Common use of ADEA/OWBPA Waiver Clause in Contracts

ADEA/OWBPA Waiver. By agreeing to this provision, You release and waive any right or claim against the Company1 arising out of Your employment or the termination of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), and the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”) (such release and waiver referred to as the “Waiver”). You understand and agree that, (i) this Agreement is written in a manner that You understand; (ii) You do not release or waive rights or claims that may arise after You sign this Agreement; (iii) You waive rights and claims You may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are already entitled; (iv) You are advised to consult with an attorney before signing this Agreement; (v) You have [twenty-one (21)]/[forty-five (45)] calendar days from receipt of this Agreement to consider whether to sign it (the “Offer Period”). The Parties agree that the Company may revoke this offer at any time. However, if You sign before the end of the Offer Period, You acknowledge that Your decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vi) You have seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). If You revoke, the Agreement shall not be effective or enforceable and You shall not be entitled to the consideration set forth in this Agreement. To be effective, the revocation must be in writing and received by [TBD], prior to expiration of the Revocation Period; and (vii) this Waiver shall not become effective or enforceable until the Revocation Period has expired.

ADEA/OWBPA Waiver. By agreeing to this provision, You release and waive any right or claim against the Company1 arising out of Your employment or the termination of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), and the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”) (such release and waiver referred to as the “Waiver”). You understand and agree that, (i) this Agreement is written in a manner that You understand; (ii) You do not release or waive rights or claims that may arise after You sign this Agreement; (iii) You waive rights and claims You may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are already entitled; (iv) You are advised to consult with an attorney before signing this Agreement; (v) You have [twenty-twenty- one (21)]/[forty-five (45)] calendar days from receipt of this Agreement to consider whether to sign it (the “Offer Period”). The Parties agree that the Company may revoke this offer at any time. However, if You sign before the end of the Offer Period, You acknowledge that Your decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vi) You have seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). If You revoke, the Agreement shall not be effective or enforceable and You shall not be entitled to the consideration set forth in this Agreement. To be effective, the revocation must be in writing and received by [TBD], prior to expiration of the Revocation Period; and (vii) this Waiver shall not become effective or enforceable until the Revocation Period has expired.

ADEA/OWBPA Waiver. By agreeing to this provision, You release and waive any right or claim against the Company1 arising out of Your employment or the termination of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), and the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”) ), and the Georgia Prohibition of Age Discrimination in Employment, O.C.G.A. § 34-1-2 (such release and waiver referred to as the “Waiver”). You understand and agree that, (ia) this Agreement is written in a manner that You understand; (iib) You do not release or waive rights or claims that may arise after You sign this Agreement; (iiic) You waive rights and claims You may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are already entitled; (ivd) You are advised to consult with an attorney before signing this Agreement; (ve) You have [twenty-one (21)]/[forty-five (45)] 21) calendar days (the “Offer Period”) from receipt of this Agreement to consider whether to sign it (the “Offer Period”)it. The Parties agree that the Company may revoke this offer at any time. However, if If You sign before the end of the Offer Period, You acknowledge that Your decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vif) You have seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). If You revoke, the Agreement shall not be effective or enforceable enforceable, and You shall not be entitled to the consideration set forth in this Agreement. To be effective, the revocation must be in writing and received by [TBD]the Company’s Chief Legal and People Officer, Xxxx Xxxxxx, 000 Xxxxx xx Xxxx Ave, Suite 6000, Atlanta, Georgia 30308, prior to expiration of the Revocation Period; and (viig) this Waiver shall not become effective or enforceable until the Revocation Period has expired.

ADEA/OWBPA Waiver. By agreeing to this provision, You release and waive any right or claim against the Company1 arising out of Your employment or the termination of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), and the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”) (such release and waiver referred to as the “Waiver”). You understand and agree that, (ia) this Agreement is written in a manner that You understand; (iib) You do not release or waive rights or claims that may arise after You sign this Agreement; (iiic) You waive rights and claims You may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are already entitled; (ivd) You are advised to consult with an attorney before signing this Agreement; (ve) You have [twenty-one (21)]/[forty-five (45)] 21) calendar days (the “Offer Period”) from receipt of this Agreement to consider whether to sign it (the “Offer Period”)it. The Parties agree that the Company may revoke this offer at any time. However, if If You sign before the end of the Offer Period, You acknowledge that Your decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vif) You have seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). If You revoke, the Agreement shall not be effective or enforceable enforceable, and You shall not be entitled to the consideration set forth in this Agreement. To be effective, the revocation must be in writing and received by [TBD]the Company’s Chief Administrative Officer, at 000 Xxxxxxxx Xxxxxx, Suite E-100, Atlanta, GA 30303, prior to expiration of the Revocation Period; and (viig) this Waiver shall not become effective or enforceable until the Revocation Period has expired.

ADEA/OWBPA Waiver. By agreeing to this provision, You release and waive any right or claim against the Company1 arising out of Your employment or the termination of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), and the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”) (such release and waiver referred to as the “Waiver”). You understand and agree that, (i) this Agreement is written in a manner that You understand; (ii) You do not release or waive rights or claims that may arise after You sign this Agreement; (iii) You waive rights and claims You may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are already entitled; (iv) You are advised to consult with an attorney before signing this Agreement; (v) You have [twenty-one (21)]/[forty-five (45)] 21) calendar days from receipt of this Agreement to consider whether to sign it (the “Offer Period”). The Parties agree that the Company may revoke this offer at any time. However, if You sign before the end of the Offer Period, You acknowledge that Your decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vi) You have seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). If You revoke, the Agreement shall not be effective or enforceable and You shall not be entitled to the consideration set forth in this Agreement. To be effective, the revocation must be in writing and received by [TBD]the Company’s Chief Administrative Officer in the Human Resources Department, at 000 Xxxxxxxx Xxxxxx, Suite E-100, Atlanta, Georgia, 30303, prior to expiration of the Revocation Period; and (vii) this Waiver shall not become effective or enforceable until the Revocation Period has expired.

ADEA/OWBPA Waiver. By agreeing to this provision, You release Executive specifically releases and waive waives any right or claim against the Company1 company arising out of Your his employment or the termination his resignation of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), ) and the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”) (such release and waiver referred to as the “Waiver”). You understand Executive understands and agree that, agrees that (i) this Agreement is written in a manner that You understandhe understands; (ii) You do he does not release or waive rights or claims that may arise after You sign he signs this Agreement; (iii) You waive he waives rights and claims You he may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are he is already entitled; (iv) You are Executive has been advised to consult with an attorney before signing this Agreement; (v) You have [he has twenty-one (21)]/[forty-five (45)] 21) calendar days (the “Offer Period”) from receipt of this Agreement to consider whether to sign it (the “Offer Period”)it. The Parties agree that the Company may revoke this offer at any time. However, if You sign If Executive signs before the end of the Offer Period, You acknowledge Executive acknowledges that Your his decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree Executive agrees that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vi) You have Executive has seven (7) calendar days after signing this Agreement to revoke this Agreement the waiver (the “Revocation Period”). If You revoke, the Agreement shall not be effective or enforceable and You shall not be entitled to the consideration set forth in this Agreement. To be effective, the revocation must be in writing and received by [TBD], prior to expiration of the Revocation Period; ) and (vii) this Waiver shall not become effective or enforceable until the Revocation Period has expired. If Executive revokes the Waiver, Executive shall not be entitled to any benefits under the Severance Plan or CIC Agreement. To be effective, the revocation must be in writing and received by Xxxxxxx X. Xxxxxx, Chief Executive Officer, at the Company’s address set forth in Section 8. The “Effective Date” means the date as of which the Revocation Period expires without Executive having revoked the Waiver.

ADEA/OWBPA Waiver. By agreeing to this provision, You release Xx. Xxxxx also specifically releases and waive waives any right or claim against the Company1 Company, as defined in footnote 1, arising out of Your his employment or the termination his resignation of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), and the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”) ), or the Georgia Prohibition of Age Discrimination in Employment, O.C.G.A. § 34-1-2 (such release and waiver referred to as the “Waiver”). You understand Xx. Xxxxx understands and agree that, agrees that (i) this Agreement is written in a manner that You understandhe understands; (ii) You do he does not release or waive rights or claims that may arise after You sign he signs this Agreement; (iii) You waive he waives rights and claims You he may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are he is already entitled; (iv) You are Xx. Xxxxx has been advised to consult with an attorney before signing this Agreement; (v) You have [twenty-he has twenty one (21)]/[forty-five (45)] 21) calendar days (the “Offer Period”) from receipt of this Agreement to consider whether to sign it (the “Offer Period”)it. The Parties agree that the Company may revoke this offer at any timeIf Xx. However, if You sign Xxxxx signs before the end of the Offer Period, You acknowledge Xx. Xxxxx acknowledges that Your his decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree Xx. Xxxxx agrees that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vi) You have Xx. Xxxxx has seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). If You revokeXx. Xxxxx revokes, the Agreement shall not be effective or enforceable and You Xx. Xxxxx shall not be entitled to the consideration set forth payments or benefits provided for in Sections 3, 4(b), or 7 of this Agreement. To be effective, the revocation must be in writing and received by [TBD]Xxxx Xxxxxxxxxx, member of the Board of Directors, at Witness Systems, Inc., 000 Xxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxx, Xxxxxxx, 00000, prior to expiration of the Revocation Period; and (vii) this Waiver shall not become effective or enforceable until the Revocation Period has expired.

ADEA/OWBPA Waiver. By agreeing to this provision, You release and waive any right or claim against the Company1 arising out of Your employment or the termination of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), and the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”) (such release and waiver referred to as the “Waiver”). You understand and agree that, (i) this Agreement is written in a manner that You understand; (ii) You do not release or waive rights or claims that may arise after You sign this Agreement; (iii) You waive rights and claims You may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are already entitled; (iv) You are advised to consult with an attorney before signing this Agreement; (v) You have [twenty-one (21)]/[forty-five (45)] 21) calendar days from receipt of this Agreement to consider whether to sign it (the “Offer Period”). The Parties agree that the Company may revoke this offer at any time. However, if You sign before the end of the Offer Period, You acknowledge that Your decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vi) You have seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). If You revoke, the Agreement shall not be effective or enforceable and You shall not be entitled to the consideration set forth in this Agreement. To be effective, the revocation must be in writing and received by [TBDthe Company’s Vice President, Human Resources Department, at 000 Xxxxxxxx Xxxxxx NW, Suite E100, Atlanta Georgia, 30303], prior to expiration of the Revocation Period; and (vii) this Waiver shall not become effective or enforceable until the Revocation Period has expired.

ADEA/OWBPA Waiver. By agreeing to this provision, You release and waive any right or claim against the Company1 arising out of Your employment or the termination of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), ) and the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”) (such release and waiver referred to as the “Waiver”). You understand and agree that, (ia) this Agreement is written in a manner that You understand; (iib) You do not release or waive rights or claims that may arise after You sign this Agreement; (iiic) You waive rights and claims You may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are already entitled; (ivd) You are advised to consult with an attorney before signing this Agreement; (ve) You have [twenty-one (21)]/[forty-five (45)] 21) calendar days (the “Offer Period”) from receipt of this Agreement to consider whether to sign it (the “Offer Period”)it. The Parties agree that the Company may revoke this offer at any time. However, if If You sign before the end of the Offer Period, You acknowledge that Your decision to do so was knowing, voluntary, voluntary and not induced by fraud, misrepresentation, misrepresentation or a threat to withdraw, alter, alter or provide different terms prior to the expiration of the Offer Period. You agree that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vif) You have seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). If You you revoke, the Agreement shall not be effective or enforceable and You shall not be entitled to the consideration set forth in this Agreement. To be effective, the revocation must be in writing and received by [TBD]the Company’s Vice President, Human Resources Department, at 000 Xxxxxxxx Xxxxxx, Suite E-100, Atlanta, Georgia, 30303, prior to expiration of the Revocation Period; and (viig) this Waiver shall not become effective or enforceable until the Revocation Period has expired.

ADEA/OWBPA Waiver. By agreeing to this provision, You release Executive specifically releases and waive waives any right or claim against the Company1 Company arising out of Your his employment or the termination his resignation of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), ) and the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”) (such release and waiver referred to as the “Waiver”). You understand Executive understands and agree that, agrees that (i) this Agreement is written in a manner that You understandhe understands; (ii) You do he does not release or waive rights or claims that may arise after You sign he signs this Agreement; (iii) You waive he waives rights and claims You he may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are he is already entitled; (iv) You are Executive has been advised to consult with an attorney before signing this Agreement; (v) You have [he has twenty-one (21)]/[forty-five (45)] 21) calendar days (the “Offer Period”) from receipt of this Agreement to consider whether to sign it (the “Offer Period”)it. The Parties agree that the Company may revoke this offer at any time. However, if You sign If Executive signs before the end of the Offer Period, You acknowledge Executive acknowledges that Your his decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree Executive agrees that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vi) You have Executive has seven (7) calendar days after signing this Agreement to revoke this Agreement the waiver (the “Revocation Period”). If You revoke, the Agreement shall not be effective or enforceable and You shall not be entitled to the consideration set forth in this Agreement. To be effective, the revocation must be in writing and received by [TBD], prior to expiration of the Revocation Period; ) and (vii) this Waiver shall not become effective or enforceable until the Revocation Period has expired. If Executive revokes the Waiver, Section 5 of this Agreement and the provisions of this Agreement relating to Executive’s services as a Consultant (i.e., Sections 6, 7, 8, and 9) shall not be effective or enforceable and Executive shall not be entitled to the payments or benefits provided for in Sections 8 or 9 of this Agreement. To be effective, the revocation must be in writing and received by Xxxxxxx X. Xxxxxx, Chief Executive Officer at the Company’s address set forth in Section 13.

ADEA/OWBPA Waiver. By agreeing to this provision, You release Executive specifically releases and waive waives any right or claim against the Company1 Company arising out of Your his employment or the termination his resignation of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), ) and the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”) (such release and waiver referred to as the “Waiver”). You understand Executive understands and agree that, agrees that (i) this Agreement is written in a manner that You understandhe understands; (ii) You do he does not release or waive rights or claims that may arise after You sign he signs this Agreement; (iii) You waive he waives rights and claims You he may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are he is already entitled; (iv) You are Executive has been advised to consult with an attorney before signing this Agreement; (v) You have [he has twenty-one (21)]/[forty-five (45)] 21) calendar days (the “Offer Period”) from receipt of this Agreement to consider whether to sign it (the “Offer Period”)it. The Parties agree that the Company may revoke this offer at any time. However, if You sign If Executive signs before the end of the Offer Period, You acknowledge Executive acknowledges that Your his decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree Executive agrees that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vi) You have Executive has seven (7) calendar days after signing this Agreement to revoke this Agreement the waiver (the “Revocation Period”). If You revoke, the Agreement shall not be effective or enforceable and You shall not be entitled to the consideration set forth in this Agreement. To be effective, the revocation must be in writing and received by [TBD], prior to expiration of the Revocation Period; ) and (vii) this Waiver shall not become effective or enforceable until the Revocation Period has expired. If Executive revokes the Waiver, Executive shall not be retained as a consultant under Section 2 and shall not be entitled to the benefits under Section 6. To be effective, the revocation must be in writing and received by Xxxxxxx X. Xxxxxx, Chief Executive Officer, at the Company’s address set forth in Section 9.