Common use of Acknowledgment of Waiver of Claims under ADEA Clause in Contracts

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that Employee is waiving and releasing any rights Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. 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 Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement 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) Employee should consult with an attorney prior to executing this Agreement; (b) Employee has at least twenty-one (21) days within which to consider this Agreement; (c) Employee has seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 or costs for doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Employee signs this Agreement.

Appears in 12 contracts

Samples: Change of Control Agreement, Change of Control Agreement, Change of Control Agreement (Juniper Networks Inc)

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Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that Employee is knowingly and voluntarily waiving and releasing any rights Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) , and that this the consideration given for the waiver and release in this Section 3 is knowing and voluntaryin addition to anything of value to which Employee is already entitled. Employee and further acknowledges that Employee has been advised, as required by the Company agree that this ADEA, that: (a) Employee’s waiver and release does do not apply to any rights or claims that may arise under the ADEA after the Effective Date of date Employee signs this Release Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement 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 ; (ab) Employee should consult with an attorney prior to executing signing this AgreementRelease Agreement (although Employee may choose voluntarily not to do so); (bc) Employee has at least twenty-one (21) days within which to consider this AgreementRelease Agreement (although Employee may choose voluntarily to sign it earlier); (cd) Employee has seven (7) days following the execution of date Employee signs this Release Agreement by the parties to revoke the AgreementRelease Agreement (by providing written notice of Employee’s revocation to the Legal Department at XOMA); and (de) this Release Agreement shall will not be effective until the date upon which the revocation period has expired; and , which will be the eighth (e8th) nothing in this Agreement prevents or precludes 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 or costs for doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh day from after the date that this Release Agreement is signed by Employee signs this Agreementprovided that Employee does not revoke it (the “Effective Date”).

Appears in 10 contracts

Samples: Officer Employment Agreement (XOMA Corp), Officer Employment Agreement (XOMA Corp), Officer Employment Agreement (XOMA Corp)

Acknowledgment of Waiver of Claims under ADEA. Employee Executive understands and acknowledges that Employee Executive is waiving and releasing any rights Employee Executive may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) ), and that this waiver and release is knowing and voluntary. Employee Executive understands and the Company agree 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 date Executive signs this Agreement. Employee Executive understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further understands and acknowledges that Employee Executive has been advised by this writing that that: (a) Employee Executive should consult with an attorney prior to executing this Agreement; (b) Employee Executive has at least twenty-one ([21) ] days within which to consider this Agreement, and the Parties agree that such time period to review this Agreement shall not be extended upon any material or immaterial changes to this Agreement; (c) Employee Executive has seven (7) business days following the Executive’s execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the AgreementGeneral Counsel 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 Employee 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 penalties, or costs for doing so, unless specifically authorized by federal law. Any revocation should be in writing In the event Executive signs this Agreement and delivered returns it to the Vice-President of Human Resources at Company in less than the Company by close of business on [21] day period identified above, Executive hereby acknowledges that Executive has freely and voluntarily chosen to waive the seventh day from the date that Employee signs time period allotted for considering this Agreement.

Appears in 7 contracts

Samples: Employment Agreement (Latch, Inc.), Severance Benefits Agreement (Latch, Inc.), Employment Agreement (Latch, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that Employee is waiving and releasing any rights Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. 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 Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement 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) Employee should consult with an attorney prior to executing this Agreement; (b) Employee has at least twenty-one (21) days within which to consider this Agreement; (c) Employee has seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 or costs for doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh (7th) day from the date that Employee signs this Agreement.

Appears in 6 contracts

Samples: Change of Control and Retention Agreement (Jive Software, Inc.), Change of Control and Retention Agreement (Jive Software, Inc.), Change of Control and Retention Agreement (Jive Software, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that Employee he is waiving and releasing any rights Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) ), and that this waiver and release is knowing and voluntary. 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 Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee he has been advised by this writing that that: (a) Employee he should consult with an attorney prior to executing this Agreement; (b) Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) Employee he has seven (7) days following the his execution of this Agreement by the parties to revoke the 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 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. Any revocation should be in writing and delivered to In the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that 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.

Appears in 3 contracts

Samples: Separation Agreement (Bubblr Inc.), Separation Agreement (Resonate Blends, Inc.), Separation Agreement (Resonate Blends, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that Employee he is waiving and releasing any rights Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA”) "), and that this waiver and release is knowing and voluntary. 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 Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee he/she has been advised by this writing that that: (a) Employee he should consult with an attorney prior to executing this Agreement; (b) Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) Employee he has seven (7) days following the his execution of this Agreement by the parties to revoke the 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 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. Any revocation should be in writing and delivered to In the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that 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.

Appears in 3 contracts

Samples: Separation Agreement (Ab International Group Corp.), Separation Agreement (Ab International Group Corp.), Separation Agreement (Ab International Group Corp.)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that Employee he is waiving and releasing any rights Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. 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 Date effective date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee he has been advised by this writing that (a) Employee he should consult with an attorney prior to executing this Agreement; (b) Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) Employee he has seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 or costs for doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Employee signs this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Hawaiian Holdings Inc), Employment Agreement (Hawaiian Holdings Inc), Employment Agreement (Hawaiian Holdings Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that Employee is waiving and releasing any rights Employee may have under the Age Discrimination in Employment Act of 1967 (the “ADEA”) and that this the waiver and release is are knowing and voluntary. Employee and the Company agree that this the waiver and release does do 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 Agreement 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) Employee should consult with an attorney prior to executing this Agreement; (b) Employee has at least [twenty-one (21) 21)][forty-five (45)]1 days within which to consider this Agreement; (c) Employee has seven (7) days following the execution of this Agreement by the parties to revoke this Agreement (the Agreement“Revocation Period”) by giving written, signed and dated notice of revocation to [ENTER CONTACT FOR RECEIPT OF NOTICE OF REVOCATION]; and (d) this Agreement shall not be effective until the Revocation Period has expired without such notice of revocation period has expired; and having been given (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of such date being referred to herein as 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. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Employee signs this Agreement“Effective Date”).

Appears in 2 contracts

Samples: Executive Service Agreement (RhythmOne PLC), Executive Service Agreement (RhythmOne PLC)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that Employee he is waiving and releasing any rights Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. 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 Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee he has been advised by this writing that (a) Employee he should consult with an attorney prior to executing this Agreement; (b) Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) Employee he has at least seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; (d) this Agreement Agreement, and all of the terms and conditions hereof, shall not be effective until the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 or costs for from doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Employee signs this Agreement.

Appears in 2 contracts

Samples: Settlement Agreement (Genesis Microchip Inc /De), Settlement Agreement (Genesis Microchip Inc /De)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that Employee is waiving and releasing any rights Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee and the Company agree 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 AgreementRelease. Employee acknowledges that the consideration given for this waiver and release Agreement 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 that: (a) Employee should consult with an attorney prior to executing this AgreementRelease; (b) Employee has at least twenty-one (21) days within which to consider this AgreementRelease; (c) Employee has seven (7) days following the execution of this Agreement Release by the parties Parties to revoke the AgreementRelease; (d) this Agreement Release shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement Release prevents or precludes 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 or costs for from doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Employee signs this Agreement.

Appears in 1 contract

Samples: Retention Bonus Agreement (Symphonix Devices Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges --------------------------------------------- that Employee is waiving and releasing any rights Employee may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee and the Company Excite@Home agree 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. Release, Employee acknowledges that the consideration given for this waiver and release Agreement is Release in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee has been advised by this writing that that: (a) Employee should consult with an attorney prior to executing this Agreement; Release; (b) Employee has had at least twenty-one (21) days within which to consider this Agreement; Release, although Employee may accept the terms of this Release at any time within those 21 days; (c) Employee has seven (7) days following the execution of this Agreement Release by the parties to revoke the Agreementthis Release; and (d) this Agreement shall This Release will not be effective until the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 or costs for doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Employee signs this Agreement.

Appears in 1 contract

Samples: Confidential Agreement and General Release of Claims (At Home Corp)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that Employee he is waiving and releasing any rights Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. 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 Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee he has been advised by this writing that that: (a) Employee he should consult with an attorney prior to executing this Agreement; ; (b) Employee he has at least twentyup to forty-one five (2145) days within which to consider this Agreement; ; (c) Employee he has been advised in writing by the Company of the class, unit, or group of individuals covered by the severance program, any eligibility factors for the program, any time limits applicable to the program, and the job titles and ages of all individuals who participated and did not participate in the program, as reflected in Exhibits B and C, attached hereto; (d) he has seven (7) days following the his execution of this Agreement by the parties to revoke the Agreement; ; (de) this Agreement shall not be effective until the revocation period has expired; and and (ef) nothing in this Agreement prevents or precludes 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 or costs for from doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Employee signs this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Avanex Corp)

Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that Employee he is waiving and releasing any rights Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) ), and that this waiver and release is knowing and voluntary. Employee understands and the Company agree 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 understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that Employee he has been advised by this writing that that: (a) Employee he should consult with an attorney prior to executing this Agreement; (b) Employee he has at least [twenty-one (21) 21)]† days within which to consider this Agreement; (c) Employee he has seven (7) 7 days following the his execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the Agreementof 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 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. Any revocation should be in writing and delivered to In the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that event Employee signs this Agreement and returns it to the Company in less than the twenty-one (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.

Appears in 1 contract

Samples: Employment Agreement (YogaWorks, Inc.)

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Acknowledgment of Waiver of Claims under ADEA. Employee understands and acknowledges that Employee she is waiving and releasing any rights Employee she may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) ), and that this waiver and release is knowing and voluntary. Employee understands and the Company agree 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 understands and acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that Employee she has been advised by this writing that that: (a) Employee she should consult with an attorney prior to executing this Agreement; (b) Employee she has at least [twenty-one (21) 21)]† days within which to consider this Agreement; (c) Employee she has seven (7) 7 days following the his execution of this Agreement by the parties to revoke this Agreement pursuant to written notice to the Agreement_ 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 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. Any revocation should be in writing and delivered to In the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that event Employee signs this Agreement and returns it to the Company in less than the twenty-one (21) day period identified above, Employee hereby acknowledges that she has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Employment Agreement (YogaWorks, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Employee --------------------------------------------- acknowledges that Employee he is waiving and releasing any rights Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. 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 Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee he has been advised by this writing that (a) Employee he should consult with an attorney prior to executing this Agreement; (b) Employee he has at least twenty-one (21) ----- days within which to consider this Agreement; (c) Employee he has at least seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired; and (e) nothing . Nothing in this Agreement prevents or precludes 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 or costs for doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Employee signs this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Emachines Inc /De/)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that Employee he is waiving and releasing any rights Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. 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 Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee he has been advised by this writing that (a) Employee he should consult with an attorney prior to executing this Agreement; (b) Employee he has at least twenty-one (21) days within which to consider this Agreement; (c) Employee he has seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; (d) this Agreement shall not be effective until the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 or costs for doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the Vice-President of Human Resources [__________________] at the Company by close of business on the seventh day from the date that Employee signs this Agreement.

Appears in 1 contract

Samples: Severance Benefits Agreement (Active Power Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges --------------------------------------------- that Employee he is waiving and releasing any rights Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. 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 Date of this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee he has been advised by this writing that (a) Employee he should consult with an attorney prior to executing this Agreement; (b) Employee he has at least twenty-twenty- ----- one (21) days within which to consider this Agreement; (c) Employee he has at least seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired; and (e) nothing . Nothing in this Agreement prevents or precludes 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 or costs for doing so, unless specifically authorized by federal law. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Employee signs this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Emachines Inc /De/)

Acknowledgment of Waiver of Claims under ADEA. Employee Xx. Xxxx acknowledges --------------------------------------------- that Employee he is waiving and releasing any rights Employee he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Employee Xx. Xxxx 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 Date of this Agreement. Employee Xx. Xxxx acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Xx. Xxxx was already entitled. Employee Xx. Xxxx further acknowledges that Employee he has been advised by this writing that (a) Employee he should consult with an attorney prior to executing this Agreement; (b) Employee he has at least twenty-twenty- ----- one (21) days within which to consider this Agreement; (c) Employee he has seven (7) days following the his execution of this Agreement by the parties to revoke the Agreement; Agreement (d) this the "Revocation Period"). This Agreement shall not be effective until the revocation period Revocation Period has expired; and (e) nothing . Nothing in this Agreement prevents or precludes Employee Xx. Xxxx 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. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Employee signs this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Crossworlds Software Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that Employee he is waiving and releasing any rights Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. 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 Date of date on which Employee signs this Agreement. Employee acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee he has been advised by this writing that (a) Employee he should consult with an attorney prior to executing this Agreement; (b) Employee he has at least twenty-one (21) days within which to consider this AgreementAgreement before signing it; (c) Employee he has seven (7) days following the execution of date he signs this Agreement by the parties to revoke the Agreement, by providing written notice of revocation to the Company’s General Counsel, by midnight on the seventh day following the date on which he signs this Agreement; and (d) this Agreement shall not be effective or enforceable, and Employee shall not be entitled to any consideration under this Agreement or otherwise (except for earned salary and benefits earned at the Termination Date) until the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith expired without Employee’s revocation 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. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Employee signs this Agreement.

Appears in 1 contract

Samples: Executive Employment Agreement (West Marine Inc)

Acknowledgment of Waiver of Claims under ADEA. Employee acknowledges that Employee is waiving and releasing any rights Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) ), and that this waiver and release is knowing and voluntary. Employee and the Company agree 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 date Employee signs this AgreementSupplemental Release. Employee acknowledges that the consideration given for this waiver and release Agreement 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 that: (a) Employee should consult with an attorney prior to executing this AgreementSupplemental Release; (b) Employee has at least twenty-one (21) days within which to consider this AgreementSupplemental Release, as set forth herein; (c) Employee has seven (7) days following the Employee’s execution of this Agreement by the parties Supplemental Release to revoke the Agreementthis Supplemental Release; (d) this Agreement Supplemental Release shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement Supplemental Release prevents or precludes 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. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Employee signs this Agreement.federal

Appears in 1 contract

Samples: Separation and Transition Agreement (Elastic N.V.)

Acknowledgment of Waiver of Claims under ADEA. Employee Executive acknowledges that Employee he is waiving and releasing any rights Employee he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) and that this waiver and release is knowing and voluntary. Employee Executive 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 Date of this AgreementRelease. Employee Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Employee Executive was already entitled. Employee Executive further acknowledges that Employee he has been advised by this writing that that: (a) Employee he should consult with an attorney prior to executing this Agreement; Release; (b) Employee he has at least up to twenty-one (21) days within which to consider this Agreement; Release; (c) Employee he has seven (7) days following the his execution of this Agreement by the parties Release to revoke the Agreementthis Release; to revoke this Release, a notice of revocation must be delivered to Txx Xxxxxxx within 7 days, at 4000 Xxxxxxx Xxxxx, Xxxxxx, XX 00000; (d) this Agreement ADEA waiver shall not be effective until the revocation period has expired; and and, (e) nothing in this Agreement Release prevents or precludes Employee 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. Any revocation should be in writing and delivered to the Vice-President of Human Resources at the Company by close of business on the seventh day from the date that Employee signs this Agreement.

Appears in 1 contract

Samples: Change in Control Agreement (Cree Inc)

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