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

Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive 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 acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive 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 twenty-one (21) days within which to consider this Agreement; (c) 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 after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 from doing so, unless specifically authorized by federal law.

Appears in 3 contracts

Samples: Separation Agreement and Release (Sagent Technology Inc), Separation Agreement and Release (Sagent Technology Inc), Transition Agreement (Cholestech Corporation)

AutoNDA by SimpleDocs

Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") ”), and that this waiver and release is knowing and voluntary. Executive 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 acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive 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 twenty-one (21) days within which to consider this Agreement; (c) 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 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 from for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21-day period identified above, Executive 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 (NovaBay Pharmaceuticals, Inc.), Separation Agreement and Release (Obagi Medical Products, Inc.), Severance Agreement and Release (Polycom Inc)

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

Appears in 2 contracts

Samples: Separation Agreement and Release, Separation Agreement and Release (Salesforce Com Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive agrees 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. , Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has at least twenty-one (21) days within which to consider this Agreement; (c) 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 after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 from for doing so, unless specifically authorized by federal law.by

Appears in 2 contracts

Samples: Severance Agreement (eHealth, Inc.), Severance Agreement (eHealth, Inc.)

Acknowledgment of Waiver of Claims under ADEA. The Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Executive agrees 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. The Executive acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which the Executive was already entitled. The Executive further acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has at least twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following the execution of this Agreement by the parties Parties to revoke the Agreement; and (d) this Agreement shall not be effective until after the revocation period has expired; . Any revocation should be in writing and delivered to the Company by the close of business on the seventh (e7th) nothing in day from the date that the Executive signs this Agreement prevents or precludes 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 from doing so, unless specifically authorized by federal lawAgreement.

Appears in 2 contracts

Samples: Severance Agreement (Cholestech Corporation), Severance Agreement (Cholestech Corporation)

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

Appears in 2 contracts

Samples: Employment Agreement (Ellie Mae Inc), Employment Agreement (Ellie Mae Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive agrees 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. Executive Employee acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) 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 after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from for doing so, unless specifically authorized by federal law.

Appears in 2 contracts

Samples: Separation Agreement and Release (Skillsoft Public Limited Co), Agreement and Release (Skillsoft Public Limited Co)

Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive 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 acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive 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 twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following the execution of this Agreement by the parties Parties to revoke the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Severance Agreement and Release (Avanex Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive Consultant acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive agrees Consultant 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. Executive Consultant acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Consultant was already entitled. Executive Consultant further acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has 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 after the revocation period has expired; . Any revocation should be in writing and delivered to the President and Chief Executive Officer at the Company, by close of business on the seventh (e7th) nothing in day from the date that Consultant signs this Agreement prevents or precludes 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 from doing so, unless specifically authorized by federal lawAgreement.

Appears in 1 contract

Samples: Agreement (Novell Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") ), and that this waiver and release is knowing and voluntary. Executive 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 acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive 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 twenty-one (21) days within which to consider this Agreement; (c) 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 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 from for doing so, unless specifically authorized by federal law. In the event Executive signs this Agreement and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement.

Appears in 1 contract

Samples: Separation and Release of Claims Agreement (Td Ameritrade Holding Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive Director acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive agrees Director 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. Executive Director acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Director was already entitled. Executive Director further acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following the execution of this Agreement by the parties Director to revoke the AgreementAgreement (the “Revocation Period”); and (d) this Agreement shall not be effective with regard to ADEA claims until after the revocation period has expired; and (e) nothing in . Director also acknowledges that his right to revoke acceptance of this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of ends after the validity seventh day following his execution of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal lawAgreement and he shall have no further right to revoke his acceptance of this Agreement after such date.

Appears in 1 contract

Samples: Separation Agreement and Release (Unify Corp)

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

Appears in 1 contract

Samples: Release of Claims (Tintri, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive Employee acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive 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 AgreementRelease. Executive Employee acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive Employee was already entitled. Executive Employee further acknowledges that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this AgreementRelease; (b) he has twenty-one (21) days within which to consider this AgreementRelease; (c) he 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 Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Severance and Release Agreement (Symphonix Devices Inc)

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

Appears in 1 contract

Samples: Severance Agreement and Release of Claims (Access Health Inc)

AutoNDA by SimpleDocs

Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive agrees 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. Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has at least twenty-one (21) days within which to consider this Agreement; (c) 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 after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 from 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 Executive signs this Agreement.

Appears in 1 contract

Samples: Change in Control and Severance Agreement (Hawaiian Holdings Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive 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 Separation Agreement. Executive acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further acknowledges that he has been advised by this writing that: (ai) he should consult with an attorney prior to executing this Separation Agreement; (bii) he has twenty-one (21) days within which to consider this Separation Agreement; (ciii) he has seven (7) days following the execution of this Separation Agreement by the parties to revoke the Separation Agreement; and (div) this Separation Agreement shall not be effective until after the revocation period has expired; and (e) nothing . Should Executive decide to revoke this Separation Agreement, notice of revocation must be delivered in this Agreement prevents writing to the Chief Executive Officer or precludes Executive from challenging or seeking a determination in good faith Chairman of the validity Board of this waiver under Directors of the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal lawCompany.

Appears in 1 contract

Samples: Separation Agreement and Release (Calico Commerce Inc/)

Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive agrees 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 the Agreement. Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has at least twenty-one (21) days within which to consider this Agreement; (c) 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 after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Confidential Severance Agreement and Release (Metacreations Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive agrees 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 this AgreementAgreement is signed by Executive. Executive acknowledges that the consideration given for this waiver and release agreement is in addition to anything of value to which Executive was already entitled. Executive further acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has could have at least twenty-one (21) days within which to consider this AgreementAgreement and that if he voluntarily chooses not to utilize the full twenty-one (21) calendar days, he has had a fully adequate opportunity to review this Agreement before signing it; (c) he has at least seven (7) days following the execution of this Agreement by the parties to revoke or rescind the Agreement; and (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Executive Severance Agreement and Release of Claims (Command Center, Inc.)

Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive 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 acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive 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 twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following the his execution of this Agreement by the parties to revoke the Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Severance Agreement and Release (Avanex Corp)

Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive agrees 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. Executive acknowledges that the consideration given for this waiver and release Agreement is in addition to anything of value to which Executive was already entitled. Executive further acknowledges that he has been advised by this writing that: that (a) he should consult with an attorney prior to executing this Agreement; (b) he has at least twenty-one (21) days within which to consider this Agreement; (c) 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 after the revocation period has expired; and (e) nothing in this Agreement prevents or precludes 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 from 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 Executive signs this Agreement.

Appears in 1 contract

Samples: Change of Control and Retention Agreement (SALESFORCE.COM, Inc.)

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

Appears in 1 contract

Samples: Separation Agreement and Mutual Release (Access Health Inc)

Acknowledgment of Waiver of Claims under ADEA. Executive acknowledges that he Executive is waiving and releasing any rights he Executive may have under the Age Discrimination in Employment Act of 1967 ("ADEA") and that this waiver and release is knowing and voluntary. Executive 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. Executive acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Executive was already entitled. Executive further acknowledges that he Executive has been advised by this writing that: (a) he Executive should consult with an attorney prior to executing this AgreementRelease; (b) he Executive has twenty-one (21) days within which to consider this AgreementRelease; (c) he Executive has seven (7) days following the execution of this Agreement Release by the parties Parties to revoke the AgreementRelease; (d) this Agreement shall Release will not be effective until after the revocation period has expired; and (e) nothing in this Agreement Release prevents or precludes 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 from doing so, unless specifically authorized by federal law.

Appears in 1 contract

Samples: Severance Agreement (DT Midstream, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.