Common use of ADEA Release Clause in Contracts

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have been and hereby are advised in writing to consult with an attorney prior to executing the Agreement, this Release and the ADEA Release; you understand that you have been given a period of up to twenty-one (21) days to consider the ADEA Release prior to executing it; and you understand that you have been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Release.

Appears in 4 contracts

Samples: Employment Agreement (QSAM Biosciences, Inc.), Employment Agreement (QSAM Biosciences, Inc.), Employment Agreement (Crossroads Systems Inc)

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ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you The Employee hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of the Employee signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you the Employee fully understandunderstands; you (iii) the Employee specifically waive waives any rights or claims under the ADEA; you (iv) the Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) the Employee acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were the Employee was already undisputedly entitled; you have (vii) the Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) the Employee acknowledges that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any change in the terms of this Release Agreement, whether material or immaterial, after the date that the Employee first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) the Employee understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect the Employee elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee [Name], [Title], Compressco Partners GP Inc., 000 Xxxx Xxxxxx, Xxxxx 0000, Xxxxxxxx Xxxx, Xxxxxxxx 00000, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 3 contracts

Samples: Employment Agreement (CSI Compressco LP), Employment Agreement (CSI Compressco LP), Employment Agreement (Compressco Partners, L.P.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee __________________, __________________, Compressco Partners GP Inc., 00000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 2 contracts

Samples: Change of Control Agreement (Compressco Partners, L.P.), Change of Control Agreement (Compressco Partners, L.P.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you The Employee hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesCompany and the other Released Parties, of and as that term is defined in Section 3 above, from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and this Release: a. The Release Agreement, including this the ADEA Release, was negotiated at arms-length; the Agreement and this Release; b. The Release Agreement, including the ADEA Release, is worded in a manner that you the Employee fully understand; you understands; c. The Employee specifically waive waives any rights or claims under the ADEA; you ; d. The Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge ; e. The Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this the Release Agreement are not waived; the ; f. The rights and claims waived in this the Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were the Employee was already undisputedly entitled; you have ; g. The Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand ; h. The Employee understands that you have he has been given a period of up to twenty-one (21) 21 days to consider the ADEA Release prior to executing it, although he may accept it at any time within those 21 days; i. The Employee understands and agrees that any changes to Company’s offer, whether material or immaterial, do not restart the running of the 21-day review period; and you understand and j. The Employee understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect the Employee elects to revoke this ADEA Releasehis release of age discrimination claims, the revocation must be in writing and delivered and presented to Xxxxx Xxxxxxxx, Director, Total Rewards, Payroll and HRIS, Cheniere Energy, Inc. by 5:00 p.m., Central Time, no later than the Board of Directors or their designee within seven seventh (77th) days from day after the date on which he executes the Release Agreement. The consideration cited above and the promises contained herein are made for the purpose of purchasing the peace of the execution Released Parties and are not to be construed as an admission of the Releaseliability or as evidence of unlawful conduct by any Released Party, all liability being expressly denied.

Appears in 2 contracts

Samples: Letter Agreement (Cheniere Energy, Inc.), Letter Agreement (Cheniere Energy, Inc.)

ADEA Release. For the good and valuable consideration provided for under the AgreementEmployee hereby fully, the sufficiency of which is hereby acknowledgedfinally, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, releases Released Parties of and from any and all liabilities, claims, actionscharges, demands, and/or or causes of action, action arising on or before Employee’s execution of this Agreement under the ADEA on or before the date of this Release (the “ADEA Release”), which prohibits age discrimination in employment, and hereby acknowledge acknowledges and agree agrees that: : i. this Agreement, which includes the Agreement and this Release, including this ADEA Release, was negotiated at arms-length; the Agreement and ; ii. this ReleaseAgreement, including which includes the ADEA Release, is worded in a manner that you Employee fully understand; you understands; iii. Employee specifically waive waives any rights or claims under the ADEA; you ; iv. Employee knowingly and voluntarily agree agrees to all of the terms set forth in this Agreement, which includes the Agreement and this Release, including this ADEA Release; you acknowledge and understand that ; v. any claims under the ADEA that may arise after the date Employee’s execution of this Release Agreement are not waived; ; vi. the rights and claims waived in this Release and this Agreement, which includes the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have been ; vii. Employee has been, and hereby are is, advised in writing to consult with an attorney prior to executing the this Agreement, this Release and including the ADEA Release, and has had an opportunity to review the Agreement with Employee’s attorney; you understand that you have HOU:3938429.1 viii. he/she has been given a period of up to twenty-one (21) 45 days after receiving this Agreement to consider this Agreement, which includes the ADEA Release Release, prior to executing it. Employee further agrees that any changes in the terms of this Agreement, whether material or immaterial, shall not affect or restart the above-referenced 45-day consideration period; ix. statistical information required by the Older Workers Benefit Protection Act is attached hereto as Exhibit A; and you understand that you have x. he/she has been given a period of seven (7) 7 days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired; xi. If you elect to revoke any revocation of this ADEA Release, revocation Release must be in writing and presented to before the Board close of Directors or their designee business within seven (7) 7 days from the date of the Employee’s execution of this Agreement to Lexicon Pharmaceuticals Inc., 0000 Xxxxxxxxxx Xxxxxx Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, Attention: Human Resources; and xii. nothing in this Agreement is intended to interfere with or deter Employee’s right to challenge the Releasewaiver of a claim under the ADEA or state law age discrimination claim or the filing of an ADEA charge or ADEA complaint or state law age discrimination complaint or charge with the Equal Employment Opportunity Commission (“EEOC”) or any state discrimination agency or commission, or to participate in any investigation or proceeding conducted by those agencies. Further, Employee understands that nothing in this Agreement would require Employee to tender back the Severance Payment if Employee seeks to challenge the validity of the ADEA or state law age discrimination waiver, nor does the Employee agree to ratify any ADEA or state law age discrimination waiver that fails to comply with the Older Workers’ Benefit Protection Act by retaining the Severance Payment. Further, except as authorized by federal or state law, nothing in this Agreement is intended to require Employee to pay damages, attorneys’ fees, or costs to Employer should Employee challenge the waiver of an ADEA or state law age discrimination claim or file an ADEA or state law age discrimination suit.

Appears in 2 contracts

Samples: Release and Severance Agreement (Lexicon Pharmaceuticals, Inc.), Release and Severance Agreement (Lexicon Pharmaceuticals, Inc.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he/she has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he/she has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee __________________, __________________, TETRA Technologies, Inc., 00000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 2 contracts

Samples: Change of Control Agreement (Tetra Technologies Inc), Change of Control Agreement (Tetra Technologies Inc)

ADEA Release. For Executive hereby acknowledges that Executive is knowingly and voluntarily entering into this Agreement with the good purpose of waiving and valuable consideration provided for releasing any claims under the Agreement, ADEA (a law which prohibits discrimination on the sufficiency basis of which is hereby acknowledgedage), and to which you acknowledge you are not otherwise entitledas such, Executive acknowledges and other valuable consideration, the sufficiency of which agrees that: (1) this Agreement is hereby acknowledged, you hereby completely worded in an understandable way and forever release he has read and irrevocably discharge each of the Releasees, of and from fully understands its terms; (2) any and all liabilities, claims, actions, demands, and/or causes of action, rights or claims arising under the ADEA on or before the date of this Release are waived; (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any 3) claims under the ADEA that may arise after the date of this Release Agreement is executed are not waived; ; (4) the rights and claims waived in this Release and this ADEA Release Agreement are in exchange for additional consideration over and above anything to which you were Executive was already undisputedly entitled; you have ; (5) Executive has been and hereby are advised in writing by the Company to consult with an attorney prior to executing the this Agreement, this Release and the ADEA Release; you understand ; (6) Executive acknowledges that you have he has been given a twenty-one-day (21-day) period of up to twenty-one (21) days time from the date of receipt of this Agreement to consider all of the ADEA Release prior to executing it; provisions of this Agreement, and you understand that you have been he does knowingly and voluntarily waive said given a period of seven 21-day period; (7) Any changes made to this Agreement, whether material or immaterial, will not restart the running of this twenty-one-day (21-day) period; (8) Executive may revoke this waiver and release of any ADEA (age discrimination) claims covered by this Agreement within seven days from the date of this Agreement is executed (such seven-day period, the execution of the ADEA Release to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will “Revocation Period”) (9) This Agreement shall not become effective or enforceable until the revocation period Revocation Period has expiredpassed and Executive shall not have revoked his waiver and release of any ADEA claim during the Revocation Period. If you elect Executive revokes this Agreement, Executive will be deemed not to revoke have accepted the terms of this Agreement and the Company will have no obligations hereunder; and (10) Nothing in this Agreement shall be construed as a limitation on the right of Executive to participate in any investigation by the Equal Employment Opportunity Commission into any charge that ADEA Releasehas been violated, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Releaseincluding a charge filed by Executive.

Appears in 2 contracts

Samples: Separation Agreement, Separation Agreement (Us Home Systems Inc)

ADEA Release. For Executive hereby acknowledges that Executive is knowingly and voluntarily entering into this Agreement with the good purpose of waiving and valuable consideration provided for releasing any claims under the AgreementADEA (a law which prohibits discrimination on the basis of age) and as such, the sufficiency of which Executive acknowledges and agrees that: 1. this Agreement is hereby acknowledged, worded in an understandable way and to which you acknowledge you are not otherwise entitled, he has read and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from fully understands its terms; 2. any and all liabilities, claims, actions, demands, and/or causes of action, rights or claims arising under the ADEA on or before the date of this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you are specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any waived; 3. claims under the ADEA that may arise after the date of this Release Agreement is executed are not waived; ; 4. the rights and claims waived in this Release and this ADEA Release Agreement are in exchange for additional consideration over and above anything to which you were Executive was already undisputedly entitled; you have ; 5. Executive has been and hereby are advised in writing by Alliance Data to consult with an attorney prior to executing the this Agreement, this Release and the ADEA Release; you understand ; 6. Executive acknowledges that you have he has been given a twenty-one-day (21-day) period of up time from the date of receipt of this Agreement to consider all of the provisions of this Agreement, and he does knowingly and voluntarily waive said given 21-day period; 7. Any changes made to this Agreement, whether material or immaterial, will not restart the running of this twenty-one one-day (21-day) days to consider the period; 8. Executive may revoke this waiver and release of any ADEA Release prior to executing it; and you understand that you have been given a period of (age discrimination) claims covered by this Agreement within seven (7) days from the date this Agreement is executed (such seven-day period, the “Revocation Period”) 9. This Agreement shall not become effective until the Revocation Period has passed and Executive shall not have revoked his waiver and release of any ADEA claim during the execution Revocation Period. If Executive revokes this Agreement, Executive will be deemed not to have accepted the terms of this Agreement and Alliance Data will have no obligations hereunder; and 10. Executive understands that nothing in this Agreement is intended to interfere with or deter Executive’s right to challenge the waiver of an ADEA claim or state law age discrimination claim or the filing of an ADEA charge or ADEA complaint or state law age discrimination complaint or charge with the Equal Employment Opportunity Commission or any state discrimination agency or commission, or to participate in any investigation or proceeding conducted by those agencies. Further, Executive understands that nothing in this Agreement would require Executive to tender back the money received under this Agreement if Executive seeks to challenge the validity of the ADEA Release or state law age discrimination waiver, nor does Executive agree to revoke ratify any ADEA or state law age discrimination waiver that fails to comply with the Older Workers’ Benefit Protection Act by retaining the money received under the Agreement. Further, nothing in this Agreement is intended to require the payment of damages, attorneys’ fees or costs to Alliance Data should Executive challenge the waiver of an ADEA Releaseor state law age discrimination claim or file an ADEA or state law age discrimination suit except as authorized by federal or state law. 11. Notwithstanding the foregoing paragraph, and understand and acknowledge that Executive agrees to waive any right to recover monetary damages in any charge, complaint, or lawsuit against Alliance Data filed by Executive or by anyone else on Executive’s behalf in the ADEA Release will event this Agreement is not become effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Releaseinvalidated.

Appears in 2 contracts

Samples: Separation Agreement, Separation Agreement (Alliance Data Systems Corp)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have been and hereby are advised in writing The Company advises Executive to consult with an attorney prior to executing the signing this Agreement, this Release and the ADEA Release; you understand . Executive understands that you have been given a period of up to he has twenty-one (21) days to consider whether to sign this Agreement (the “Consideration Period”). Executive must return this signed Agreement to the Company within the Consideration Period. If Executive signs and returns this Agreement before the end of the Consideration Period, it is because he has freely chosen to do so after carefully considering its terms. As discussed above, you are releasing the Company from, among other things, any claim you might currently have against the Company and related parties that may have arisen under the Age Discrimination in Employment Act (“ADEA”) as amended by the Older Worker’s Benefit Protection Act of 1990 (“OWBPA”), but this Agreement does not cover any rights or claims that may arise under the ADEA Release prior to executing it; and you understand as amended by the OWBPA after the date of execution of this Agreement Executive further understands that you have been given a period of he has seven (7) days from following execution of this Agreement to validly revoke this Agreement. Such right of revocation constitutes a unilateral right afforded to Executive and the date Company shall have no such right of revocation. Any revocation within this period must be submitted, in writing, to UDR, Inc., c/o Xxxxxx X. Xxxxxx, Chairman and Chief Executive Officer, 0000 Xxxx Xxxxxx Drive, Suite 200, Highlands Ranch, CO 80129, by certified mail, return receipt requested, post-marked within seven (7) days of execution of this Agreement and state, "I hereby revoke my acceptance of the execution of the ADEA Release to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will Agreement." This Agreement shall not become effective or enforceable until the revocation period has expiredexpired without revocation (the “Release Effective Date”). If you elect to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date last day of the execution revocation period is a Saturday, Sunday, or legal holiday in Colorado, then the revocation period shall not expire until the next following day which is not a Saturday, Sunday, or legal holiday in Colorado. If it is not validly revoked, this Agreement will become irrevocable and enforceable on the eighth day after Executive signs this Agreement. Executive agrees with the Company that changes to this Agreement, whether material or immaterial, do not restart the running of the ReleaseConsideration Period.

Appears in 2 contracts

Samples: Resignation Agreement (United Dominion Realty L P), Resignation Agreement (UDR, Inc.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you The Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesCompany and the other Released Parties, of and as that term is defined in Section 3 above, from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and this Release: a. The Release Agreement, including this the ADEA Release, was negotiated at arms-length; the Agreement and this Release; b. The Release Agreement, including the ADEA Release, is worded in a manner that you the Executive fully understand; you understands; c. The Executive specifically waive waives any rights or claims under the ADEA; you ; d. The Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge ; e. The Executive acknowledges and understand understands that any claims under the ADEA that may arise after the date of this the Release Agreement are not waived; the ; f. The rights and claims waived in this the Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were the Executive was already undisputedly entitled; you have ; g. The Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand ; h. The Executive understands that you have she has been given a period of up to twenty-one (21) 21 days to consider the ADEA Release prior to executing it, although she may accept it at any time within those 21 days; i. The Executive understands and agrees that any changes to Company’s offer, whether material or immaterial, do not restart the running of the 21-day review period; and you understand and j. The Executive understands that you have she has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect the Executive elects to revoke this ADEA Releaseher release of age discrimination claims, the revocation must be in writing and delivered and presented to Xxxxx Xxxxxxxx, Director – Total Rewards, Payroll and HRIS, Cheniere Energy, Inc. by 5:00 p.m., Central Time, no later than the Board of Directors or their designee within seven (7) days from seventh day after the date on which the Executive executes the Release Agreement. The consideration cited herein including Executive’s and Company’s respective releases of disputed claims and the promises contained herein are made for the purpose of purchasing the peace of the execution Released Parties and are not to be construed as an admission of the Releaseliability or as evidence of unlawful conduct by any Released Party, all liability being expressly denied.

Appears in 2 contracts

Samples: Release Agreement, Release Agreement (Cheniere Energy Inc)

ADEA Release. For the good and valuable consideration provided for under the AgreementEmployee hereby fully, the sufficiency of which is hereby acknowledgedfinally, and to which you acknowledge you are not otherwise entitled, completely releases the Company and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, Released Parties of and from any and all liabilities, claims, actionscharges, demands, and/or or causes of action, action arising under the ADEA on or before the date of this Release Agreement is executed under the Age Discrimination in Employment Act and the Older Workers’ Benefit Protection Act, 42 U.S.C. §§ 1981, 1983, 1985 (“ADEA”), which prohibit age discrimination in employment (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: : (a) this Agreement, which includes the Agreement and this Release, including this ADEA Release, was negotiated at arms-length; the Agreement and TRANSITION AGREEMENT AND RELEASE – XXXXXX X. XXXXX (b) this ReleaseAgreement, including which includes the ADEA Release, is worded in a manner that you Employee fully understand; you understands; (c) Employee specifically waive waives any rights or claims under the ADEA; you ; (d) Employee knowingly and voluntarily agree agrees to all of the terms set forth in this Agreement, which includes the Agreement and this Release, including this ADEA Release; you acknowledge ; (e) Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release Effective Transition Date are not waived; ; (f) the rights and claims waived in this Release and this Agreement, which includes the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have ; (g) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the this Agreement, this Release and including the ADEA Release; you understand ; (h) Employee understands that you have he has been given a period of up to at least twenty-one (21) calendar days to consider the ADEA Release prior to executing it; and you understand and (i) Employee understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Releaserelease of age discrimination claims, revocation must be in writing and presented to the Board of Directors or their designee Xxxx Xxxxxx at xxxx.xxxxxx@xxx-xx.xxx, with a copy to Xxxxx Xxxxxxxx at xxxxx.xxxxxxxx@xxx-xx.xxx within seven (7) days from the date of the his execution of this Agreement that contains the ADEA Release. Employee further agrees that only material changes in the terms of this Agreement shall affect or restart the above-referenced 21-day consideration period. Employee understands that nothing in this Agreement is intended to interfere with or deter Employee’s right to challenge the waiver of a claim under the ADEA or state law age discrimination claim or the filing of an ADEA charge or ADEA complaint or state law age discrimination complaint or charge with the EEOC or any state discrimination agency or commission or to participate in any investigation or proceeding conducted by those agencies. Further, Employee understands that nothing in this Agreement would require Employee to tender back the money received under this Agreement if Employee seeks to challenge the validity of the ADEA or state law age discrimination waiver, nor does Employee agree to ratify any ADEA or state law age discrimination waiver that fails to comply with the Older Workers’ Benefit Protection Act by retaining the money received under this Agreement. Further, nothing in this Agreement is intended to require the payment of damages, attorneys’ fees, or costs to the Company should Employee challenge the waiver of an ADEA or state law age discrimination claim or file an ADEA or state law age discrimination suit except as authorized by federal or state law.

Appears in 1 contract

Samples: Transition Agreement and Release (IES Holdings, Inc.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he/she has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he/she has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Release.revocation

Appears in 1 contract

Samples: Change of Control Agreement (Tetra Technologies Inc)

ADEA Release. For the good and valuable consideration provided for under the AgreementEmployee hereby fully, the sufficiency of which is hereby acknowledgedfinally, and to which you acknowledge you are not otherwise entitled, completely releases the Company and the other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and Released Parties from any and all liabilities, claims, actionscharges, demands, and/or or causes of action, action arising under the ADEA on or before the date of this Release Agreement under the Age Discrimination and Employment Act and the Older Workers’ Benefit Protective Act, 42 U.S.C. §§ 1981, 1983, 1985 (collectively the “ADEA”) which prohibits age discrimination in employment (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: : (i) this Release Agreement, which includes the Agreement and this Release, including this ADEA Release, was negotiated at arms’ arm’s length; the Agreement and ; (ii) this ReleaseRelease Agreement, including which includes the ADEA Release, is worded in a manner that you Employee fully understand; you understands; (iii) Employee specifically waive waives any rights or claims under the ADEA; you ; (iv) Employee knowingly and voluntarily agree agrees to all of the terms set forth in this Release Agreement, which includes the Agreement and this Release, including this ADEA Release; you acknowledge ; (v) Employee acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; ; (vi) the rights and claims waived in this Release and this Agreement, which include the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have ; (vii) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the this Release Agreement, this Release and including the ADEA Release; you understand ; (viii) Employee understands that you have he has been given a period of up to twenty-one (21) days to consider the ADEA Release prior to executing it; and you understand ; (ix) Employee understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. ; and If you elect Employee elects to revoke this ADEA Releaserelease of age discrimination claims, revocation must be in writing and presented to the Board of Directors or their designee Xxxxxxxxx X. Xxxxx, Vice President-Human Resources, TETRA Technologies, Inc., 00000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the date of the execution of this Agreement, including the ADEA Release. Employee further agrees that only material changes in the terms of this Release Agreement shall affect or restart the above-referenced 21-day consideration period.

Appears in 1 contract

Samples: Separation and Release Agreement (Tetra Technologies Inc)

ADEA Release. For Executive hereby acknowledges that Executive is knowingly and voluntarily entering into this Agreement with the good purpose of waiving and valuable consideration provided for releasing any claims under the Agreement, ADEA (a law which prohibits discrimination on the sufficiency basis of which is hereby acknowledgedage) as applicable to his Expatriate Assignment relationship with ADSC, and to which you acknowledge you are not otherwise entitledas such, Executive acknowledges and other valuable consideration, the sufficiency of which agrees that: (1) this Agreement is hereby acknowledged, you hereby completely worded in an understandable way and forever release he has read and irrevocably discharge each of the Releasees, of and from fully understands its terms; (2) any and all liabilities, claims, actions, demands, and/or causes of action, rights or claims arising under the ADEA on or before the date of this Release are waived; (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any 3) claims under the ADEA that may arise after the date of this Release Agreement is executed are not waived; ; (4) the rights and claims waived in this Release and this ADEA Release Agreement are in exchange for additional consideration over and above anything to which you were Executive was already undisputedly entitled; you have ; (5) Executive has been and hereby are advised in writing by LoyaltyOne to consult with an attorney prior to executing the this Agreement, this Release and the ADEA Release; you understand ; (6) Executive acknowledges that you have he has been given a twenty-one-day (21-day) period of up to twenty-one (21) days time from the date of receipt of this Agreement to consider all of the ADEA Release prior to executing it; provisions of this Agreement, and you understand that you have been he does knowingly and voluntarily waive said given a period of seven 21-day period; (7) Any changes made to this Agreement, whether material or immaterial, will not restart the running of this twenty-one-day (21-day) period; (8) Executive may revoke this waiver and release of any ADEA (age discrimination) claims covered by this Agreement within seven days from the date of this Agreement is executed (such seven-day period, the execution of the ADEA Release to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will “Revocation Period”) (9) This Agreement shall not become effective or enforceable until the revocation period Revocation Period has expiredpassed and Executive shall not have revoked his waiver and release of any ADEA claim during the Revocation Period. If you elect Executive revokes this Agreement, Executive will be deemed not to revoke have accepted the terms of this Agreement and LoyaltyOne will have no obligations hereunder; and (10) Nothing in this Agreement shall be construed as a limitation on the right of Executive to participate in any investigation by the Equal Employment Opportunity Commission into any charge that ADEA Releasehas been violated, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Releaseincluding a charge filed by Executive.

Appears in 1 contract

Samples: Separation Agreement (Alliance Data Systems Corp)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Employee hereby completely and forever release releases and irrevocably discharge each of discharges the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA on or before the date of this Release Agreement, and hereby acknowledges and agrees that: (i) this Agreement was negotiated at arm’s length; (ii) this Agreement, including this release of ADEA claims (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you Employee fully understandunderstands; you (iii) Employee specifically waive waives any rights or claims under the ADEA; you (iv) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseAgreement, including this ADEA Release; you acknowledge (v) Employee acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and Agreement, including this ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have (vii) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the this Agreement, this Release and the ADEA Release; you understand (viii) Employee acknowledges that you have he has been given a period of up to twentyforty-one five (2145) days to consider the this ADEA Release prior to executing it, although he may accept it at any time within such forty-five (45) days, and acknowledges and agrees that any discussions between Employee and the Company and/or TETRA concerning the terms of this Agreement, including this ADEA Release, and/or any change in the terms of this Agreement, including this ADEA Release, after the date that Employee first receives this Agreement shall not affect or restart such forty-five (45) day consideration period; and you understand (ix) Employee understands that you have been given he has a period of seven (7) days from the date of the execution of the ADEA Release this Agreement to revoke the this ADEA Release, and understand understands and acknowledge acknowledges that the this ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee Xxxxx Xxxxxxxx, Director, Global Human Resources, TETRA Technologies, Inc., 00000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the date of the execution of this Agreement. Attached hereto as Exhibit B is a description of the Releaseemployment termination program and information about the ages of the employees within the decisional unit which will implement the described employment termination program.

Appears in 1 contract

Samples: Separation and Release Agreement (Tetra Technologies Inc)

ADEA Release. For To the good and valuable consideration provided for under extent that the Agreement, the sufficiency Executive is forty (40) years of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on age or before the date of this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have been and hereby are advised in writing to consult with an attorney prior to executing the Agreementolder, this Release and the ADEA Release; you understand paragraph shall also apply. The Executive acknowledges that you have he has been given offered a period of up to time of at least twenty-one (21) days from the date of receipt of this Agreement to consider whether to sign this General Release and Covenant Not to Xxx, which he has waived in writing, and the ADEA Company agrees that the Executive may cancel this General Release prior and Covenant Not to executing it; Xxx (including, without limitation, any and you understand that you have been given a period of all claims arising under the ADEA) at any time during the seven (7) days from following the date on which this General Release and Covenant Not to Xxx has been signed by all parties to this General Release and Covenant Not to Xxx. In order to cancel or revoke this General Release and Covenant Not to Xxx, the Executive must deliver to the General Counsel of the execution Company written notice stating that the Executive is canceling or revoking this General Release and Covenant Not to Xxx. If this General Release and Covenant Not to Xxx is timely cancelled or revoked, none of the ADEA provisions of this General Release and Covenant Not to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will not become Xxx shall be effective or enforceable until and the revocation period Company shall not be obligated to make the payments to the Executive or to provide the Executive with the other benefits described in the Employment Agreement and all contracts and provisions modified, relinquished or rescinded hereunder shall be reinstated to the extent in effect immediately prior hereto. For the avoidance of doubt, nothing in this General Release and Covenant Not to Xxx shall prevent the Executive from challenging or seeking a determination in good faith of the validity of this waiver and release under the ADEA but no other portion of this General Release and Covenant Not to Xxx. Each of the Executive and the Company acknowledges and agrees that it has expiredentered into this General Release and Covenant Not to Xxx knowingly, voluntarily and willingly and has had ample opportunity to consider the terms and provisions of this General Release and Covenant Not to Xxx. If you elect to revoke this ADEA ReleaseThe Executive further acknowledges that he has read the Agreement carefully, revocation must be has been advised by the Company in writing to, and presented has in fact consulted with an attorney, and fully understands that by signing below he is giving up certain rights which he may have to the Board of Directors xxx or their designee within seven (7) days from the date assert a claim against any of the execution of the ReleaseCompany Group, as described above.

Appears in 1 contract

Samples: Consulting and Employment Agreement (Triarc Companies Inc)

ADEA Release. For the good You understand and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge that you are not otherwise entitled, waiving and other valuable consideration, the sufficiency of which is hereby acknowledged, releasing any rights you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising may have under the ADEA on or before the date of and that this Release (the “ADEA Release”), waiver and hereby acknowledge release is knowing and voluntary. You understand and agree that: the Agreement that this waiver and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive release does not apply to any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims may arise under the ADEA that may arise after the date Effective Date of this Release are not waived; Agreement. You understand and acknowledge that the rights consideration given for this waiver and claims waived release is in this Release and this ADEA Release are in exchange for consideration over and above addition to anything of value to which you were already undisputedly entitled; . You further understand and acknowledge that you have been and hereby are advised in by this writing to that: (a) you should consult with an attorney prior to executing this Agreement; (b) you have forty-five (45) days within which to consider this Agreement; (c) you been advised in writing by the AgreementCompany of the class, this Release unit, or group of individuals covered by the reduction in force, the eligibility factors for the reduction in force, and the ADEA Releasejob titles and ages of all individuals who were and were not selected, as set forth in Exhibits A, B, and C herein; you understand that (d) you have been given a period of up to twenty-one (21) days to consider the ADEA Release prior to executing it; and you understand that you have been given a period of seven (7) days from the date of the following your execution of the ADEA Release this Agreement to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will this Agreement; (e) this Agreement shall not become be effective or enforceable until after the revocation period has expired; and (f) nothing in this Agreement prevents or precludes you from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. If In the event you elect sign this Agreement and returns it to revoke the Company in less than the 45-day period identified above, you hereby acknowledge that you have freely and voluntarily chosen to waive the time period allotted for considering this ADEA Release, Agreement. You acknowledge and understand that revocation must be in writing and presented accomplished by a written notification to the Board undersigned Company representative that is received by you prior to the Effective Date. The parties agree that changes to this Agreement, whether material or immaterial, do not restart the running of Directors or their designee the 45-day consideration period referenced above. You understand that this Agreement shall be null and void if not executed by you within forty-five (45) days. Each party has seven (7) days from after that party signs this Agreement to revoke it. This Agreement will become effective on the eighth (8th) day after you signed this Agreement, so long as it has been signed by the parties and has not been revoked by either party before that date of (the execution of the Release“Effective Date”).

Appears in 1 contract

Samples: Separation Agreement (Scynexis Inc)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Employee hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Employee signs this Release (the “ADEA Release”)Agreement, and hereby acknowledge acknowledges and agree agrees that: the (i) this Release Agreement and this Release, including this ADEA Release, was negotiated at arms’ arm’s length; the (ii) this Release Agreement and this Release, including the ADEA Release, is worded in a manner that you Employee fully understandunderstands; you (iii) Employee specifically waive waives any rights or claims under the ADEA; you (iv) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement Release Agreement; (v) Employee acknowledges and this Release, including this ADEA Release; you acknowledge and understand understands that any claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this ADEA Release Agreement are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have (vii) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, ; (viii) Employee acknowledges that he received this Release Agreement on ________________, 2012, and the ADEA Release; you understand Employee understands that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the release contained in this Paragraph 4 (the “ADEA Release Release”) prior to executing it; (ix) Employee acknowledges and you understand agrees that you have any discussions between Employee and Employer concerning the terms of this Release Agreement and any change in the terms of this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and (x) Employee understands that he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Release.to

Appears in 1 contract

Samples: Separation and Release Agreement (Compressco Partners, L.P.)

ADEA Release. For the good The general release contained herein specifically includes a waiver and valuable consideration provided for release of all claims which Employee has or may have under the AgreementAge Discrimination in Employment Act, as amended, 29 U.S.C. Sections 621, et seq. (“ADEA”), based on Employee’s employment, the sufficiency of which is hereby acknowledgedseparation from that employment, and to which you acknowledge you are not otherwise entitledor any event, and other valuable considerationtransaction, the sufficiency of which is hereby acknowledgedoccurrence, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA act or omission occurring on or before Employee signs the date reaffirmation of this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner Agreement. Employee acknowledges that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have Employee has been and hereby are advised in writing to consult with an attorney prior to executing the attorney, if desired, concerning this Agreement and has received all advice Employee deems necessary concerning this Agreement, this Release and the ADEA Release; you understand that you have been given a period of up to . Employee has twenty-one (21) days after Employee receives this Agreement to decide whether or not to sign this Agreement, and should Employee execute this Agreement in fewer than twenty-one (21) days, Employee does so with the express understanding that Employee has been given and declined the opportunity to consider the ADEA Release prior to executing it; and you understand that you have been given Agreement for a period of full twenty-one (21) days. Employee has seven (7) days from after delivering to the date Company an original of the execution of the ADEA Release this Agreement signed by Employee to revoke this Agreement. Revocation may be made by delivering a written notice of revocation to the ADEA ReleaseCompany, c/o Leigh Axx Xxxxxxxx, at lxxxxxxx.xxxxxxxx@0xxxxxxxxxxxxx.xxx. For the revocation to be effective, written notice must be actually received by the Company, as evidenced by confirmation of delivery, no later than the close of business on the seventh calendar day after Employee signs and understand and acknowledge that the ADEA Release will delivers this Agreement, or, if mailed, postmarked by such date. This Agreement shall not become effective or enforceable until the revocation period has expired, which date of expiration shall be the “Effective Date” of this Agreement. If you elect The release contained herein does not waive any rights or claims that Employee may have under the ADEA which may arise after the date Employee signs the reaffirmation of this Agreement. Employee hereby acknowledges and agrees that Employee has read this Agreement in its entirety and understands all of its terms and that Employee is knowingly and voluntarily waiving and releasing Employee’s rights and claims only in exchange for consideration (something of value) in addition to revoke this ADEA Release, revocation must be in writing anything of value to which Employee is already entitled. The Company and presented Employee agree that any changes made to the Board of Directors Agreement, whether material or their designee within seven (7) days from immaterial, do not restart the date running of the execution of the Releasetwenty-one (21)-day period described above.

Appears in 1 contract

Samples: Separation Agreement (4Front Ventures Corp.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesCompany and the other Released Parties, of and as that term is defined in Section 3 above, from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and this Release: a. The Release Agreement, including this the ADEA Release, was negotiated at arms-length; the Agreement and this Release; b. The Release Agreement, including the ADEA Release, is worded in a manner that you Executive fully understand; you understands; c. Executive specifically waive waives any rights or claims under the ADEA; you ; d. Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge ; e. Executive acknowledges and understand understands that any claims under the ADEA that may arise after the date of this the Release Agreement are not waived; the ; f. The rights and claims waived in this the Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have ; g. Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand ; h. Executive understands that you have he has been given a period of up to twenty-one (21) 21 days to consider the ADEA Release prior to executing it, although he may accept it at any time within those 21 days; i. Executive understands and agrees that any changes to Company’s offer, whether material or immaterial, do not restart the running of the 21-day review period; and you understand and j. Executive understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Releasehis release of age discrimination claims, the revocation must be in writing and delivered and presented to [Xxxxx Xxxxxx, Senior Vice President – Business Development & Communications, Cheniere Energy, Inc.] by 5:00 p.m., Central Standard Time, no later than the Board of Directors or their designee within seven (7) days from seventh day after the date on which Executive executes the Release Agreement. The consideration cited above and the promises contained herein are made for the purpose of purchasing the peace of the execution Released Parties and are not to be construed as an admission of the Releaseliability or as evidence of unlawful conduct by any Released Party, all liability being expressly denied.

Appears in 1 contract

Samples: Employment Agreement (Cheniere Energy Inc)

ADEA Release. For the good Executive acknowledges that Executive is waiving and valuable consideration provided for releasing any rights Executive may have under the Agreement, Age Discrimination in Employment Act (“ADEA”) and that this waiver and release is knowing and voluntary. Executive acknowledges that the sufficiency consideration given for this Agreement is in addition to anything of which is hereby acknowledged, and value to which you acknowledge you are not otherwise Executive is already entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of . Executive further acknowledges that Executive has been advised by this Release (the “ADEA Release”), and hereby acknowledge and agree writing that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have been and hereby are advised in writing to (i) Executive should consult with an attorney prior to executing the this Agreement, this Release and the ADEA Release; you understand that you have been given a period of (ii) Executive has up to twenty-one (21) days from the date hereof to consider this Agreement and the General Release attached as Exhibit A (the “Exhibit A Release”), and Executive will have the twenty-one (21) day period ending on January 1, 2019 within which to consider the ADEA General Release prior attached as Exhibit B (the “Exhibit B Release”), although Executive may, at Executive’s discretion, sign and return the appropriate release at any time within such applicable twenty-one (21) day period, in which case Executive waives all rights to executing itthe balance of the applicable review period; and you understand that you have been given a period of (iii) Executive has seven (7) days from the date of the following Executive’s execution of this Agreement and the ADEA Exhibit A Release to revoke the ADEA Agreement and the Exhibit A Release, and understand Executive has seven (7) days following Executive’s execution of the Exhibit B Release to revoke the Exhibit B Release (each such period, a “Revocation Period”); (iv) this Agreement, and acknowledge that the ADEA Release will waiver pursuant to the Exhibit A Release, shall not become be effective or enforceable until the revocation period Revocation Period with respect to the Exhibit A Release has expired; (v) L3’s obligations under Paragraphs 6.d. If you elect through 6.e. of this Agreement, and the ADEA waiver pursuant to revoke this ADEA the Exhibit B Release, shall not be effective until the Revocation Period with respect to the Exhibit B Release has expired; and (vi) 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 for doing so, unless specifically authorized by federal law. Executive agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original 21-day consideration period provided in this paragraph. Executive acknowledges that if Executive has not returned the signed Agreement and the applicable signed General Release within the time permitted, then the offer of payments and benefits set forth herein will expire by its own terms at such time. Executive also recognizes that revocation of this Agreement and/or either General Release must be in writing and presented must be delivered to L3’s Senior Vice President and Chief Human Resources Officer (the Board “CHRO”), by certified mail or courier service (signature of Directors or their designee within seven (7) days from the date of the execution of the Releasereceipt required).

Appears in 1 contract

Samples: Retirement Agreement (L3 Technologies, Inc.)

ADEA Release. For In accordance with the good and valuable consideration provided for under the AgreementOlder Workers Benefit Protection Act of 1990, the sufficiency of which is Employee hereby acknowledgedfully, finally, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, completely release the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, Releasees of and from any and all liabilities, claims, actionscharges, demands, and/or or causes of action, action arising under the ADEA on or before the date of this Release Termination Date under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act (together, the “ADEA”), which prohibit age discrimination in employment (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: : a) the Agreement and this Releaseagreement, including this which includes the ADEA Release, was negotiated at arms-length; ; b) the Agreement and this ReleaseAgreement, including which includes the ADEA Release, is worded in a manner that you Employee fully understand; you understands; c) Employee specifically waive waives any rights or claims under the ADEA; you ; d) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this Releaseagreement, including this which includes the ADEA Release; you acknowledge ; e) Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release Separation Date are not waived; ; f) the rights and claims waived in this Release and this agreement, which includes the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee is already undisputedly entitled; you have been and hereby are advised in writing ; g) Employee has the right to consult with an attorney prior to executing the Agreement, before signing this Release and the ADEA Release; you understand that you have been given a period of up to agreement; h) Employee has twenty-one (21) days to consider the ADEA Release prior to executing itthis agreement; and you understand that you have been given a period of and i) Employee has seven (7) days from the date after signing this agreement to revoke this agreement, and this agreement will not be effective, and Employee will not receive any of the execution of the ADEA Release to revoke the ADEA Releasesettlement benefits described herein, and understand and acknowledge until that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee wishes to revoke Employee’s acceptance of this ADEA Releaseagreement, revocation Employee must be in writing and presented deliver written notice stating Employee’s intent to revoke by email to Xxxx Xxxxx, CEO, on or before 5:00 p.m. Eastern on the Board of Directors or their designee within seven seventh (77th) days from day after the date of the execution of the Releaseon which Employee signs this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Aprea Therapeutics, Inc.)

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ADEA Release. For the good I acknowledge that I am knowingly and valuable consideration provided for voluntarily waiving and releasing any rights I have under the Agreement, the sufficiency of which is hereby acknowledgedADEA, and that the consideration given for the waiver and releases I have given in this Release is in addition to anything of value to which you I was already entitled. I further acknowledge you are not otherwise entitledthat I have been advised, and other valuable considerationas required by the ADEA, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement (a) my waiver and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive release does not apply to any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of I sign this Release are not waivedRelease; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have been and hereby are advised in writing to (b) I should consult with an attorney prior to executing the Agreement, signing this Release and the ADEA Release(although I may choose voluntarily not to do so); you understand that you (c) I have been given a period of up to twenty-one (21) days to consider the ADEA this Release prior (although I may choose voluntarily to executing itsign it sooner); and you understand that you (d) I have been given a period of seven (7) days from following the date of the execution of the ADEA I sign this Release to revoke this Release (in a written revocation sent to the ADEA Release, Company); and understand and acknowledge that the ADEA (e) this Release will not become be effective or enforceable until the date upon which the revocation period has expired, which will be the eighth day after I sign this Release provided that I do not revoke it (the “Effective Date”). If you elect In giving the release herein, which includes claims which may be unknown to revoke me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code, which reads as follows: I hereby expressly waive and relinquish all rights and benefits under that section and any law of any other jurisdiction of similar effect with respect to my release of claims herein, including but not limited to my release of unknown claims. I understand that nothing in this ADEA ReleaseRelease limits my ability to file a charge or complaint with the Equal Employment Opportunity Commission, revocation must the Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Texas Workforce Commission, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”). I further understand this Release does not limit my ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be in writing and presented conducted by any Government Agency, including providing documents or other information, without notice to the Board of Directors or their designee within seven (7) days from Company. While this Release does not limit my right to receive an award for information provided to the date of the execution of the Securities and Exchange Commission, I understand and agree that, to maximum extent permitted by law, I am otherwise waiving any and all rights I may have to individual relief based on any claims that I have released and any rights I have waived by signing this Release.. ​

Appears in 1 contract

Samples: Transition, Separation and Consulting Agreement (Reneo Pharmaceuticals, Inc.)

ADEA Release. For the good The general release contained herein specifically includes a waiver and valuable consideration provided for release of all claims which Employee has or may have under the AgreementAge Discrimination in Employment Act, as amended, 29 U.S.C. Sections 621, et seq. (“ADEA”), based on Employee’s employment, the sufficiency of which is hereby acknowledgedseparation from that employment, and to which you acknowledge you are not otherwise entitledor any event, and other valuable considerationtransaction, the sufficiency of which is hereby acknowledgedoccurrence, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA act or omission occurring on or before Employee signs the date reaffirmation of this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner Agreement. Employee acknowledges that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have Employee has been and hereby are advised in writing to consult with an attorney prior to executing the attorney, if desired, concerning this Agreement and has received all advice Employee deems necessary concerning this Agreement, this Release and the ADEA Release; you understand that you have been given a period of up to . Employee has twenty-one (21) days after Employee receives this Agreement to decide whether or not to sign this Agreement, and should Employee execute this Agreement in fewer than twenty- one (21) days, Employee does so with the express understanding that Employee has been given and declined the opportunity to consider the ADEA Release prior to executing it; and you understand that you have been given Agreement for a period of full twenty-one (21) days. Employee has seven (7) days from after delivering to the date Company an original of the execution of the ADEA Release this Agreement signed by Employee to revoke this Agreement. Revocation may be made by delivering a written notice of revocation to the ADEA ReleaseCompany, c/o Leigh Axx Xxxxxxxx, at lxxxxxxx.xxxxxxxx@0xxxxxxxxxxxxx.xxx. For the revocation to be effective, written notice must be actually received by the Company, as evidenced by confirmation of delivery, no later than the close of business on the seventh calendar day after Employee signs and understand and acknowledge that the ADEA Release will delivers this Agreement, or, if mailed, postmarked by such date. This Agreement shall not become effective or enforceable until the revocation period has expired, which date of expiration shall be the “Effective Date” of this Agreement. If you elect The release contained herein does not waive any rights or claims that Employee may have under the ADEA which may arise after the date Employee signs the reaffirmation of this Agreement. Employee hereby acknowledges and agrees that Employee has read this Agreement in its entirety and understands all of its terms and that Employee is knowingly and voluntarily waiving and releasing Employee’s rights and claims only in exchange for consideration (something of value) in addition to revoke this ADEA Release, revocation must be in writing anything of value to which Employee is already entitled. The Company and presented Employee agree that any changes made to the Board of Directors Agreement, whether material or their designee within seven (7) days from immaterial, do not restart the date running of the execution of the Releasetwenty-one (21) day period described above.

Appears in 1 contract

Samples: Separation Agreement (4Front Ventures Corp.)

ADEA Release. For Executive hereby acknowledges that Executive is knowingly and voluntarily entering into this Agreement with the good purpose of waiving and valuable consideration provided for releasing any claims under the Agreement, ADEA (a law which prohibits discrimination on the sufficiency basis of which is hereby acknowledgedage), and to which you acknowledge you are not otherwise entitledas such, Executive acknowledges and other valuable consideration, the sufficiency of which agrees that: (1) this Agreement is hereby acknowledged, you hereby completely worded in an understandable way and forever release he has read and irrevocably discharge each of the Releasees, of and from fully understands its terms; (2) any and all liabilities, claims, actions, demands, and/or causes of action, rights or claims arising under the ADEA on or before the date of this Release are waived; (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any 3) claims under the ADEA that may arise after the date of this Release Agreement is executed are not waived; ; (4) the rights and claims waived in this Release and this ADEA Release Agreement are in exchange for additional consideration over and above anything to which you were Executive was already undisputedly entitled; you have ; (5) Executive has been and hereby are advised in writing by ADSI to consult with an attorney prior to executing the this Agreement, this Release and the ADEA Release; you understand ; (6) Executive acknowledges that you have he has been given a twenty-one-day (21-day) period of up to twenty-one (21) days time from the date of receipt of this Agreement to consider all of the ADEA Release prior to executing it; provisions of this Agreement, and you understand that you have been he does knowingly and voluntarily waive said given a period of seven 21-day period; (7) Any changes made to this Agreement, whether material or immaterial, will not restart the running of this twenty-one-day (21-day) period; (8) Executive may revoke this waiver and release of any ADEA (age discrimination) claims covered by this Agreement within seven days from the date of this Agreement is executed (such seven-day period, the execution of the ADEA Release to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will “Revocation Period”) (9) This Agreement shall not become effective or enforceable until the revocation period Revocation Period has expiredpassed and Executive shall not have revoked his waiver and release of any ADEA claim during the Revocation Period. If you elect Executive revokes this Agreement, Executive will be deemed not to revoke have accepted the terms of this Agreement and ADSI will have no obligations hereunder; and (10) Nothing in this Agreement shall be construed as a limitation on the right of Executive to participate in any investigation by the Equal Employment Opportunity Commission into any charge that ADEA Releasehas been violated, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Releaseincluding a charge filed by Executive.

Appears in 1 contract

Samples: Retirement Agreement (Alliance Data Systems Corp)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Employee hereby completely and forever release releases and irrevocably discharge each of the Releaseesdischarges Employer, its predecessors, successors, subsidiaries, affiliates, officers, directors, employees, agents, attorneys and representatives, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA on or before the date of this Release (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and this Release, including this the ADEA Release, was negotiated at arms’ arms length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you Employee fully understandunderstands; you Employee specifically waive waives any rights or claims under the ADEA; you Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this Release, including this the ADEA Release; you acknowledge Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this Release, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the AgreementRelease, this Release and including the ADEA Release; you understand Employee understands that you have he/she has been given a period of up to twentyforty-one five days (2145) days to consider the ADEA Release prior to executing it; and you understand Employee understands that you have he/she has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Releasehis/her release of age discrimination claims, revocation must be in writing and presented to the Board of Directors or their designee Xxxxx Xxxxxxx, Human Resources Manager, CSI Compressco, X.X. Xxx 00000, Xxxxxxx Xxxxx 00000, within seven (7) days from the date of the execution of the Release. Employee acknowledges that he/she received this Release on or before December 4, 2015 and agrees that any discussions between Employee and Employer concerning the terms of this Release and/or any change in the terms of this Release after December 4, 2015 shall not affect or restart the above-referenced forty-five (45) day consideration period. Employee further acknowledges that this Release is offered in connection with an employment termination program affecting more than one employee of the Employer. Attached hereto as Exhibit A is a description of the employment termination program. Employee acknowledges receipt of information about the ages of the employees within the decisional unit.

Appears in 1 contract

Samples: Separation and Release Agreement (CSI Compressco LP)

ADEA Release. For Except as otherwise provided in Article II.D. below, Executive hereby acknowledges that Executive is knowingly and voluntarily entering into this Agreement with the good purpose of waiving and valuable consideration provided for releasing any claims under the AgreementAge Discrimination in Employment Act of 1967 (“ADEA”). In accordance with the Older Workers Benefit Protection Act, the sufficiency of Executive acknowledges and agrees that: (1) this Agreement is written in a manner which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from Executive fully understands; (2) any and all liabilities, claims, actions, demands, and/or causes of action, rights or claims arising under the ADEA on or before the date of this Release are specifically waived; (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you fully understand; you specifically waive 3) any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release Agreement is executed are not waived; ; (4) the rights and claims waived in this Release and this ADEA Release Agreement are in exchange for additional consideration over and above anything to which you were Executive was already undisputedly entitled; you have been and hereby are ; (5) Executive acknowledges that by receipt of this Agreement, Alliance Data has advised Executive, in writing writing, to consult with an attorney prior to executing the this Agreement, this Release and the ADEA Release; you understand that you have been Executive has, in fact, had an opportunity to do so; (6) Executive is hereby given a period of up to twenty-one (21) days day period of time to consider the ADEA Release this Agreement. Executive may voluntarily sign this Agreement prior to executing it; the expiration of the twenty-one (21) day period, but no earlier than Executive’s last day of work. If Executive enters into this Agreement before the twenty-one (21) day period has elapsed, Executive is knowingly and you understand that you have been given a period of seven voluntarily waiving Executive’s right to wait the full twenty-one (21) day period; (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand and acknowledge that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect to Executive may revoke this waiver and release of any ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee claims covered by this Agreement within seven (7) days from the date this Agreement is executed. If Executive wishes to revoke Executive’s release of claims and rights under the ADEA, Executive must deliver written notice stating Executive’s intent to so revoke as provided in Article X, on or before 11:59 p.m. on the seventh (7th) day after the date on which Executives signs this Agreement. In the event Executive’s release of claims and rights under the ADEA is so timely revoked, Executive shall not be entitled to any of the execution consideration or other benefits set forth in this Agreement, except as provided in Article I.A.; (8) This Agreement shall not become effective until the seven-day (7-day) revocation period has passed and Executive shall not have revoked Executive’s waiver and release of any ADEA claim during the Releaseseven-day period; and (9) Any changes made to this Agreement, whether material or immaterial, will not restart the running of this twenty-one (21) day period.

Appears in 1 contract

Samples: Executive General Release and Enhanced Severance Agreement (Alliance Data Systems Corp)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Employee hereby completely and forever release releases and irrevocably discharge each of discharges the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Employee signs this Release Agreement, and hereby acknowledges and agrees that: (i) this Release Agreement was negotiated at arm’s length; (ii) this Release Agreement, including this release of ADEA claims (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner that you Employee fully understandunderstands; you (iii) Employee specifically waive waives any rights or claims under the ADEA; you (iv) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this ADEA Release; you acknowledge (v) Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and Agreement, including this ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have (vii) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the Agreement, this Release and the ADEA ReleaseAgreement; you understand (viii) Employee acknowledges that you have he has been given a period of up to twentyforty-one five (2145) days from receipt of this Release Agreement to consider the this ADEA Release prior to executing it, although he may accept it any time within such forty-five (45) days, and acknowledges and agrees that any discussions between Employee and the Company and/or TETRA concerning the terms of this Release Agreement, including this ADEA Release, and/or any change in the terms of this Release Agreement, including this ADEA Release, after the date that Employee first receives this Release Agreement shall not affect or restart such forty-five (45) day consideration period; and you understand (ix) Employee understands that you have been given he has a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the this ADEA Release, and understand understands and acknowledge acknowledges that the this ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee Xxxxx Xxxxxxxx, Director, Global Human Resources, TETRA Technologies, Inc., 00000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the date of the execution of this Agreement. Attached hereto as Exhibit 1 is a description of the Releaseemployment termination program and information about the ages of the employees within the decisional unit which will implement the described employment termination program.

Appears in 1 contract

Samples: Separation and Release Agreement (Tetra Technologies Inc)

ADEA Release. For In consideration of the good and valuable consideration provided for under promises of the Company set forth in this Agreement, the sufficiency of which is Employee hereby acknowledged, releases and to which you acknowledge you are not otherwise entitled, and other valuable consideration, discharges the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or causes of action, Claims that the Employee may have against the Released Parties arising under the ADEA on or before the date U.S. Age Discrimination in Employment Act of this Release (the “ADEA Release”)1967, as amended, and hereby acknowledge the applicable rules and agree regulations promulgated thereunder ("ADEA"). The Employee acknowledges that the Employee understands that the ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. The Employee also understands that: , by signing this Agreement, the Agreement Employee is waiving all Claims against any and all of the Released Parties released by this Agreement. By signing this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement Employee hereby acknowledges and this Release, including confirms the ADEA Release, following: (a) The Employee is worded in a manner that you fully understand; you specifically waive any rights or claims under providing the ADEA; you knowingly release and voluntarily agree to all of the terms discharge set forth in the this Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above in addition to anything of value to which you were the Employee is already undisputedly entitled; you have been and . (b) The Employee was hereby are advised by the Company in writing to consult with an attorney of the Employee's choice prior to executing signing this Agreement and to have such attorney explain to the AgreementEmployee the terms of this Agreement including, without limitation, the terms relating to his release of claims arising under the ADEA. (c) The Employee has read this Release Agreement carefully and completely and understands each of the ADEA Release; you understand terms thereof. (d) The Employee is aware that you have been given a period of up to twentyhe has forty-one five (2145) days in which to consider the ADEA Release terms of the release contained in this Agreement. To the extent the Employee has executed this Agreement within less than forty-five (45) days after its delivery to the Employee, the Employee hereby acknowledges that the Employee's decision to execute this Agreement prior to executing it; and you understand that you have been given the expiration of such forty-five (45)-day period was entirely voluntary. For a period of seven (7) days from following the date Employee's execution and delivery of this Agreement, the execution of Employee has the ADEA Release right to revoke the ADEA Releaserelease contained in this Agreement (the "Revocation Period") commencing immediately following the date the Employee signs and delivers this Agreement to the Company. The Revocation Period shall expire at 5:00 p.m. California time on the last day of the Revocation Period; provided, and understand and acknowledge however, that if such seventh day is not a business day, the ADEA Release will not become Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by the Employee shall be effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be unless it is in writing and presented signed by the Employee and received by the Company prior to the Board of Directors or their designee within seven (7) days from the date expiration of the execution Revocation Period. (e) As set forth in section 7(f)(1)(C) of the ReleaseADEA, as added by the Older Workers Benefit Protection Act of 1990, the Employee understands that the Employee is not waiving any rights or Claims provided under ADEA that may arise after this Agreement is executed by the Employee.

Appears in 1 contract

Samples: Separation Agreement (Lipid Sciences Inc/)

ADEA Release. For In accordance with the good and valuable consideration provided for under the AgreementOlder Workers Benefit Protection Act of 1990, the sufficiency of which is Employee hereby acknowledgedfully, finally, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, completely releases the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, Releasees of and from any and all liabilities, claims, actionscharges, demands, and/or or causes of action, action arising under the ADEA on or before the date of this Release Termination Date under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act (together, the “ADEA”), which prohibit age discrimination in employment (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: : a) the Agreement and this ReleaseAgreement, including this which includes the ADEA Release, was negotiated at arms-length; ; b) the Agreement and this ReleaseAgreement, including which includes the ADEA Release, is worded in a manner that you Employee fully understand; you understands; c) Employee specifically waive waives any rights or claims under the ADEA; you ; d) Employee knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseAgreement, including this which includes the ADEA Release; you acknowledge ; e) Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release Termination Date are not waived; ​ Confidential Severance Agreement and General Release October 8, 2024 f) the rights and claims waived in this Release and this Agreement, which includes the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee is already undisputedly entitled; you have been and hereby are advised in writing ; g) Employee has the right to consult with an attorney prior to executing the before signing this Agreement, this Release and the ADEA Release; you understand that you have been given a period of up to ; h) Employee has twenty-one (21) days to consider the ADEA Release prior whether to executing itsign this Agreement; and you understand that you have been given a period of and i) Employee has seven (7) days from the date after signing this Agreement to revoke his acceptance to this Agreement, and this Agreement will not be effective, and Employee will not receive any of the execution of the ADEA Release to revoke the ADEA ReleaseSeparation Benefits described herein, and understand and acknowledge until that the ADEA Release will not become effective or enforceable until the revocation period has expired, which shall be the eighth (8th) day after Employee signs the Agreement, assuming it is not revoked (such date, the “Effective Date”). If you elect Employee wishes to revoke Employee’s acceptance of this ADEA Releaseagreement, revocation Employee must deliver written notice stating Employee’s intent to revoke by email to Xxxx Xxxxxx, CFO, on or before 5:00 p.m. Eastern on the seventh (7th) day after the date on which Employee signs this Agreement. If the Agreement is revoked, Employee will not be in writing and presented entitled to the Board of Directors Separation Benefits under this Agreement. Nothing in this Agreement prevents or their designee within seven (7) days precludes Employee from the date challenging or seeking a determination in good faith of the execution 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. The Parties agree that changes to this Agreement, whether material or immaterial, do not restart the running of the Release.twenty-one (21) day review period

Appears in 1 contract

Samples: Severance Agreement (Aprea Therapeutics, Inc.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee within seven (7) days from the date of the execution of the Release.acknowledges

Appears in 1 contract

Samples: Change of Control Agreement (CSI Compressco LP)

ADEA Release. For In consideration of the good and valuable consideration provided for under promises of the Company set forth in this Agreement, the sufficiency of which is Employee hereby acknowledged, releases and to which you acknowledge you are not otherwise entitled, and other valuable consideration, discharges the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and Released Parties from any and all liabilities, claims, actions, demands, and/or causes of action, Claims that the Employee may have against the Released Parties arising under the ADEA on or before the date U.S. Age Discrimination in Employment Act of this Release (the “ADEA Release”)1967, as amended, and hereby acknowledge the applicable rules and agree regulations promulgated thereunder ("ADEA"). The Employee acknowledges that the Employee understands that the ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. The Employee also understands that: , by signing this Agreement, the Agreement Employee is waiving all Claims against any and all of the Released Parties released by this Agreement. By signing this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement Employee hereby acknowledges and this Release, including confirms the ADEA Release, following: (a) The Employee is worded in a manner that you fully understand; you specifically waive any rights or claims under providing the ADEA; you knowingly release and voluntarily agree to all of the terms discharge set forth in the this Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above in addition to anything of value to which you were the Employee is already undisputedly entitled; you have been and . (b) The Employee was hereby are advised by the Company in writing to consult with an attorney of the Employee's choice prior to executing signing this Agreement and to have such attorney explain to the AgreementEmployee the terms of this Agreement including, without limitation, the terms relating to his release of claims arising under the ADEA. (c) The Employee has read this Release Agreement carefully and completely and understands each of the ADEA Release; you understand terms thereof. (d) The Employee is aware that you have been given a period of up to he has twenty-one (21) days in which to consider the ADEA Release terms of the release contained in this Agreement. To the extent the Employee has executed this Agreement within less than twenty-one (21) days after its delivery to the Employee, the Employee hereby acknowledges that the Employee's decision to execute this Agreement prior to executing it; and you understand that you have been given the expiration of such twenty-one (21)-day period was entirely voluntary. For a period of seven (7) days from following the date Employee's execution and delivery of this Agreement, the execution of Employee has the ADEA Release right to revoke the ADEA Releaserelease contained in this Agreement (the "Revocation Period") commencing immediately following the date the Employee signs and delivers this Agreement to the Company. The Revocation Period shall expire at 5:00 p.m. California time on the last day of the Revocation Period; provided, and understand and acknowledge however, that if such seventh day is not a business day, the ADEA Release will not become Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by the Employee shall be effective or enforceable until the revocation period has expired. If you elect to revoke this ADEA Release, revocation must be unless it is in writing and presented signed by the Employee and received by the Company prior to the Board of Directors or their designee within seven (7) days from the date expiration of the execution Revocation Period. (e) As set forth in section 7(f)(1)(C) of the ReleaseADEA, as added by the Older Workers Benefit Protection Act of 1990, the Employee understands that the Employee is not waiving any rights or Claims provided under ADEA that may arise after this Agreement is executed by the Employee.

Appears in 1 contract

Samples: Separation Agreement (Lipid Sciences Inc/)

ADEA Release. For the good The general release contained herein specifically includes a waiver and valuable consideration provided for release of all claims which Employee has or may have under the AgreementAge Discrimination in Employment Act, as amended, 29 U.S.C. Sections 621, et seq. ("ADEA"), based on Employee's employment, the sufficiency of which is hereby acknowledgedseparation from that employment, and to which you acknowledge you are not otherwise entitledor any event, and other valuable considerationtransaction, the sufficiency of which is hereby acknowledgedoccurrence, you hereby completely and forever release and irrevocably discharge each of the Releasees, of and from any and all liabilities, claims, actions, demands, and/or causes of action, arising under the ADEA act or omission occurring on or before Employee signs the date reaffirmation of this Release (the “ADEA Release”), and hereby acknowledge and agree that: the Agreement and this Release, including this ADEA Release, was negotiated at arms’ length; the Agreement and this Release, including the ADEA Release, is worded in a manner Agreement. Employee acknowledges that you fully understand; you specifically waive any rights or claims under the ADEA; you knowingly and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand that any claims under the ADEA that may arise after the date of this Release are not waived; the rights and claims waived in this Release and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have Employee has been and hereby are advised in writing to consult with an attorney prior to executing the attorney, if desired, concerning this Agreement and has received all advice Employee deems necessary concerning this Agreement, this Release and the ADEA Release; you understand that you have been given a period of up to . Employee has twenty-one (21) days after Employee receives this Agreement to decide whether or not to sign this Agreement, and should Employee execute this Agreement in fewer than twenty­ one (21) days, Employee does so with the express understanding that Employee has been given and declined the opportunity to consider the ADEA Release prior to executing it; and you understand that you have been given Agreement for a period of full twenty-one (21) days. Employee has seven (7) days from after delivering to the date Company an original of the execution of the ADEA Release this Agreement signed by Employee to revoke this Agreement. Revocation may be made by delivering a written notice of revocation to the ADEA ReleaseCompany via Xxxxx Xxxxxxxxxx at the Company's physical address as well as to email address: xxxxxxxxxxx@xxxxxxx.xxx. For the revocation to be effective, written notice must be actually received by the Company, as evidenced by confirmation of delivery, no later than the close of business on the seventh calendar day after Employee signs and understand and acknowledge that the ADEA Release will delivers this Agreement, or, if mailed, postmarked by such date. This Agreement shall not become effective or enforceable until the revocation period has expired, which date of expiration shall be the "Effective Date" of this Agreement. If you elect The release contained herein does not waive any rights or claims that Employee may have under the ADEA which may arise after the date the Employee signs the reaffirmation of this Agreement. Employee hereby acknowledges and agrees that Employee has read this Agreement in its entirety and understands all of its terms and that Employee is knowingly and voluntarily waiving and releasing Employee's rights and claims only in exchange for consideration (something of value) in addition to revoke this ADEA Release, revocation must be in writing anything of value to which Employee is already entitled. The Company and presented Employee agree that any changes made to the Board of Directors Agreement, whether material or their designee within seven (7) days from immaterial, do not restart the date running of the execution of the Releasetwenty-one (21) day period described above.

Appears in 1 contract

Samples: Separation Agreement (Everspin Technologies Inc)

ADEA Release. For the good and valuable consideration provided for under the AgreementEmployee hereby fully, the sufficiency of which is hereby acknowledgedfinally, and to which you acknowledge you are not otherwise entitled, completely releases the Company and other valuable consideration, the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, Released Parties of and from any and all liabilities, claims, actionscharges, demands, and/or or causes of action, action arising under the ADEA on or before the date of this Release Agreement is executed under the Age Discrimination in Employment Act and the Older Workers’ Benefit Protection Act, 42 U.S.C. §§ 1981, 1983, 1985 (“ADEA”), which prohibit age discrimination in employment (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: : (a) this Agreement, which includes the Agreement and this Release, including this ADEA Release, was negotiated at arms-length; the Agreement and ; (b) this ReleaseAgreement, including which includes the ADEA Release, is worded in a manner that you Employee fully understand; you understands; (c) Employee specifically waive waives any rights or claims under the ADEA; you ; (d) Employee knowingly and voluntarily agree agrees to all of the terms set forth in this Agreement, which includes the Agreement and this Release, including this ADEA Release; you acknowledge ; (e) Employee acknowledges and understand understands that any claims under the ADEA that may arise after the date of this Release Effective Termination Date are not waived; ; (f) the rights and claims waived in this Release and this Agreement, which includes the ADEA Release Release, are in exchange for consideration over and above anything to which you were Employee was already undisputedly entitled; you have ; (g) Employee has been and hereby are is advised in writing to consult with an attorney prior to executing the this Agreement, this Release and including the ADEA Release; you understand ; (h) Employee understands that you have he has been given a period of up to at least twenty-one (21) days calendar days, beginning the date immediately following the date he was provided with a copy of this Agreement, to consider the ADEA Release prior to executing it; and you understand and (i) Employee understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Employee elects to revoke this ADEA Releaserelease of age discrimination claims, revocation must be in writing and presented to the Board of Directors or their designee Xxxxx Xxxxxxxx at xxxxx.xxxxxxxx@xxx-xx.xxx, with a copy to Xxxx Xxxxxx at xxxx.xxxxxx@xxx-xx.xxx, within seven (7) days from the date of the his execution of this Agreement that contains the ADEA Release. Employee further agrees that only material changes in the terms of this Agreement shall affect or restart the above-referenced 21-day consideration period. Employee understands that nothing in this Agreement is intended to interfere with or deter Employee’s right to challenge the waiver of a claim under the ADEA or state law age discrimination claim or the filing of an ADEA charge or ADEA complaint or state law age discrimination complaint or charge with the EEOC or any state discrimination agency or commission or to participate in any investigation or proceeding conducted by those agencies. Further, Employee understands that nothing in this Agreement would require Employee to tender back the money received under this Agreement if Employee seeks to challenge the validity of the ADEA or state law age discrimination waiver, nor does Employee agree to ratify any ADEA or state law age discrimination waiver that fails to comply with the Older Workers’ Benefit Protection Act by retaining the money received under this Agreement. Further, nothing in this Agreement is intended to require the payment of damages, attorneys’ fees, or costs to the Company should Employee challenge the waiver of an ADEA or state law age discrimination claim or file an ADEA or state law age discrimination suit except as authorized by federal or state law.

Appears in 1 contract

Samples: Severance Agreement (IES Holdings, Inc.)

ADEA Release. For the good and valuable consideration provided for under the Agreement, the sufficiency of which is hereby acknowledged, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, the sufficiency of which is hereby acknowledged, you Executive hereby completely and forever release releases and irrevocably discharge each of discharges the ReleaseesReleased Parties, of and from any and all liabilities, claims, actions, demands, and/or causes of action, Claims arising under the ADEA Age Discrimination in Employment Act (“ADEA”) on or before the date of Executive signs this Release Agreement (the “ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: the Agreement and (i) this ReleaseRelease Agreement, including this the ADEA Release, was negotiated at arms’ arm’s length; the Agreement and (ii) this ReleaseRelease Agreement, including the ADEA Release, is worded in a manner that you Executive fully understandunderstands; you (iii) Executive specifically waive waives any rights or claims under the ADEA; you (iv) Executive knowingly and voluntarily agree agrees to all of the terms set forth in the Agreement and this ReleaseRelease Agreement, including this the ADEA Release; you acknowledge (v) Executive acknowledges and understand understands that any claims Claims under the ADEA that may arise after the date of this Release Agreement are not waived; (vi) the rights and claims waived in this Release and this Agreement, including the ADEA Release Release, are in exchange for consideration over and above anything to which you were Executive was already undisputedly entitled; you have (vii) Executive has been and hereby are is advised in writing to consult with an attorney prior to executing the Release Agreement, this Release and including the ADEA Release; you understand (viii) Executive acknowledges that you have he has been given a period of up to twenty-one (21) days from receipt of this Release Agreement to consider the ADEA Release prior to executing itit and acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release Agreement and/or any change in the terms of this Release Agreement after the date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and you understand (ix) Executive understands that you have he has been given a period of seven (7) days from the date of the execution of the ADEA this Release Agreement to revoke the ADEA Release, and understand understands and acknowledge acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect Executive elects to revoke this ADEA Release, revocation must be in writing and presented to the Board of Directors or their designee __________________, __________________, CSI Compressco GP Inc., 00000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the date of the execution of the ReleaseRelease Agreement.

Appears in 1 contract

Samples: Change of Control Agreement (CSI Compressco LP)

ADEA Release. For the good and valuable consideration provided for under the AgreementThe Executive hereby fully, the sufficiency of which is hereby acknowledgedfinally, and to which you acknowledge you are not otherwise entitled, and other valuable consideration, completely releases the sufficiency of which is hereby acknowledged, you hereby completely and forever release and irrevocably discharge each of the Releasees, Released Parties of and from any and all liabilities, claims, actionscharges, demands, and/or or causes of action, action arising under the ADEA on or before the date of on which the Executive execute this ADEA Release under the Age Discrimination in Employment Act and the Older Workers’ Benefit Protection Act, 42 U.S.C. §§ 1981, 1983, 1985 (together, the “ADEA”) and any state-law counterparts, which prohibit age discrimination in employment (“ADEA Release”), and hereby acknowledge acknowledges and agree agrees that: : a. The Executive has read and understands the Separation Agreement and Release as well as the legal and binding effect of this Release, including document and that the Executive is hereby advised in writing to consult an attorney before signing this ADEA Release, was negotiated at arms’ length; the Separation Agreement and Release; ​ ​ b. The Executive has relied solely on the Executive’s own judgment and/or that of the Executive’s attorney regarding the consideration for and the terms of this Separation Agreement and Release and is signing this Separation Agreement and Release knowingly and voluntarily of the Executive’s own free will; c. The Executive is not otherwise entitled to the Severance Benefits unless he or she agrees to and complies fully with the terms of this Separation Agreement and Release, including ; d. The Executive has been given the ADEA opportunity to consult with legal counsel for the purpose of reviewing the terms of this Separation Agreement and Release, is worded in a manner that you fully understand; you ; e. The Executive specifically waive waives any rights or and claims under the ADEA; you knowingly ; f. The Executive acknowledges and voluntarily agree to all of the terms set forth in the Agreement and this Release, including this ADEA Release; you acknowledge and understand understands that any claims under the ADEA that may arise after the date of on which the Executive execute this Separation Agreement and Release are not waived; ; g. The Executive has been provided with certain additional information (in the rights appendix, attached hereto as Exhibit A) required by the ADEA, including the job titles and claims waived ages of other employees in this Release the Executive’s decisional unit who were, or were not, separated from employment and this ADEA Release are in exchange for consideration over and above anything to which you were already undisputedly entitled; you have been and hereby are advised in writing to consult with an attorney prior to executing the Agreement, this Release and the ADEA Release; you understand that you have offered a separation agreement; h. The Executive has been given a period of up to twentyat least forty-one five (2145) days to consider this Separation Agreement and Release, and if the ADEA Executive chose to sign this Separation Agreement and Release prior to executing it; and you understand that you have been given a period of seven in fewer than forty-five (745) days from receipt, that decision was entirely knowing and voluntary. The Executive understands and agrees that any changes to this Separation Agreement and Release, whether material or immaterial, do not restart the date forty-five (45) day consideration period; i. To accept this Separation Agreement and Release, the Executive must deliver a signed Separation Agreement and Release to the applicable individual set forth below, within forty-five (45) days of the execution Executive’s receipt of the ADEA Release to revoke the ADEA this Separation Agreement and Release, and understand and acknowledge : ​ Xxxxxxxx Xxxxxxxx General Counsel xxxxxxxxx@xxxxxxxx.xxx ​ The Executive further understands that the ADEA Release will not become effective or enforceable until the revocation period has expired. If you elect to Executive may revoke this ADEA Release, revocation must be in writing Separation Agreement and presented to the Board of Directors or their designee Release within seven (7) days from after signing by providing written notice within such period to the individual set forth above. The Executive further understands that this Separation Agreement and Release is not effective or enforceable until the day following the seven (7) day period of revocation has expired without revocation (the “Effective Date”), and that if the Executive revokes this Separation Agreement and Release within the seven (7) day revocation period, the Executive will not receive the Severance Benefits. ​ j. The Executive has read and understands the Separation Agreement and Release and further understands that it includes a general release of any all known and unknown, foreseen and unforeseen claims presently asserted or otherwise arising through the date of ​ ​ the execution Executive’s signing of this Separation Agreement and Release that he or she may have against any of the Released Parties; k. No statements made or conduct by any of the Released Parties has in any way coerced or unduly influenced the Executive to execute this Separation Agreement and Release.; and l. All stock options and other stock-based awards held by the Executive shall be governed by the applicable equity incentive plan and award agreements (the “Equity Documents”). Executive understands that nothing in this Separation Agreement and Release is intended to interfere with or deter the Executive’s right to (i) challenge the waiver of an ADEA or state-law age discrimination claim, (ii) file an ADEA or state-law age discrimination claim with the Equal Employment Opportunity Commission (“EEOC”) or any similar state-agency, or (iii) otherwise participate in any EEOC or state-agency investigation or proceeding regarding any such claim. Further, the Executive understands that nothing in this Separation Agreement and Release would require the Executive to tender back the money or other benefits received under this Separation Agreement and Release if the Executive seeks to challenge the validity of the ADEA Release, and the Executive does not ratify any ADEA or state-law age discrimination waiver that fails to comply with the Older Workers’ Benefit Protection Act by retaining the money or other benefits received under this Separation Agreement and Release. Further, nothing in this Separation Agreement and Release is intended to require the payment of damages, attorneys’ fees, or costs to the Company should the Executive challenge the ADEA Release or file an ADEA or state-law age discrimination suit except as authorized by federal or state law. ​

Appears in 1 contract

Samples: Separation Agreement (Akoya Biosciences, Inc.)

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