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

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that, pursuant to Section 2 hereof, he is waiving and releasing any rights he may have against the Employer Parties under the Age Discrimination in Employment Act of 1967 and that this waiver and release is knowing and voluntary. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that (a) he has had at least twenty-one (21) days to consider and review the terms of this Release or has knowingly and voluntarily waived his right to do so; (b) he has been advised by the Employer Parties to consult with his attorney regarding the terms of this Release; (c) any and all questions regarding the terms of this Release have been asked and answered to his complete satisfaction; (d) he has read this Release and fully understands its terms and their import; and (e) the consideration provided for herein is good and valuable. Employee understands that he may revoke this Release, in writing within seven (7) days of the Execution Date, and this Release shall not become effective and enforceable until such period has expired (the “Revocation Period”). In the event that Employee revokes this Release prior to the expiration of the Revocation Period, this Release shall be null and void ab initio, and Employee acknowledges and agrees that he will not receive the benefits provided by this Release or in the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this Release.

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges thatI have read this Release of Claims carefully and have been advised to consult with any attorney and any other advisors of my choice prior to executing this Release of Claims, pursuant and I fully understand that by signing below I am voluntarily giving up any right which I may have to Section 2 hereof, he is sxx or bring any claims against the Releasees other than the Executive’s Retained Claims. I understand and acknowledge that I am waiving and releasing any rights he that I may have against the Employer Parties under the Age Discrimination in Employment Act of 1967 (the “ADEA”), and that this waiver and release is knowing and voluntary. Employee acknowledges I understand and agree that this Release of Claims does not apply to any rights or claims that may arise under the ADEA after the date I sign this Release of Claims. I understand and acknowledge that the consideration given for this waiver and release Release of Claims is in addition to anything of value to which Employee I was already entitled. Employee I further acknowledges understand and acknowledge that I have been advised by this writing that: (a) he has had at least twenty-one (21) I have 45 days within which to consider and review the terms of this Release of Claims and the Demographic Notice provided herewith and I expressly agree that such time period to review these documents shall not be extended upon any material or has knowingly and voluntarily waived his right immaterial changes to do sothis Release of Claims; (b) he has been advised by the Employer Parties to consult with his attorney regarding the terms I have 7 business days following my execution of this ReleaseRelease of Claims to revoke this Release of Claims by delivering written notice to the Company’s Vice President, Human Resources; (c) any and all questions regarding the terms of this Release have been asked of Claims will not be effective until after the foregoing revocation period has expired; and answered to his complete satisfaction; (d) he has read nothing in this Release and fully understands its terms and their import; and (e) the consideration provided for herein is of Claims prevents or precludes me from challenging or seeking a determination in good and valuable. Employee understands that he may revoke this Release, in writing within seven (7) days faith of the Execution Datevalidity of this waiver under the ADEA, and this Release shall not become effective and enforceable until such period has expired (the “Revocation Period”)nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event that Employee revokes I sign this Release prior of Claims and return it to the expiration of Company in less than the Revocation Period45 day period identified above, I hereby acknowledge that I have freely and voluntarily chosen to waive the time period allotted for considering this Release shall be null and void ab initioof Claims. I have not been forced or pressured in any manner to sign this Release of Claims, and Employee acknowledges and agrees that he will not receive the benefits provided by this Release or in the Employment Agreement (including payment under Section 7(c) I agree to all of the Employment Agreement) if he revokes this Releaseits terms voluntarily.

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive expressly acknowledges that, pursuant to Section 2 hereof, that he is waiving voluntarily, irrevocably and unconditionally releasing any and forever discharging the Company and its respective present and former parents, subsidiaries, divisions, affiliates, branches, insurers, agencies, and other offices from all rights or claims he has or may have against the Employer Parties Company including, but not limited to, without limitation, all charges, claims of money, demands, rights, and causes of action arising under the Age Discrimination in Employment Act of 1967 1967, as amended (“ADEA”), including, but not limited to, all claims of age discrimination in employment and that this waiver and release is knowing and voluntaryall claims of retaliation in violation of ADEA. Employee Executive further acknowledges that the consideration given for this waiver and release of claims under the ADEA is in addition to anything of value to which Employee he was already entitledentitled in the absence of this waiver. Employee Executive further acknowledges that acknowledges: (a) that he has had at least twenty-one (21) days been informed by this writing that he should consult with an attorney prior to consider and review the terms of executing this Release or has knowingly and voluntarily waived his right to do soAgreement; (b) that he has been advised by carefully read and fully understands all of the Employer Parties to consult with his attorney regarding the terms provisions of this ReleaseAgreement; (c) he is, through this Agreement, releasing the Company from any and all questions regarding the terms of this Release claims he may have been asked and answered to his complete satisfactionagainst it; (d) he understands and agrees that this waiver and release does not apply to any claims that may arise under the ADEA after the date he executes this Agreement; (e) he has read at least 21 days within which to consider this Release and fully understands its terms and their importAgreement; and (ef) he has seven days following his execution of this Agreement to revoke the consideration Agreement (as provided for herein is good in Section 4 of this Agreement); and valuable. Employee understands that he may revoke (g) this Release, in writing within seven (7) days of the Execution Date, and this Release Agreement shall not become be effective and enforceable until such the revocation period has expired (and Executive has signed and has not revoked the “Revocation Period”). In the event that Employee revokes this Release prior to the expiration of the Revocation Period, this Release shall be null and void ab initio, and Employee acknowledges and agrees that he will not receive the benefits provided by this Release or in the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this Release.

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive expressly acknowledges that, pursuant to Section 2 hereof, that he is waiving voluntarily, irrevocably and unconditionally releasing any and forever discharging Employer and its respective present and former parents, subsidiaries, divisions, affiliates, branches, insurers, agencies, and other offices from all rights or claims he has or may have against the Employer Parties including, but not limited to, without limitation, all charges, claims of money, demands, rights, and causes of action arising under the Age Discrimination in Employment Act of 1967 1967, as amended (“ADEA”), including, but not limited to, all claims of age discrimination in employment and that this waiver and release is knowing and voluntaryall claims of retaliation in violation of ADEA. Employee Executive further acknowledges that the consideration given for this waiver and release of claims under the ADEA is in addition to anything of value to which Employee he was already entitledentitled in the absence of this waiver. Employee Executive further acknowledges that acknowledges: (a) that he has had at least twenty-one (21) days been informed by this writing that he should consult with an attorney prior to consider and review the terms of executing this Release or has knowingly and voluntarily waived his right to do soAgreement; (b) that he has been advised by carefully read and fully understands all of the Employer Parties to consult with his attorney regarding the terms provisions of this ReleaseAgreement; (c) he is, through this Agreement, releasing Employer from any and all questions regarding the terms of this Release claims he may have been asked and answered to his complete satisfactionagainst it; (d) he understands and agrees that this waiver and release does not apply to any claims that may arise under the ADEA after the date he executes this Agreement; (e) he has read at least 211 days within which to consider this Release and fully understands its terms and their importAgreement; and (ef) he has seven days following his execution of this Agreement to revoke the consideration Agreement (as provided for herein is good in Section 14 of this Agreement); and valuable. Employee understands that he may revoke (g) this Release, in writing within seven (7) days of the Execution Date, and this Release Agreement shall not become be effective and enforceable until such the revocation period has expired (and Executive has signed and has not revoked the “Revocation Period”). In the event that Employee revokes this Release prior to the expiration of the Revocation Period, this Release shall be null and void ab initio, and Employee acknowledges and agrees that he will not receive the benefits provided by this Release or in the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this Release.

Acknowledgement of Waiver of Claims Under ADEA. Employee Xxxxxxxxx expressly acknowledges that, pursuant to Section 2 hereof, that he is waiving voluntarily, irrevocably and unconditionally releasing any and forever discharging BKEP and its respective present and former parents, subsidiaries, divisions, affiliates, branches, insurers, agencies, and other offices from all rights or claims he has or may have against the Employer Parties BKEP including, but not limited to, without limitation, all charges, claims of money, demands, rights, and causes of action arising under the Age Discrimination in Employment Act of 1967 1967, as amended (“ADEA”), including, but not limited to, all claims of age discrimination in employment and that this waiver and release is knowing and voluntaryall claims of retaliation in violation of ADEA. Employee Xxxxxxxxx further acknowledges that the consideration given for this waiver and release of claims under the ADEA is in addition to anything of value to which Employee he was already entitledentitled in the absence of this waiver. Employee Xxxxxxxxx further acknowledges that acknowledges: (a) that he has had at least twenty-one (21) days been informed by this writing that he should consult with an attorney prior to consider and review the terms of executing this Release or has knowingly and voluntarily waived his right to do soAgreement; (b) that he has been advised by carefully read and fully understands all of the Employer Parties to consult with his attorney regarding the terms provisions of this ReleaseAgreement; (c) he is, through this Agreement, releasing BKEP from any and all questions regarding claims pursuant to the terms of this Release have been asked and answered to his complete satisfactionADEA through the date hereof; (d) he understands and agrees that this waiver and release does not apply to any claims that may arise under the ADEA after the date he executes this Agreement; (e) he has read at least 45 days within which to consider this Release and fully understands its terms and their importAgreement; and (ef) he has seven days following his execution of this Agreement to revoke the consideration Agreement (as provided for herein is good in Section 17 of this Agreement); and valuable. Employee understands that he may revoke (g) this Release, in writing within seven (7) days of the Execution Date, and this Release Agreement shall not become be effective and enforceable until such the revocation period has expired (and Xxxxxxxxx has signed and has not revoked the “Revocation Period”)Agreement. In the event that Employee revokes this Release prior to the expiration Attached as Appendix A is a list of the Revocation Period, this Release shall be null job titles and void ab initio, and Employee acknowledges and agrees that he will not receive the benefits provided by this Release or ages of all individuals in the Employment Agreement same organizational unit (including payment under Section 7(ccorporate headquarters) and same or similar job (executive officer) who are part of the Employment AgreementNovember 2009 reduction in force. Attached as Appendix B is a list of the ages of all individuals in the same organizational unit (corporate headquarters) if he revokes this Releaseand same or similar job (executive officer) who are being retained.

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive expressly acknowledges that, pursuant to Section 2 hereof, that he is waiving voluntarily, irrevocably and unconditionally releasing any and forever discharging Employer and its respective present and former parents, subsidiaries, divisions, affiliates, branches, insurers, agencies, and other offices from all rights or claims he has or may have against the Employer Parties including, but not limited to, without limitation, all charges, claims of money, demands, rights, and causes of action arising under the Age Discrimination in Employment Act of 1967 1967, as amended ("ADEA"), including, but not limited to, all claims of age discrimination in employment and that this waiver and release is knowing and voluntaryall claims of retaliation in violation of ADEA. Employee Executive further acknowledges that the consideration given for this waiver and release of claims under the ADEA is in addition to anything of value to which Employee he was already entitledentitled in the absence of this waiver. Employee Executive further acknowledges that acknowledges: (a) that he has had at least twenty-one (21) days been informed by this writing that he should consult with an attorney prior to consider and review the terms of executing this Release or has knowingly and voluntarily waived his right to do soAgreement; (b) that he has been advised by carefully read and fully understands all of the Employer Parties to consult with his attorney regarding the terms provisions of this ReleaseAgreement; (c) he is, through this Agreement, releasing Employer from any and all questions regarding the terms of this Release claims he may have been asked and answered to his complete satisfactionagainst it; (d) he understands and agrees that this waiver and release does not apply to any claims that may arise under the ADEA after the date he executes this Agreement; (e) he has read at least 211 days within which to consider this Release and fully understands its terms and their importAgreement; and (ef) he has seven days following his execution of this Agreement to revoke the consideration Agreement (as provided for herein is good in Section 14 of this Agreement); and valuable. Employee understands that he may revoke (g) this Release, in writing within seven (7) days of the Execution Date, and this Release Agreement shall not become be effective and enforceable until such the revocation period has expired (and Executive has signed and has not revoked the “Revocation Period”)Agreement. In the event that Employee revokes this Release prior to the expiration of the Revocation Period, this Release shall be null and void ab initio, and Employee acknowledges and agrees that he will not receive the benefits provided by this Release or in the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this Release24.

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that, pursuant to Section 2 hereof, that he is waiving and releasing any rights he may have against the Employer Parties under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has had at least twenty-one (21) days within which to consider and review the terms of this Release or has knowingly and voluntarily waived his right to do so; (b) he has been advised by the Employer Parties to consult with his attorney regarding the terms of this ReleaseAgreement; (c) any and all questions regarding the terms he has seven (7) days following his execution of this Release have been asked and answered Agreement to his complete satisfactionrevoke this Agreement; (d) he this Agreement shall not be effective until after the revocation period has read this Release and fully understands its terms and their importexpired; and (e) the consideration provided for herein is nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good and valuable. Employee understands that he may revoke this Release, in writing within seven (7) days faith of the Execution Datevalidity of this waiver under the ADEA, and this Release shall not become effective and enforceable until such period has expired (the “Revocation Period”)nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee revokes this Release acknowledges and understands that revocation must be accomplished by a written notification to the Chairman of the Board of the Company or the General Counsel of the Company that is received prior to the expiration of the Revocation Period, this Release shall be null and void ab initio, and Employee acknowledges and agrees that he will not receive the benefits provided by this Release or in the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this ReleaseEffective Date.

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive expressly acknowledges thatthat she is voluntarily, pursuant to Section 2 hereofirrevocably and unconditionally releasing and forever discharging Employer and its respective present and former parents, he is waiving subsidiaries, divisions, affiliates, branches, insurers, agencies, and releasing any other offices from all rights he or claims she has or may have against the Employer Parties including, but not limited to, without limitation, all charges, claims of money, demands, rights, and causes of action arising under the Age Discrimination in Employment Act of 1967 1967, as amended (“ADEA”), including, but not limited to, all claims of age discrimination in employment and that this waiver and release is knowing and voluntaryall claims of retaliation in violation of ADEA. Employee Executive further acknowledges that the consideration given for this waiver and release of claims under the ADEA is in addition to anything of value to which Employee she was already entitledentitled in the absence of this waiver. Employee Executive further acknowledges that acknowledges: (a) he has had at least twenty-one (21) days that she is hereby informed by this writing that she should consult with an attorney prior to consider and review the terms of executing this Release or has knowingly and voluntarily waived his right to do soAgreement; (b) he that she has been advised by carefully read and fully understands all of the Employer Parties to consult with his attorney regarding the terms provisions of this ReleaseAgreement; (c) she is, through this Agreement, releasing Employer from any and all questions regarding the terms of this Release claims she may have been asked and answered to his complete satisfactionagainst it; (d) he she understands and agrees that this waiver and release does not apply to any claims that may arise under the ADEA after the date she executes this Agreement; (e) she has read at least 21 days within which to consider this Release and fully understands its terms and their importAgreement; (f) she has seven days following her execution of this Agreement to revoke the Agreement (as provided in Section 15 of this Agreement); and (eg) the consideration provided for herein is good and valuable. Employee understands that he may revoke this Release, in writing within seven (7) days of the Execution Date, and this Release Agreement shall not become be effective and enforceable until such the revocation period has expired (and Executive has signed and has not revoked the “Revocation Period”)Agreement. In the event that Employee revokes this Release prior to the expiration of the Revocation Period, this Release shall be null and void ab initio, and Employee acknowledges and agrees that he will not receive the benefits provided by this Release or in the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this Release7.

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that, pursuant to Section 2 hereof, that he is waiving and releasing any rights he may have against the Employer Parties under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the Effective Date of this Agreement. Employee acknowledges that the consideration given under Section 7 of the Employment Agreement for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that he has been advised by this writing that: (a) he has had at least twenty-one (21) days should consult with an attorney prior to consider and review the terms of executing this Release or has knowingly and voluntarily waived his right to do soAgreement; (b) he has been advised by the Employer Parties forty-five (45) days within which to consult with his attorney regarding the terms of consider this ReleaseAgreement; (c) any as set forth in the Decisional Unit Information Letter attached hereto as Exhibit A, he has been advised in writing by the Company of the decisional unit for this reduction in force, as well as the class, unit, or group of individuals affected, and the job titles and ages of all questions regarding the terms of this Release have been asked individuals who were and answered to his complete satisfactionwere not affected; (d) he has read this Release and fully understands its terms and their import; and (e) the consideration provided for herein is good and valuable. Employee understands that he may revoke this Release, in writing within seven (7) days following his execution of this Agreement to revoke this Agreement; (e) this Agreement shall not be effective until after the revocation period has expired; and (f) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the Execution Datevalidity of this waiver under the ADEA, and this Release shall not become effective and enforceable until such period has expired (the “Revocation Period”)nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 45-day period identified above, Employee hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee revokes this Release acknowledges and understands that revocation must be accomplished by delivery of a written notification to [insert contact information for appropriate Company representative – e.g., HR and contact information] prior to the expiration of the Revocation Period, this Release shall be null and void ab initio, and Employee acknowledges and agrees that he will not receive the benefits provided by this Release or in the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this ReleaseEffective Date.

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive understands and acknowledges that, pursuant to Section 2 hereof, he that Executive is waiving and releasing any rights he Executive may have against the Employer Parties under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee 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 Date of this Agreement. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further understands and acknowledges that Executive has been advised by this writing that: (a) he has had at least twenty-one (21) days Executive should consult with an attorney prior to consider and review the terms of executing this Release or has knowingly and voluntarily waived his right to do soAgreement; (b) he Executive has been advised by the Employer Parties 45 days within which to consult with his attorney regarding the terms of consider this ReleaseAgreement; (c) any and all questions regarding the terms Executive has 7 days following Executive’s execution of this Release have been asked Agreement to revoke this Agreement pursuant to written notice to the General Counsel and answered to his complete satisfactionBoard of Directors of the Company; (d) he this Agreement shall not be effective until after the revocation period has read this Release and fully understands its terms and their importexpired; and (e) the consideration provided for herein is nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good and valuable. Employee understands that he may revoke this Release, in writing within seven (7) days faith of the Execution Datevalidity of this waiver under the ADEA, and this Release shall not become effective and enforceable until such period has expired (the “Revocation Period”)nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event that Employee revokes Executive signs this Release prior Agreement and returns it to the expiration Company in less than the 45 day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Executive acknowledges receipt of the Revocation Period, that certain OWBPA Notice delivered to Executive concurrently with this Release shall be null and void ab initio, and Employee acknowledges and agrees that he will not receive the benefits provided by this Release or in the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this Release.

Acknowledgement of Waiver of Claims Under ADEA. Employee Xxxxx acknowledges that, pursuant to Section 2 hereof, he is that you are knowingly and voluntarily waiving and releasing any rights he may have against the Employer Parties under the Age Discrimination in Employment Act of 1967 and that this waiver and release is knowing and voluntaryADEA, as amended. Employee He also acknowledges that the consideration given for this the waiver and release in this Agreement is in addition to anything of value to which Employee he was already entitled. Employee He further acknowledges that he has been advised by this writing, as required by the ADEA, that: (a) he has had at least carefully read and fully understands the provisions of this Agreement; (b) he is, through this Agreement, releasing the Company from any and all claims he may have against it, its parent, subsidiaries, predecessors, successors, affiliates and related entities; (c) he has knowingly and voluntarily agreed to all of the terms set forth in the agreement; (d) he knowingly and voluntarily intends to be legally bound by the Agreement; (e) his waiver and release do not apply to any rights or claims that may arise after the Effective Date of this Agreement; (f) he has been advised hereby that he has the right to consult with an attorney prior to executing this Agreement; (g) he has twenty-one (21) days to consider and review the terms of this Release or has knowingly and Agreement (although he may choose to voluntarily waived his right to do soexecute this Agreement earlier); (bh) he has been advised by the Employer Parties to consult with his attorney regarding the terms of this Release; (c) any and all questions regarding the terms of this Release have been asked and answered to his complete satisfaction; (d) he has read this Release and fully understands its terms and their import; and (e) the consideration provided for herein is good and valuable. Employee understands that he may revoke this Release, in writing within seven (7) days following the execution of this Agreement to revoke the Execution Date, Agreement; and (i) this Release Agreement shall not become be effective and enforceable until such the date upon which the revocation period has expired (the “Revocation Period”). In the event that Employee revokes this Release prior to the expiration of the Revocation Periodexpired, this Release which shall be null and void ab initiothe eighth day after this Agreement is executed by him, and Employee acknowledges and agrees provided that he will not receive the benefits provided Company has also executed this Agreement by this Release or in the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this Releasethat date.

Acknowledgement of Waiver of Claims Under ADEA. Employee expressly acknowledges that, pursuant to Section 2 hereof, he is waiving and releasing any rights he may have against the Employer Parties under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee acknowledges that the consideration given for this waiver and release of claims under the ADEA is in addition to anything of value to which Employee he was already entitled. Employee further acknowledges that acknowledges: (a) he has had been by this writing that he should consult with an attorney prior to executing this Agreement; (b) he has carefully read and fully understands all of the provisions of this Agreement; (c) he is, through this Agreement, releasing the Company from any and all claims he may have against it; (d) he understands and agrees that this waiver and release does not apply to any claims that may arise under the ADEA after the date he executes this Agreement; (e) he has at least twenty-one (21) days within which to consider and review the terms of this Release or has knowingly and voluntarily waived his right to do soAgreement; (bf) he has been advised by the Employer Parties to consult with his attorney regarding the terms of this Release; (c) any and all questions regarding the terms of this Release have been asked and answered to his complete satisfaction; (d) he has read this Release and fully understands its terms and their import; and (e) the consideration provided for herein is good and valuable. Employee understands that he may revoke this Release, in writing within seven (7) days following his execution of this Agreement to revoke the Execution Date, and this Release shall not become effective and enforceable until such period has expired Agreement (the “Revocation Period”); and (g) this Agreement shall not be effective until the Revocation Period has expired. In the event that Employee revokes this Release prior Any revocation should be in writing and delivered to the expiration of the Revocation Periodattention of: Lxxxxxx X. Xxxx, this Release shall be null and void ab initioBearingPoint, and Employee acknowledges and agrees that he will not receive the benefits provided by this Release or in the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this ReleaseInc., O’Xxxx Plaza, 8000 X. Xxxxxxx Road, Chicago, Illinois, 60631.

Acknowledgement of Waiver of Claims Under ADEA. Employee expressly acknowledges that, pursuant to Section 2 hereof, that he is waiving voluntarily, irrevocably and unconditionally releasing any and forever discharging the Company and its respective present and former parents, subsidiaries, divisions, affiliates, branches, insurers, agencies, and other offices from all rights or claims he has or may have against the Employer Parties Company including, but not limited to, without limitation, all charges, claims of money, demands, rights, and causes of action arising under the Age Discrimination in Employment Act of 1967 1967, as amended (“ADEA”), prior to and that including the date of execution of this waiver Agreement including, but not limited to, all claims of age discrimination in employment and release is knowing and voluntaryall claims of retaliation in violation of ADEA. Employee further acknowledges that the consideration given for this waiver and release of claims under the ADEA is in addition to anything of value to which Employee he was already entitledentitled in the absence of this waiver. Employee further acknowledges that acknowledges: (a) that he has had been informed by this writing that he should consult with an attorney prior to executing this Agreement; (b) that he has carefully read and fully understands all of the provisions of this Agreement; (c) he is, through this Agreement, releasing the Company from any and all claims he may have against it; (d) he understands and agrees that this waiver and release does not apply to any claims that may arise under the ADEA after the date he executes this Agreement; (e) he has at least twenty-one (21) days within which to consider this Agreement; and review the terms of this Release or has knowingly and voluntarily waived his right to do so; (bf) he has been advised by the Employer Parties to consult with his attorney regarding the terms of this Release; (c) any and all questions regarding the terms of this Release have been asked and answered to his complete satisfaction; (d) he has read this Release and fully understands its terms and their import; and (e) the consideration provided for herein is good and valuable. Employee understands that he may revoke this Release, in writing within seven (7) days following his execution of this Agreement to revoke the Execution Date, Agreement (as provided in Section 23 of this Agreement); and (g) this Release Agreement shall not become be effective and enforceable until such the revocation period has expired (the “Revocation Period”). In the event that Employee revokes this Release prior to the expiration of the Revocation Period, this Release shall be null and void ab initio, and Employee acknowledges has signed and agrees that he will has not receive revoked the benefits provided by this Release or in the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this Release.

Acknowledgement of Waiver of Claims Under ADEA. Employee Executive understands and acknowledges that, pursuant to Section 2 hereof, he that Executive is waiving and releasing any rights he Executive may have against the Employer Parties under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee 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 date Executive signs this Release. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further understands and acknowledges that Executive has been advised by this writing that: (a) he Executive has had at least a right, and the Company is herein advising Executive, to consult with an attorney prior to executing this Release; (b) Executive has up to twenty-one (21) days within which to consider and review the terms of this Release or has knowingly and voluntarily waived his right to do so; (b) he has been advised by the Employer Parties to consult with his attorney regarding the terms of this Release; (c) any and all questions regarding the terms of this Release have been asked and answered parties agree that such time period to his complete satisfaction; (d) he has read this Release and fully understands its terms and their import; and (e) the consideration provided for herein is good and valuable. Employee understands that he may revoke this Release, in writing within seven (7) days of the Execution Date, and review this Release shall not become effective and enforceable until such period has expired (the “Revocation Period”). In the event that Employee revokes be extended upon any material or immaterial changes to this Release; if Executive signs this Release prior to the expiration of such review period, Executive does so voluntarily and waives the Revocation Periodremainder of the review period; (c) Executive has up to seven (7) days immediately following Executive’s execution of this Release to revoke this Release by providing written notice to the Secretary of the Company; and (d) provided Executive has returned Executive’s executed Release to the Company within twenty-one (21) days of receipt and has not revoked this Release as provided herein, this Release shall be null and void ab initio, and Employee acknowledges and agrees that he will not receive become effective on the benefits provided by this Release or in eighth (8th) day after it is signed (the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this Release“Effective Date”).

Acknowledgement of Waiver of Claims Under ADEA. Employee expressly acknowledges that, pursuant to Section 2 hereof, he she is waiving and releasing any rights he she may have against the Employer Parties under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee acknowledges that the consideration given for this waiver of claims under the 10 Separation and release Release of Claims Agreement ADEA is in addition to anything of value to which Employee she was already entitled. Employee further acknowledges that acknowledges: (a) he she has had been advised by this writing to consult with an attorney prior to executing this Agreement and has done so; (b) she has carefully read and fully understands all of the provisions of this Agreement; (c) she is, through this Agreement, releasing the Company from any and all claims she may have against it; (d) she understands and agrees that this waiver and release does not apply to any claims that may arise under the ADEA after the date she executes this Agreement; (e) she has at least twenty-one (21) days within which to consider and review the terms of this Release or has knowingly and voluntarily waived his right to do soAgreement; (bf) he she has been advised by the Employer Parties to consult with his attorney regarding the terms of this Release; (c) any and all questions regarding the terms of this Release have been asked and answered to his complete satisfaction; (d) he has read this Release and fully understands its terms and their import; and (e) the consideration provided for herein is good and valuable. Employee understands that he may revoke this Release, in writing within seven (7) days following her execution of this Agreement to revoke the Execution Date, and this Release shall not become effective and enforceable until such period has expired Agreement (the “Revocation Period”); and (g) this Agreement shall not be effective until the Revocation Period has expired. In the event that Employee revokes this Release prior Any revocation should be in writing and delivered to the expiration of the Revocation Periodattention of: Xxxxxxx X. Xxxx, this Release shall be null and void ab initioBearingPoint, and Employee acknowledges and agrees that he will not receive the benefits provided by this Release or in the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this ReleaseInc., X’Xxxx Plaza, 0000 X. Xxxxxxx Road, Chicago, Illinois, 60631.

Acknowledgement of Waiver of Claims Under ADEA. Employee expressly acknowledges that, pursuant to Section 2 hereof, that he is waiving voluntarily, irrevocably and unconditionally releasing any and forever discharging Employer and its respective present and former parents, subsidiaries, divisions, affiliates, branches, insurers, agencies, and other offices from all rights or claims he has or may have against the Employer Parties including, but not limited to, without limitation, all charges, claims of money, demands, rights, and causes of action arising under the Age Discrimination in Employment Act of 1967 1967, as amended (“ADEA”), including, but not limited to, all claims of age discrimination in employment and that this waiver and release is knowing and voluntaryall claims of retaliation in violation of ADEA. Employee further acknowledges that the consideration given for this waiver and release of claims under the ADEA is in addition to anything of value to which Employee he was already entitledentitled in the absence of this waiver. Employee further acknowledges that acknowledges: (a) that he has had been informed by this writing that he should consult with an attorney prior to executing this Agreement; (b) that he has carefully read and fully understands all of the provisions of this Agreement; (c) he is, through this Agreement, releasing Employer from any and all claims he may have against it; (d) he understands and agrees that this waiver and release does not apply to any claims that may arise under the ADEA after the date he executes this Agreement; (e) he has at least twenty-one (21) days within which to consider this Agreement; and review the terms of this Release or has knowingly and voluntarily waived his right to do so; (bf) he has been advised by the Employer Parties to consult with his attorney regarding the terms of this Release; (c) any and all questions regarding the terms of this Release have been asked and answered to his complete satisfaction; (d) he has read this Release and fully understands its terms and their import; and (e) the consideration provided for herein is good and valuable. Employee understands that he may revoke this Release, in writing within seven (7) days following his execution of this Agreement to revoke the Execution Date, Agreement (as provided in Section 17 of this Agreement); and (g) this Release Agreement shall not become be effective and enforceable until such the revocation period has expired (the “Revocation Period”). In the event that Employee revokes this Release prior to the expiration of the Revocation Period, this Release shall be null and void ab initio, and Employee acknowledges has signed and agrees that he will has not receive revoked the benefits provided by this Release or in the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this Release.

Acknowledgement of Waiver of Claims Under ADEA. Employee acknowledges that, pursuant to Section 2 hereof, he that Employee is waiving and releasing any rights he Employee may have against the Employer Parties under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee signs this Agreement. Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee has been advised by this writing that: (a) he Employee should consult with an attorney prior to executing this Agreement; (b) Employee has had at least twenty-one (21) days within which to consider and review the terms of this Release or has knowingly and voluntarily waived his right to do so; (b) he has been advised by the Employer Parties to consult with his attorney regarding the terms of this ReleaseAgreement; (c) any and all questions regarding the terms Employee has seven (7) days following Employee’s execution of this Release have been asked and answered Agreement to his complete satisfactionrevoke this Agreement; (d) he this Agreement shall not be effective until after the revocation period has read this Release and fully understands its terms and their importexpired; and (e) the consideration provided for herein is nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good and valuable. Employee understands that he may revoke this Release, in writing within seven (7) days faith of the Execution Datevalidity of this waiver under the ADEA, and this Release shall not become effective and enforceable until such period has expired (the “Revocation Period”)nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that Employee revokes has knowingly and voluntarily chosen to waive the time period allotted for considering this Release Agreement. Employee 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 expiration Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the Revocation Period, this Release shall be null and void ab initio, and Employee acknowledges and agrees that he will not receive the benefits provided by this Release or in the Employment Agreement (including payment under Section 7(c) of the Employment Agreement) if he revokes this Release21-day period.

Acknowledgement of Waiver of Claims Under ADEA. Employee Foxx expressly acknowledges that, pursuant to Section 2 hereof, that he is waiving voluntarily, irrevocably and unconditionally releasing any and forever discharging BKEP and its respective present and former parents, subsidiaries, divisions, affiliates, branches, insurers, agencies, and other offices from all rights or claims he has or may have against the Employer Parties BKEP including, but not limited to, without limitation, all charges, claims of money, demands, rights, and causes of action arising under the Age Discrimination in Employment Act of 1967 1967, as amended (“ADEA”), including, but not limited to, all claims of age discrimination in employment and that this waiver and release is knowing and voluntaryall claims of retaliation in violation of ADEA. Employee Foxx further acknowledges that the consideration given for this waiver and release of claims under the ADEA is in addition to anything of value to which Employee he was already entitledentitled in the absence of this waiver. Employee Foxx further acknowledges that acknowledges: (a) that he has had at least twenty-one (21) days been informed by this writing that he should consult with an attorney prior to consider and review the terms of executing this Release or has knowingly and voluntarily waived his right to do soAgreement; (b) that he has been advised by carefully read and fully understands all of the Employer Parties to consult with his attorney regarding the terms provisions of this ReleaseAgreement; (c) he is, through this Agreement, releasing BKEP from any and all questions regarding claims pursuant to the terms of this Release have been asked and answered to his complete satisfactionADEA through the date hereof; (d) he understands and agrees that this waiver and release does not apply to any claims that may arise under the ADEA after the date he executes this Agreement; (e) he has read at least 45 days within which to consider this Release and fully understands its terms and their importAgreement; and (ef) he has seven days following his execution of this Agreement to revoke the consideration Agreement (as provided for herein is good in Section 17 of this Agreement); and valuable. Employee understands that he may revoke (g) this Release, in writing within seven (7) days of the Execution Date, and this Release Agreement shall not become be effective and enforceable until such the revocation period has expired (and Foxx has signed and has not revoked the “Revocation Period”)Agreement. In the event that Employee revokes this Release prior to the expiration Attached as Appendix A is a list of the Revocation Period, this Release shall be null job titles and void ab initio, and Employee acknowledges and agrees that he will not receive the benefits provided by this Release or ages of all individuals in the Employment Agreement same organizational unit (including payment under Section 7(ccorporate headquarters) and same or similar job (executive officer) who are part of the Employment AgreementNovember 2009 reduction in force. Attached as Appendix B is a list of the ages of all individuals in the same organizational unit (corporate headquarters) if he revokes this Releaseand same or similar job (executive officer) who are being retained.