date of this Agreement within which to consider this AgreementAgreement (the "Review Period"); (ciii) she has you have seven (7) days following her your execution of this Agreement to revoke this AgreementAgreement (the "Revocation Period"); (div) this Agreement Agreement, including the ADEA waiver, shall not be effective until after the revocation period Revocation Period has expired; and (ev) nothing in this Agreement prevents or precludes the Executive you from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In If you have not returned the event the Executive signs this signed Agreement and returns it to the Company in less than the 21-day period identified above, the Executive hereby acknowledges that she has freely and voluntarily chosen to waive within the time period allotted for considering this Agreementpermitted, then the offer of payments and benefits set forth herein will expire by its own terms at such time. The Executive acknowledges and understands that revocation must This Agreement shall be accomplished by a written notification to the person executing this Agreement effective on the Company’s behalf that eighth (8th) day after it is received prior to signed by you (the "Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period").

Appears in 1 contract

Samples: Supplemental Release Agreement (Td Ameritrade Holding Corp)

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Acknowledgement of Waiver of Claims Under ADEA. The Executive A. Employee acknowledges that she Employee is waiving and releasing any rights she that Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), ) and that this waiver and release is knowing and voluntary. The Parties Employee and Employer agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Dateeffective date of this Agreement. The Executive acknowledges Employees acknowledge that the consideration given for this waiver and release Agreement is in addition to anything of value to which the Executive was Employee is already entitled. The Executive Employee further acknowledges that she Employee has been advised by this writing that: (ai) she Employee should consult with an attorney prior to executing this Agreement; (bii) she Employee has up to twenty-one (21) days within which to consider this Agreement; (c) she has seven (7) days following her execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (eiii) nothing in this Agreement prevents or precludes the Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, penalties or costs for doing so, unless specifically authorized by federal law. In If Employee has not returned the event the Executive signs this signed Agreement and returns it to the Company in less than the 21-day period identified above, the Executive hereby acknowledges that she has freely and voluntarily chosen to waive within the time period allotted for considering this Agreement. The Executive acknowledges permitted, then the offer of payments and understands that revocation must be accomplished benefits set forth herein will expire by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day periodits own terms at such time.

Appears in 1 contract

Samples: Severance Payment and Release Agreement (ClubCorp Holdings, Inc.)

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