ADEA Release. In recognition of the consideration provided in the Agreement, the Employee hereby releases and discharges the Released Parties from any and all claims, actions and causes of action that he may have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms the following: (a) He is providing the release and discharge set forth in this Section 2 in exchange for consideration in addition to anything of value to which he is already entitled. (b) He was hereby advised by the Company in writing to consult with an attorney of his choice prior to signing this Release and to have such attorney explain to his the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA. (c) He has read this Release carefully and completely and understands each of the terms thereof. (d) He is aware that he has twenty-one days in which to consider the terms of this Release, which the Employee has knowingly and voluntarily waived by accepting the terms of the offer as described herein. For a period of seven days following his acceptance hereof, the Employee has the right to revoke the release contained in this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is in writing and signed by the Employee and received by the Company prior to the expiration of the Revocation Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Release.
Appears in 1 contract
ADEA Release. In recognition The general release contained herein specifically includes a waiver and release of the consideration provided in the Agreement, the all claims which Employee hereby releases and discharges the Released Parties from any and all claims, actions and causes of action that he has or may have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967Act, as amended, and the applicable rules and regulations promulgated thereunder 29 U.S.C. Sections 621, et seq. ("ADEA"), based on Employee's employment, the separation from that employment, or any event, transaction, occurrence, act or omission occurring on or before Employee signs the reaffirmation of this Agreement. The Employee acknowledges that he understands Employee has been advised to consult with an attorney, if desired, concerning this Agreement and has received all advice Employee deems necessary concerning this Agreement. 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 ADEA is Employee has been given and declined the opportunity to consider the Agreement for a federal statute that prohibits discrimination full twenty-one (21) days. Employee has seven (7) days after delivering to the Company an original of this Agreement signed by Employee to revoke this Agreement. Revocation may be made by delivering a written notice of revocation to the Company 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 basis seventh calendar day after Employee signs and 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 age in employment, benefits and benefit plansexpiration shall be the "Effective Date" of this Agreement. By signing 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 Release, the Agreement. Employee hereby acknowledges and confirms the following:
(a) He agrees that Employee has read this Agreement in its entirety and understands all of its terms and that Employee is providing the release knowingly and discharge set forth in this Section 2 voluntarily waiving and releasing Employee's rights and claims only in exchange for consideration (something of value) in addition to anything of value to which he Employee is already entitled.
(b) He was hereby advised by . The Company and Employee agree that any changes made to the Company in writing to consult with an attorney of his choice prior to signing this Release and to have such attorney explain to his Agreement, whether material or immaterial, do not restart the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.
(c) He has read this Release carefully and completely and understands each running of the terms thereof.
(d) He is aware that he has twenty-one days in which to consider the terms of this Release, which the Employee has knowingly and voluntarily waived by accepting the terms of the offer as (21) day period described herein. For a period of seven days following his acceptance hereof, the Employee has the right to revoke the release contained in this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is in writing and signed by the Employee and received by the Company prior to the expiration of the Revocation Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Releaseabove.
Appears in 1 contract
ADEA Release. In recognition of the consideration provided in the Agreement, the Employee hereby releases and discharges the Released Parties from any and all claims, actions and causes of action that he may have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms the following:
(a) He is providing the release and discharge set forth in this Section 2 in exchange for consideration in addition to anything of value to which he is already entitled.
(b) He was hereby advised by the Company in writing advises Executive to consult with an attorney of his choice prior to signing this Release and to have such attorney explain to his the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.
(c) He has read this Release carefully and completely and Agreement. Executive understands each of the terms thereof.
(d) He is aware that he has twenty-one (21) days in which to consider whether to sign this Agreement (the terms “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 Xxxxx X. Xxxxx December 16, 2020 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 as amended by the OWBPA after the date of execution of this ReleaseAgreement Executive further understands that he has seven (7) days following execution of this Agreement to validly revoke this Agreement. Such right of revocation constitutes a unilateral right afforded to Executive and the Company shall have no such right of revocation. Any revocation within this period must be submitted, which the Employee has knowingly in writing, to UDR, Inc., c/o Xxxxxx X. Xxxxxx, Chairman and voluntarily waived Chief Executive Officer, 0000 Xxxx Xxxxxx Drive, Suite 200, Highlands Ranch, CO 80129, by accepting the terms 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 offer as described herein. For a Agreement." This Agreement shall not become effective or enforceable until the revocation period of seven days following his acceptance hereof, the Employee has the right to revoke the release contained in this Section 2 expired without revocation (the "Revocation Period") commencing immediately following the date he signs and delivers this “Release to the CompanyEffective Date”). The Revocation Period shall expire at 5:00 p.m. E.S.T. on If the last day of the Revocation Period; providedrevocation period is a Saturday, howeverSunday, that if such seventh or legal holiday in Colorado, then the revocation period shall not expire until the next following day which is not a business daySaturday, the Revocation Period shall extend to 5:00 p.m. Sunday, or legal holiday in Colorado. If it is not validly revoked, this Agreement will become irrevocable and enforceable on the next succeeding business dayeighth day after Executive signs this Agreement. No such revocation by shall be effective unless it is in writing and signed by the Employee and received by Executive agrees with the Company prior that changes to this Letter Agreement, whether material or immaterial, do not restart the expiration running of the Revocation Consideration Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Release.
Appears in 1 contract
ADEA Release. In recognition of the consideration provided in the Agreement, the Employee hereby releases and discharges the Released Parties from any and all claims, actions and causes of action that he may have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms the following:
(a) He is providing the release and discharge set forth in this Section 2 in exchange for consideration in addition to anything of value to which he is already entitled.
(b) He was hereby advised by the Company in writing advises Executive to consult with an attorney of his choice prior to signing this Release and to have such attorney explain to his the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.
(c) He has read this Release carefully and completely and Agreement. Executive understands each of the terms thereof.
(d) He is aware that he has twenty-one (21) days in which to consider whether to sign this Agreement (the terms “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 as amended by the OWBPA after the date of execution of this ReleaseAgreement Executive further understands that he has seven (7) days following execution of this Agreement to validly revoke this Agreement. Such right of revocation constitutes a unilateral right afforded to Executive and the Company shall have no such right of revocation. Any revocation within this period must be submitted, which the Employee has knowingly in writing, to UDR, Inc., c/o Xxxxxx X. Xxxxxx, Chairman and voluntarily waived Chief Executive Officer, 0000 Xxxx Xxxxxx Drive, Suite 200, Highlands Ranch, CO 80129, by accepting the terms 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 offer as described herein. For a Agreement." This Agreement shall not become effective or enforceable until the revocation period of seven days following his acceptance hereof, the Employee has the right to revoke the release contained in this Section 2 expired without revocation (the "Revocation Period") commencing immediately following the date he signs and delivers this “Release to the CompanyEffective Date”). The Revocation Period shall expire at 5:00 p.m. E.S.T. on If the last day of the Revocation Period; providedrevocation period is a Saturday, howeverSunday, that if such seventh or legal holiday in Colorado, then the revocation period shall not expire until the next following day which is not a business daySaturday, the Revocation Period shall extend to 5:00 p.m. Sunday, or legal holiday in Colorado. If it is not validly revoked, this Agreement will become irrevocable and enforceable on the next succeeding business dayeighth day after Executive signs this Agreement. No such revocation by shall be effective unless it is in writing and signed by the Employee and received by Executive agrees with the Company prior that changes to this Agreement, whether material or immaterial, do not restart the expiration running of the Revocation Consideration Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Release.
Appears in 1 contract
Samples: Resignation Agreement (UDR, Inc.)
ADEA Release. In recognition of the consideration provided in the Agreement, the Employee hereby releases and discharges the Released Parties from any and all claims, actions and causes of action that he may have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms the following:
(a) He is providing the release and discharge set forth in this Section 2 in exchange for consideration in addition to anything of value to which he is already entitled.
(b) He was hereby advised by the Company in writing advises Executive to consult with an attorney of his choice prior to signing this Release and to have such attorney explain to his the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.
(c) He has read this Release carefully and completely and Agreement. Executive understands each of the terms thereof.
(d) He is aware that he has twenty-one (21) days in which to consider Xxxxxx X. Xxxxxx December 31, 2019 whether to sign this Agreement (the terms “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 as amended by the OWBPA after the date of execution of this ReleaseAgreement Executive further understands that he has seven (7) days following execution of this Agreement to validly revoke this Agreement. Such right of revocation constitutes a unilateral right afforded to Executive and the Company shall have no such right of revocation. Any revocation within this period must be submitted, which the Employee has knowingly in writing, to UDR, Inc., c/o Xxxxxx X. Xxxxxx, Chairman and voluntarily waived Chief Executive Officer, 0000 Xxxx Xxxxxx Drive, Suite 200, Highlands Ranch, CO 80129, by accepting the terms 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 offer as described herein. For a Agreement." This Agreement shall not become effective or enforceable until the revocation period of seven days following his acceptance hereof, the Employee has the right to revoke the release contained in this Section 2 expired without revocation (the "Revocation Period") commencing immediately following the date he signs and delivers this “Release to the CompanyEffective Date”). The Revocation Period shall expire at 5:00 p.m. E.S.T. on If the last day of the Revocation Period; providedrevocation period is a Saturday, howeverSunday, that if such seventh or legal holiday in Colorado, then the revocation period shall not expire until the next following day which is not a business daySaturday, the Revocation Period shall extend to 5:00 p.m. Sunday, or legal holiday in Colorado. If it is not validly revoked, this Agreement will become irrevocable and enforceable on the next succeeding business dayeighth day after Executive signs this Agreement. No such revocation by shall be effective unless it is in writing and signed by the Employee and received by Executive agrees with the Company prior that changes to this Letter Agreement, whether material or immaterial, do not restart the expiration running of the Revocation Consideration Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Release.
Appears in 1 contract
Samples: Resignation Agreement (UDR, Inc.)
ADEA Release. In recognition further consideration of the consideration payments and benefits provided in the to you under this Agreement, the Employee Releasors hereby releases unconditionally release and discharges forever discharge the Released Parties from any and all claims, actions and causes of action Claims that he the Releasors may have against as of the Released Parties date you sign this Agreement arising under the U.S. Federal Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this ReleaseAgreement, you hereby acknowledge and confirm the following: (i) you were advised by the Company in connection with your termination to consult with an attorney of your choice prior to signing this Agreement and to have such attorney explain to you the terms of this Agreement, including, without limitation, the Employee hereby acknowledges terms relating to your release of claims arising under ADEA; (ii) you were given a period of not fewer than twenty-one days to consider the terms of this Agreement and confirms the following:
to consult with an attorney of your choosing with respect thereto; (aiii) He is you are providing the release and discharge set forth in this Section 2 7(b) only in exchange for consideration in addition to anything of value to which he is you are already entitled.
; and (biv) He was hereby advised by the Company in writing to consult with an attorney of his choice prior to signing this Release that you knowingly and to have such attorney explain to his voluntarily accept the terms of this Release including, without limitation, Agreement. You further acknowledge that you understand that during the terms relating to his release of claims arising under ADEA.
Revocation Period (cthe seven-day period following the date on which you sign this Agreement) He has read this Release carefully and completely and understands each of the terms thereof.
(d) He is aware that he has twenty-one days in which to consider the terms of this Release, which the Employee has knowingly and voluntarily waived by accepting the terms of the offer as described herein. For a period of seven days following his acceptance hereof, the Employee has the right to you may revoke the release contained in this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release 7(b), by delivering to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day Company by hand or by mail a written notice of your revocation of the Revocation Period; provided, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is release and waiver contained in writing and signed by the Employee and received by the Company this Section 7(b) prior to the expiration of the Revocation Period. The Employee further understands that If delivered by mail, the revocation must be: (1) postmarked within the Revocation Period; (2) properly addressed to the Company at the address on this letterhead, to the attention of the General Counsel; and (3) sent by certified mail return receipt requested. Such right of revocation right relates only to revoke the release contained set forth in this Section 2 relates only to this section and 7(b) does not act as a revocation of any other term of the Agreement and the Releasethis Agreement.
Appears in 1 contract
ADEA Release. In recognition of the consideration provided in the Agreement, the Employee Executive hereby releases and discharges the Released Parties from any and all claims, actions and causes of action that he may have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder ("“ADEA"”). The Employee Executive acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee Executive hereby acknowledges and confirms the following:
(a) He is providing the release and discharge set forth in this Section 2 in exchange for consideration in addition to anything of value to which he is already entitled.
(b) He was hereby advised by the Company in writing to consult with an attorney of his choice prior to signing this Release and to have such attorney explain to his the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.
(c) He has read this Release carefully and completely and understands each of the terms thereof.
(d) He is aware that he has twenty-one days in which to consider the terms of this Release, which the Employee Executive has knowingly and voluntarily waived by accepting the terms of the offer as described herein. For a period of seven days following his acceptance hereof, the Employee Executive has the right to revoke the release contained in this Section 2 (the "“Revocation Period"”) commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is in writing and signed by the Employee Executive and received by the Company prior to the expiration of the Revocation Period. The Employee further As set forth in section 7(f)(1)(C) of the ADEA, as added by the Older Workers Benefit Protection Act of 1990, Executive understands that Executive is not waiving any rights or claims provided under ADEA that may arise after this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Releaseis executed by Executive.
Appears in 1 contract
Samples: Separation Agreement (Chippac Inc)
ADEA Release. In recognition of the consideration provided in the Agreement, the Employee hereby releases Executive acknowledges that Executive is waiving and discharges the Released Parties from releasing any and all claims, actions and causes of action that he rights Executive may have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967, as amended, (“ADEA”) and the applicable rules that this waiver and regulations promulgated thereunder ("ADEA")release is knowing and voluntary. The Employee Executive acknowledges that he understands that ADEA the consideration given for this Agreement is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms the following:
(a) He is providing the release and discharge set forth in this Section 2 in exchange for consideration in addition to anything of value to which he Executive is already entitled.
(b) He was hereby . Executive further acknowledges that Executive has been advised by the Company in this writing to that: (i) Executive should consult with an attorney of his choice prior to signing executing this Release and Agreement; (ii) Executive has up to have such attorney explain to his the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.
(c) He has read this Release carefully and completely and understands each of the terms thereof.
(d) He is aware that he has twenty-one (21) days in from the date hereof to consider this Agreement and the General Release attached as Exhibit A, and Executive will have the twenty-one (21) days prior to the end of the Employment Period within which to consider the terms General Release attached as Exhibit B, 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 the balance of the applicable review period; (iii) Executive has seven (7) days following Executive’s execution of this Release, which the Employee has knowingly Agreement and voluntarily waived by accepting the terms of the offer as described herein. For a period of seven days following his acceptance hereof, the Employee has the right General Release to revoke the release contained in this Section 2 Agreement and General Release (the "“Revocation Period"”); (iv) commencing immediately following this Agreement, including the date he signs and delivers this Release to the Company. The Revocation Period ADEA waiver, shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is not a business day, be effective until the Revocation Period shall extend to 5:00 p.m. on has expired; and (v) nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the next succeeding business dayvalidity 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. No Executive acknowledges that if Executive has not returned the signed Agreement and 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 by shall of this Agreement must be effective unless it is in writing and signed by the Employee and received by the Company prior must be delivered to the expiration L-3 Corporate Vice President of the Revocation Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation Human Resources, by certified mail or courier service (signature of any other term of the Agreement and the Releasereceipt required).
Appears in 1 contract
ADEA Release. In recognition of the consideration provided in the Employment Agreement, the Employee Executive hereby releases and discharges the Released Parties from any and all claims, actions and causes of action that he may have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder ("“ADEA"”). The Employee Executive acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee Executive hereby acknowledges and confirms the following:
(a) He The Executive is providing the release and discharge set forth in this Section 2 Release in exchange for consideration in addition to anything of value to which he is already entitled.
(b) He The Executive was hereby advised by the Company in writing to consult with an attorney of his choice prior to signing this Release and to have such attorney explain to his the terms of this Release including, without limitation, the terms relating to his release of claims arising under the ADEA.
(c) He The Executive has read this Release carefully and completely and understands each of the terms thereof.
(d) He The Executive is aware that he has twenty-one (21) days in which to consider the terms of this Release, which the Employee Executive has knowingly and voluntarily waived by accepting the terms of the offer as described herein. For a period of seven (7) days following his acceptance hereof, the Employee Executive has the right to revoke the release contained in this Section 2 3 (the "“Revocation Period"”) commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. New York City time on the last day of the Revocation Period; provided, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is in writing and signed by the Employee Executive and received by the Company prior to the expiration of the Revocation Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Release.
Appears in 1 contract
Samples: Employment Agreement (Utstarcom Inc)
ADEA Release. In recognition of the consideration provided in the Agreement, the Employee hereby releases Executive acknowledges that Executive is waiving and discharges the Released Parties from releasing any and all claims, actions and causes of action that he rights Executive may have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967, as amended, (“ADEA”) and the applicable rules that this waiver and regulations promulgated thereunder ("ADEA")release is knowing and voluntary. The Employee Executive acknowledges that he understands that ADEA the consideration given for this Agreement is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms the following:
(a) He is providing the release and discharge set forth in this Section 2 in exchange for consideration in addition to anything of value to which he Executive is already entitled.
(b) He was hereby . Executive further acknowledges that Executive has been advised by the Company in this writing to that: (i) Executive should consult with an attorney of his choice prior to signing executing this Release and Agreement; (ii) Executive has up to have such attorney explain to his the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.
(c) He has read this Release carefully and completely and understands each of the terms thereof.
(d) He is aware that he has twenty-one (21) days in 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 terms General Release 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 the balance of the applicable review period; (iii) Executive has seven (7) days following Executive’s execution of this Release, which Agreement and the Employee has knowingly and voluntarily waived by accepting the terms of the offer as described herein. For a period of seven days following his acceptance hereof, the Employee has the right Exhibit A Release to revoke the release contained in this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is in writing and signed by the Employee and received by the Company prior to the expiration of the Revocation Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Exhibit A Release, and 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 the ADEA waiver pursuant to the Exhibit A Release, shall not be effective until the Revocation Period with respect to the Exhibit A Release has expired; (v) L3’s obligations under Paragraphs 6.d. through 6.e. of this Agreement, and the ADEA waiver pursuant to 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 must be delivered to L3’s Senior Vice President and Chief Human Resources Officer (the “CHRO”), by certified mail or courier service (signature of receipt required).
Appears in 1 contract
ADEA Release. In recognition of the consideration provided in the Agreement, the Employee hereby releases and discharges the Released Parties from any and all claims, actions and causes of action that he may have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms the following:
(a) He is providing the release and discharge set forth in this Section 2 in exchange for consideration in addition to anything of value to which he is already entitled.
(b) He was hereby advised by the Company in writing advises Executive to consult with an attorney of his choice prior to signing this Release and to have such attorney explain to his the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.
(c) He has read this Release carefully and completely and Agreement. Executive understands each of the terms thereof.
(d) He is aware that he has twenty-one (21) days in which to consider whether to sign this Agreement (the terms “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 as amended by the OWBPA after the date of execution of this ReleaseAgreement Executive further understands that he has seven (7) days following execution of this Agreement to validly revoke this Agreement. Such right of revocation constitutes a unilateral right afforded to Executive and the Company shall have no such right of revocation. Any revocation within this period must be submitted, which the Employee has knowingly in writing, to UDR, Inc., c/o Corporate Secretary and voluntarily waived c/o Legal Department, 0000 Xxxx Xxxxxx Drive, Suite 200, Highlands Ranch, CO 80129, by accepting the terms 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 offer as described herein. For a Agreement." This Agreement shall not become effective or enforceable until the revocation period of seven days following his acceptance hereof, the Employee has the right to revoke the release contained in this Section 2 expired without revocation (the "Revocation Period") commencing immediately following the date he signs and delivers this “Release to the CompanyEffective Date”). The Revocation Period shall expire at 5:00 p.m. E.S.T. on If the last day of the Revocation Period; providedrevocation period is a Saturday, howeverSunday, that if such seventh or legal holiday in Colorado, then the revocation period shall not expire until the next following day which is not a business daySaturday, the Revocation Period shall extend to 5:00 p.m. Sunday, or legal holiday in Colorado. If it is not validly revoked, this Agreement will become irrevocable and enforceable on the next succeeding business dayeighth day after Executive signs this Agreement. No such revocation by shall be effective unless it is in writing and signed by the Employee and received by Executive agrees with the Company prior that changes to this Agreement, whether material or immaterial, do not restart the expiration running of the Revocation Consideration Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Release.
Appears in 1 contract
Samples: Executive Agreement (UDR, Inc.)
ADEA Release. In recognition of the consideration provided in the Agreement, the Employee hereby releases Executive acknowledges that Executive is waiving and discharges the Released Parties from releasing any and all claims, actions and causes of action that he rights Executive may have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967, as amended, (“ADEA”) and the applicable rules that this waiver and regulations promulgated thereunder ("ADEA")release is knowing and voluntary. The Employee Executive acknowledges that he understands that ADEA the consideration given for this Agreement is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms the following:
(a) He is providing the release and discharge set forth in this Section 2 in exchange for consideration in addition to anything of value to which he Executive is already entitled.
(b) He was hereby . Executive further acknowledges that Executive has been advised by the Company in this writing to that: (i) Executive should consult with an attorney of his choice prior to signing executing this Release and Agreement; (ii) Executive has up to have such attorney explain to his the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.
(c) He has read this Release carefully and completely and understands each of the terms thereof.
(d) He is aware that he has twenty-one (21) days in from the date hereof to consider this Agreement and the General Release attached as Exhibit A, and Executive will have the twenty-one (21) days ending on January 31, 2018 within which to consider the terms General Release attached as Exhibit B, 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 the balance of the applicable review period; (iii) Executive has seven (7) days following Executive’s execution of this Release, which the Employee has knowingly Agreement and voluntarily waived by accepting the terms of the offer as described herein. For a period of seven days following his acceptance hereof, the Employee has the right General Release to revoke the release contained in this Section 2 Agreement and General Release (the "“Revocation Period"”); (iv) commencing immediately following this Agreement, including the date he signs and delivers this Release to the Company. The Revocation Period ADEA waiver, shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is not a business day, be effective until the Revocation Period shall extend has expired; and (v) 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 5:00 p.m. on this Agreement do not restart or affect in any manner the next succeeding business dayoriginal 21-day consideration period provided in this paragraph. No Executive acknowledges that if Executive has not returned the signed Agreement and 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 by shall of this Agreement must be effective unless it is in writing and signed by the Employee and received by the Company prior must be delivered to the expiration L3 Corporate Vice President of the Revocation Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation Human Resources, by certified mail or courier service (signature of any other term of the Agreement and the Releasereceipt required).
Appears in 1 contract
ADEA Release. In recognition of the consideration provided in the Agreement, the Employee Executive hereby completely and forever releases and irrevocably discharges the Company and the other Released Parties Parties, as that term is defined in Section 3 above, from any and all liabilities, claims, actions and actions, demands, and/or causes of action that he may have against the Released Parties action, arising under the U.S. Age Discrimination in Employment Act ADEA on or before the date of 1967, as amendedthis Agreement (“ADEA Release”), and the applicable rules and regulations promulgated thereunder ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms the followingagrees that:
(a) He a. The Release Agreement, including the ADEA Release, was negotiated at arms-length;
b. The Release Agreement, including the ADEA Release, is providing worded in a manner that Executive fully understands;
c. Executive specifically waives any rights or claims under the release ADEA;
d. Executive knowingly and discharge voluntarily agrees to all of the terms set forth in this Section 2 the Release Agreement, including the ADEA Release;
e. Executive acknowledges and understands that any claims under the ADEA that may arise after the date of the Release Agreement are not waived;
f. The rights and claims waived in the Release Agreement, including the ADEA Release, are in exchange for consideration in addition to over and above anything of value to which he Executive was already undisputedly entitled;
g. Executive has been and hereby is already entitled.
(b) He was hereby advised by the Company in writing to consult with an attorney of his choice prior to signing this executing the Release and to have such attorney explain to his Agreement, including the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.ADEA Release;
(c) He has read this Release carefully and completely and h. Executive understands each of the terms thereof.
(d) He is aware that he has twenty-one been given a period of up to 21 days in which to consider the terms of this ReleaseADEA Release prior to executing it, which 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 Employee has knowingly and voluntarily waived by accepting the terms running of the offer as described herein. For 21-day review period; and
j. Executive understands that he has been given a period of seven (7) days following his acceptance hereof, from the Employee has date of the right execution of the ADEA Release to revoke the ADEA Release, and understands and acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If Executive elects to revoke his release contained in this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is not a business dayage discrimination claims, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall must be effective unless it is in writing and signed 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 Employee seventh day after the date on which Executive executes the Release Agreement. The consideration cited above and received by the Company prior to promises contained herein are made for the expiration purpose of purchasing the peace of the Revocation Period. The Employee further understands that this right Released Parties and are not to revoke the release contained in this Section 2 relates only to this section and does not act be construed as a revocation an admission of liability or as evidence of unlawful conduct by any other term of the Agreement and the ReleaseReleased Party, all liability being expressly denied.
Appears in 1 contract
ADEA Release. In recognition To the extent that the Executive is forty (40) years of age or older, this paragraph shall also apply. The Executive acknowledges that he has been offered a period of time of at least twenty-one (21) days from the consideration provided 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 AgreementCompany agrees that the Executive may cancel this General Release and Covenant Not to Xxx (including, the Employee hereby releases and discharges the Released Parties from without limitation, any and all claims, actions and causes of action that he may have against the Released Parties claims arising under the U.S. Age Discrimination in Employment Act ADEA) at any time during the seven (7) days 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 1967the 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, as amended, none of the provisions of this General Release and Covenant Not to Xxx shall be effective or enforceable and the applicable rules 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 regulations promulgated thereunder ("ADEA")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 entered 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. The Employee Executive further acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on has read the basis of age in employmentAgreement carefully, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms the following:
(a) He is providing the release and discharge set forth in this Section 2 in exchange for consideration in addition to anything of value to which he is already entitled.
(b) He was hereby has been advised by the Company in writing to consult to, and has in fact consulted with an attorney of his choice prior attorney, and fully understands that by signing below he is giving up certain rights which he may have to signing this Release and to have such attorney explain to his the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.
(c) He has read this Release carefully and completely and understands each xxx or assert a claim against any of the terms thereof.
(d) He is aware that he has twenty-one days in which to consider the terms of this ReleaseCompany Group, which the Employee has knowingly and voluntarily waived by accepting the terms of the offer as described herein. For a period of seven days following his acceptance hereof, the Employee has the right to revoke the release contained in this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is in writing and signed by the Employee and received by the Company prior to the expiration of the Revocation Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Releaseabove.
Appears in 1 contract
Samples: Consulting and Employment Agreement (Triarc Companies Inc)
ADEA Release. In recognition of the consideration provided in the Agreement, the Employee hereby releases and discharges the Released Parties from any and all claims, actions and causes of action that he may have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms the following:
(a) He is providing the release and discharge set forth in this Section 2 in exchange for consideration in addition to anything of value to which he is already entitled.
(b) He was hereby advised by the Company in writing advises Executive to consult with an attorney of his choice prior to signing this Release and to have such attorney explain to his the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.
(c) He has read this Release carefully and completely and Letter Agreement. Executive understands each of the terms thereof.
(d) He is aware that he has twenty-one (21) days in which to consider whether to sign this Letter Agreement (the terms “Consideration Period”). Executive must return this signed Letter Agreement to the Company within the Consideration Period. If Executive signs and returns this Letter 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 Letter Agreement does not cover any rights or claims that may arise under the ADEA as amended by the OWBPA after the date of execution of this ReleaseLetter Agreement Executive further understands that he has seven (7) days following execution of this Letter Agreement to validly revoke this Letter Agreement. Such right of revocation constitutes a unilateral right afforded to Executive and the Company shall have no such right of revocation. Any revocation within this period must be submitted, which the Employee has knowingly in writing, to UDR, Inc., c/o Xxxxxx X. Xxxxxx, Chairman and voluntarily waived Chief Executive Officer, 0000 Xxxx Xxxxxx Drive, Suite 200, Highlands Ranch, CO 80129, by accepting the terms certified mail, return receipt requested, post-marked within seven (7) days of execution of this Letter Agreement and state, "I hereby revoke my acceptance of the offer as described herein. For a Letter Agreement." This Letter Agreement shall not become effective or enforceable until the revocation period of seven days following his acceptance hereof, the Employee has the right to revoke the release contained in this Section 2 expired without revocation (the "Revocation Period") commencing immediately following the date he signs and delivers this “Release to the CompanyEffective Date”). The Revocation Period shall expire at 5:00 p.m. E.S.T. on If the last day of the Revocation Period; providedrevocation period is a Saturday, howeverSunday, that if such seventh or legal holiday in Colorado, then the revocation period shall not expire until the next following day which is not a business daySaturday, the Revocation Period shall extend to 5:00 p.m. Sunday, or legal holiday in Colorado. If it is not validly revoked, this Letter Agreement will become irrevocable and enforceable on the next succeeding business dayeighth day after Executive signs this Letter Agreement. No such revocation by shall be effective unless it is in writing and signed by the Employee and received by Executive agrees with the Company prior that changes to this Letter Agreement, whether material or immaterial, do not restart the expiration running of the Revocation Consideration Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Release.
Appears in 1 contract
Samples: Resignation Agreement (UDR, Inc.)
ADEA Release. In recognition of the consideration provided in the Agreement, the Employee hereby fully, finally, and completely releases the Company and discharges the Released Parties of and from any and all claims, actions and charges, or causes of action that he may have against arising on or before the Released Parties arising date this Agreement is executed under the U.S. Age Discrimination in Employment Act of 1967and the Older Workers’ Benefit Protection Act, as amended42 U.S.C. §§ 1981, 1983, 1985 (“ADEA”), which prohibit age discrimination in employment (the “ADEA Release”), and the applicable rules and regulations promulgated thereunder ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms the followingagrees that:
(a) He this Agreement, which includes the ADEA Release, was negotiated at arms-length;
(b) this Agreement, which includes the ADEA Release, is providing worded in a manner that Employee fully understands;
(c) Employee specifically waives any rights or claims under the release ADEA;
(d) Employee knowingly and discharge voluntarily agrees to all of the terms set forth in this Section 2 Agreement, which includes the ADEA Release;
(e) Employee acknowledges and understands that any claims under the ADEA that may arise after the Effective Termination Date are not waived;
(f) the rights and claims waived in this Agreement, which includes the ADEA Release, are in exchange for consideration in addition to over and above anything of value to which he is Employee was already undisputedly entitled.;
(bg) He was Employee has been and hereby is advised by the Company in writing to consult with an attorney of his choice prior to signing executing this Release and to have such attorney explain to his Agreement, including the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.ADEA Release;
(ch) He has read this Release carefully and completely and Employee understands each of the terms thereof.
(d) He is aware that he has been given a period of at least twenty-one days in which to consider (21) calendar days, beginning the terms of this Release, which the Employee has knowingly and voluntarily waived by accepting the terms of the offer as described herein. For a period of seven days following his acceptance hereof, the Employee has the right to revoke the release contained in this Section 2 (the "Revocation Period") commencing date immediately following the date he signs and delivers was provided with a copy of this Agreement, to consider the ADEA Release prior to executing it; and
(i) Employee understands that he has been given a period of seven (7) days from the date of the execution of the ADEA Release to revoke the CompanyADEA Release, and understands and acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day If Employee elects to revoke this release of the Revocation Period; providedage discrimination claims, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall must be effective unless it is in writing and signed presented to 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 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 and 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 by under this Agreement. Further, nothing in this Agreement is intended to require the payment of damages, attorneys’ fees, or costs to the Company prior to should Employee challenge the expiration waiver of the Revocation Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act an ADEA or state law age discrimination claim or file an ADEA or state law age discrimination suit except as a revocation of any other term of the Agreement and the Releaseauthorized by federal or state law.
Appears in 1 contract
ADEA Release. In recognition of the consideration provided in the Agreement, the Employee Executive hereby completely and forever releases and irrevocably discharges the Released Parties Parties, from any and all claims, actions and causes of action that he may have against the Released Parties Claims arising under the U.S. Age Discrimination in Employment Act of 1967, as amended(“ADEA”) on or before the date Executive signs this Release Agreement (the “ADEA Release”), and the applicable rules and regulations promulgated thereunder ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms agrees that: (i) this Release Agreement, including the following:
ADEA Release, was negotiated at arm’s length; (aii) He this Release Agreement, including the ADEA Release, is providing worded in a manner that Executive fully understands; (iii) Executive specifically waives any rights or claims under the release ADEA; (iv) Executive knowingly and discharge voluntarily agrees to all of the terms set forth in this Section 2 Release Agreement, including the ADEA Release; (v) Executive acknowledges and 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 Agreement, including the ADEA Release, are in exchange for consideration in addition to over and above anything of value to which he is Executive was already entitled.
; (bvii) He was Executive has been and hereby is advised by the Company in writing to consult with an attorney of his choice prior to signing executing the Release Agreement, including the ADEA Release; (viii) Executive acknowledges that 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 it and to have such attorney explain to his acknowledges and agrees that any discussions between Executive and the Company concerning the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.
(c) He has read this Release carefully and completely and understands each of the terms thereof.
(d) He is aware that he has twenty-one days Agreement and/or any change in which to consider the terms of this Release, which Release Agreement after the Employee date that Executive first receives this Release Agreement shall not affect or restart such twenty-one (21) day consideration period; and (ix) Executive understands that he has knowingly and voluntarily waived by accepting the terms of the offer as described herein. For been given a period of seven (7) days following his acceptance hereof, from the Employee has date of the right execution of this Release Agreement to revoke the release contained in ADEA Release, and understands and acknowledges that the ADEA Release will not become effective or enforceable until the revocation period has expired. If Executive elects to revoke this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; providedADEA Release, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall must be effective unless it is in writing and signed by presented to __________________, __________________, CSI Compressco GP Inc., 00000 Xxxxxxxxxx 00 Xxxxx, Xxx Xxxxxxxxx, Xxxxx 00000, within seven (7) days from the Employee and received by the Company prior to the expiration date of the Revocation Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term execution of the Agreement and the ReleaseRelease Agreement.
Appears in 1 contract
ADEA Release. In recognition The general release contained herein specifically includes a waiver and release of the consideration provided in the Agreement, the all claims which Employee hereby releases and discharges the Released Parties from any and all claims, actions and causes of action that he has or may have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967Act, as amended, and 29 U.S.C. Sections 621, et seq. (“ADEA”), based on Employee’s employment, the applicable rules and regulations promulgated thereunder ("ADEA")separation from that employment, or any event, transaction, occurrence, act or omission occurring on or before Employee signs the reaffirmation of this Agreement. The Employee acknowledges that he understands Employee has been advised to consult with an attorney, if desired, concerning this Agreement and has received all advice Employee deems necessary concerning this Agreement. 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 ADEA is Employee has been given and declined the opportunity to consider the Agreement for a federal statute that prohibits discrimination full twenty-one (21) days. Employee has seven (7) days after delivering to the Company an original of this Agreement signed by Employee to revoke this Agreement. Revocation may be made by delivering a written notice of revocation to the Company, 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 basis seventh calendar day after Employee signs and 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 age in employment, benefits and benefit plansexpiration shall be the “Effective Date” of this Agreement. By signing 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 Release, the Agreement. Employee hereby acknowledges and confirms the following:
(a) He agrees that Employee has read this Agreement in its entirety and understands all of its terms and that Employee is providing the release knowingly and discharge set forth in this Section 2 voluntarily waiving and releasing Employee’s rights and claims only in exchange for consideration (something of value) in addition to anything of value to which he Employee is already entitled.
(b) He was hereby advised by . The Company and Employee agree that any changes made to the Company in writing to consult with an attorney of his choice prior to signing this Release and to have such attorney explain to his Agreement, whether material or immaterial, do not restart the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.
(c) He has read this Release carefully and completely and understands each running of the terms thereof.
(d) He is aware that he has twenty-one days in which to consider the terms of this Release, which the Employee has knowingly and voluntarily waived by accepting the terms of the offer as (21)-day period described herein. For a period of seven days following his acceptance hereof, the Employee has the right to revoke the release contained in this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is in writing and signed by the Employee and received by the Company prior to the expiration of the Revocation Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Releaseabove.
Appears in 1 contract
ADEA Release. In recognition The general release contained herein specifically includes a waiver and release of the consideration provided in the Agreement, the all claims which Employee hereby releases and discharges the Released Parties from any and all claims, actions and causes of action that he has or may have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967Act, as amended, and 29 U.S.C. Sections 621, et seq. (“ADEA”), based on Employee’s employment, the applicable rules and regulations promulgated thereunder ("ADEA")separation from that employment, or any event, transaction, occurrence, act or omission occurring on or before Employee signs the reaffirmation of this Agreement. The Employee acknowledges that he understands Employee has been advised to consult with an attorney, if desired, concerning this Agreement and has received all advice Employee deems necessary concerning this Agreement. 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 ADEA is Employee has been given and declined the opportunity to consider the Agreement for a federal statute that prohibits discrimination full twenty-one (21) days. Employee has seven (7) days after delivering to the Company an original of this Agreement signed by Employee to revoke this Agreement. Revocation may be made by delivering a written notice of revocation to the Company, 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 basis seventh calendar day after Employee signs and 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 age in employment, benefits and benefit plansexpiration shall be the “Effective Date” of this Agreement. By signing 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 Release, the Agreement. Employee hereby acknowledges and confirms the following:
(a) He agrees that Employee has read this Agreement in its entirety and understands all of its terms and that Employee is providing the release knowingly and discharge set forth in this Section 2 voluntarily waiving and releasing Employee’s rights and claims only in exchange for consideration (something of value) in addition to anything of value to which he Employee is already entitled.
(b) He was hereby advised by . The Company and Employee agree that any changes made to the Company in writing to consult with an attorney of his choice prior to signing this Release and to have such attorney explain to his Agreement, whether material or immaterial, do not restart the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.
(c) He has read this Release carefully and completely and understands each running of the terms thereof.
(d) He is aware that he has twenty-one days in which to consider the terms of this Release, which the Employee has knowingly and voluntarily waived by accepting the terms of the offer as (21) day period described herein. For a period of seven days following his acceptance hereof, the Employee has the right to revoke the release contained in this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is in writing and signed by the Employee and received by the Company prior to the expiration of the Revocation Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Releaseabove.
Appears in 1 contract
ADEA Release. In recognition further consideration of the consideration payments and benefits provided in the to you under this Agreement, the Employee Releasors hereby releases unconditionally release and discharges forever discharge the Released Parties from any and all claims, actions and causes of action Claims that he the Releasors may have against as of the Released Parties date you sign this Agreement arising under the U.S. Federal Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this ReleaseAgreement, you hereby acknowledge and confirm the following: (i) you were advised by the Company in connection with your termination to consult with an attorney of your choice prior to signing this Agreement and to have such attorney explain to you the terms of this Agreement, including, without limitation, the Employee hereby acknowledges terms relating to your release of claims arising under ADEA; (ii) you were given a period of not fewer than twenty-one days to consider the terms of this Agreement and confirms the following:
to consult with an attorney of your choosing with respect thereto; (aiii) He is you are providing the release and discharge set forth in this Section 2 5(b) only in exchange for consideration in addition to anything of value to which he is you are already entitled.
; and (biv) He was hereby advised by the Company in writing to consult with an attorney of his choice prior to signing this Release that you knowingly and to have such attorney explain to his voluntarily accept the terms of this Release including, without limitation, Agreement. You further acknowledge that you understand that during the terms relating to his release of claims arising under ADEA.
Revocation Period (cthe seven-day period following the date on which you sign this Agreement) He has read this Release carefully and completely and understands each of the terms thereof.
(d) He is aware that he has twenty-one days in which to consider the terms of this Release, which the Employee has knowingly and voluntarily waived by accepting the terms of the offer as described herein. For a period of seven days following his acceptance hereof, the Employee has the right to you may revoke the release contained in this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release 5(b), by delivering to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day Company by hand or by mail a written notice of your revocation of the Revocation Period; provided, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is release and waiver contained in writing and signed by the Employee and received by the Company this Section 5(b) prior to the expiration of the Revocation Period. The Employee further understands that If delivered by mail, the revocation must be: (1) postmarked within the Revocation Period; (2) properly addressed to the Company at the address on this letterhead, to the attention of the General Counsel; and (3) sent by certified mail return receipt requested. Such right of revocation right relates only to revoke the release contained set forth in this Section 2 relates only to this section and 5(b) does not act as a revocation of any other term of the Agreement and the Releasethis Agreement.
Appears in 1 contract
ADEA Release. In recognition Executive hereby acknowledges that Executive is knowingly and voluntarily entering into this Agreement with the purpose of the consideration provided in the Agreement, the Employee hereby releases waiving and discharges the Released Parties from releasing any and all claims, actions and causes of action that he may have against the Released Parties arising claims under the U.S. Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder ADEA ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that law which prohibits discrimination on the basis of age in employmentage) as applicable to his Expatriate Assignment relationship with ADSC, benefits and benefit plans. By signing this Releaseas such, the Employee hereby Executive acknowledges and confirms the followingagrees that:
(a1) He this Agreement is providing worded in an understandable way and he has read and fully understands its terms;
(2) any rights or claims arising under the release ADEA are waived;
(3) claims under the ADEA that may arise after this Agreement is executed are not waived;
(4) the rights and discharge set forth claims waived in this Section 2 Agreement are in exchange for additional consideration in addition to over and above anything of value to which he is Executive was already undisputedly entitled.;
(b5) He was hereby Executive has been advised by the Company in writing by LoyaltyOne to consult with an attorney of his choice prior to signing executing this Release Agreement;
(6) Executive acknowledges that he has been given a twenty-one-day (21-day) period of 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-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 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 Revocation Period. If Executive revokes this Agreement, Executive will be deemed not to have such attorney explain to his accepted the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.Agreement and LoyaltyOne will have no obligations hereunder; and
(c10) He has read Nothing in this Release carefully and completely and understands each of the terms thereof.
(d) He is aware that he has twenty-one days in which to consider the terms of this Release, which the Employee has knowingly and voluntarily waived by accepting the terms of the offer Agreement shall be construed as described herein. For a period of seven days following his acceptance hereof, the Employee has limitation on the right of Executive to revoke the release contained participate in this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is in writing and signed any investigation by the Employee and received Equal Employment Opportunity Commission into any charge that ADEA has been violated, including a charge filed by the Company prior to the expiration of the Revocation Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the ReleaseExecutive.
Appears in 1 contract
ADEA Release. In recognition of the consideration Except as otherwise provided in Article II.D. below, Executive hereby acknowledges that Executive is knowingly and voluntarily entering into this Agreement with the Agreement, the Employee hereby releases purpose of waiving and discharges the Released Parties from releasing any and all claims, actions and causes of action that he may have against the Released Parties arising claims under the U.S. Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder 1967 ("“ADEA"”). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on In accordance with the basis of age in employmentOlder Workers Benefit Protection Act, benefits and benefit plans. By signing this Release, the Employee hereby Executive acknowledges and confirms the followingagrees that:
(a1) He this Agreement is providing written in a manner which Executive fully understands;
(2) any rights or claims arising under the release ADEA are specifically waived;
(3) any rights or claims under the ADEA that may arise after this Agreement is executed are not waived;
(4) the rights and discharge set forth claims waived in this Section 2 Agreement are in exchange for additional consideration in addition to over and above anything of value to which he is Executive was already undisputedly entitled.;
(b5) He was hereby Executive acknowledges that by receipt of this Agreement, Alliance Data has advised by the Company Executive, in writing writing, to consult with an attorney of his choice prior to signing executing this Release Agreement, and Executive has, in fact, had an opportunity to have such attorney explain to his the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.do so;
(c6) He has read this Release carefully and completely and understands each of the terms thereof.
(d) He Executive is aware that he has hereby given a twenty-one days in which (21) day period of time to consider the terms of this Release, which the Employee has knowingly and Agreement. Executive may voluntarily waived by accepting the terms of the offer as described herein. For a period of seven days following his acceptance hereof, the Employee has the right to revoke the release contained in sign this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is in writing and signed by the Employee and received by the Company Agreement prior to the expiration of the Revocation Periodtwenty-one (21) day period, but no earlier than Executive’s last day of work. The Employee further understands that If Executive enters into this Agreement before the twenty-one (21) day period has elapsed, Executive is knowingly and voluntarily waiving Executive’s right to wait the full twenty-one (21) day period;
(7) Executive may revoke this waiver and release of any ADEA claims covered by this Agreement within seven (7) days from the date this Agreement is executed. If Executive wishes to revoke Executive’s release contained 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 consideration or other benefits set forth in this Section 2 relates only 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 seven-day period; and (9) Any changes made to this section and does Agreement, whether material or immaterial, will not act as a revocation restart the running of any other term of the Agreement and the Releasethis twenty-one (21) day period.
Appears in 1 contract
Samples: Executive General Release and Enhanced Severance Agreement (Alliance Data Systems Corp)
ADEA Release. In recognition of I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I have under the ADEA, and that the consideration provided in given for the Agreement, the Employee hereby waiver and releases and discharges the Released Parties from any and all claims, actions and causes of action that he may I have against the Released Parties arising under the U.S. Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms the following:
(a) He is providing the release and discharge set forth given in this Section 2 in exchange for consideration Release is in addition to anything of value to which he is I was already entitled.
. I further acknowledge that I have been advised, as required by the ADEA, that: (a) my waiver and release does not apply to any rights or claims that arise after the date I sign this Release; (b) He was hereby advised by the Company in writing to I should consult with an attorney of his choice prior to signing this Release and (although I may choose voluntarily not to do so); (c) I have such attorney explain twenty-one (21) days to his the terms of consider this Release including(although I may choose voluntarily to sign it sooner); (d) I have seven (7) days following the date I sign this Release to revoke this Release (in a written revocation sent to the Company); and (e) this Release will not be effective until the date upon which the revocation period has expired, without limitationwhich will be the eighth day after I sign this Release provided that I do not revoke it (the “Effective Date”). In giving the release herein, which includes claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the terms relating 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 his my release of claims arising under ADEA.
(c) He has read herein, including but not limited to my release of unknown claims. I understand that nothing in this Release carefully and completely and understands each of limits my ability to file a charge or complaint with the terms thereof.
(d) He is aware that he has twenty-one days in which to consider the terms of this Release, which the Employee has knowingly and voluntarily waived by accepting the terms of the offer as described herein. For a period of seven days following his acceptance hereofEqual Employment Opportunity Commission, the Employee has Department of Labor, the right to revoke National Labor Relations Board, the release contained in this Section 2 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 (the "Revocation Period") commencing immediately following the date he signs and delivers “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 conducted by any Government Agency, including providing documents or other information, without notice to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is While this Release does not a business day, the Revocation Period shall extend limit my right to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is in writing and signed by the Employee and received by the Company prior receive an award for information provided to the expiration of the Revocation PeriodSecurities 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. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Release.
Appears in 1 contract
Samples: Transition, Separation and Consulting Agreement (Reneo Pharmaceuticals, Inc.)
ADEA Release. In recognition Executive hereby acknowledges that Executive is knowingly and voluntarily entering into this Agreement with the purpose of the consideration provided in the Agreement, the Employee hereby releases waiving and discharges the Released Parties from releasing any and all claims, actions and causes of action that he may have against the Released Parties arising claims under the U.S. Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder ADEA ("ADEA"). The Employee acknowledges that he understands that ADEA is a federal statute that law which prohibits discrimination on the basis of age in employmentage), benefits and benefit plans. By signing this Releaseas such, the Employee hereby Executive acknowledges and confirms the followingagrees that:
(a1) He this Agreement is providing worded in an understandable way and he has read and fully understands its terms;
(2) any rights or claims arising under the release ADEA are waived;
(3) claims under the ADEA that may arise after this Agreement is executed are not waived;
(4) the rights and discharge set forth claims waived in this Section 2 Agreement are in exchange for additional consideration in addition to over and above anything of value to which he is Executive was already undisputedly entitled.;
(b5) He was hereby Executive has been advised by the Company in writing by ADSI to consult with an attorney of his choice prior to signing executing this Release Agreement;
(6) Executive acknowledges that he has been given a twenty-one-day (21-day) period of 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-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 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 Revocation Period. If Executive revokes this Agreement, Executive will be deemed not to have such attorney explain to his accepted the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.Agreement and ADSI will have no obligations hereunder; and
(c10) He has read Nothing in this Release carefully and completely and understands each of the terms thereof.
(d) He is aware that he has twenty-one days in which to consider the terms of this Release, which the Employee has knowingly and voluntarily waived by accepting the terms of the offer Agreement shall be construed as described herein. For a period of seven days following his acceptance hereof, the Employee has limitation on the right of Executive to revoke the release contained participate in this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is in writing and signed any investigation by the Employee and received Equal Employment Opportunity Commission into any charge that ADEA has been violated, including a charge filed by the Company prior to the expiration of the Revocation Period. The Employee further understands that this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the ReleaseExecutive.
Appears in 1 contract
ADEA Release. In recognition Executive represents to the Company that Executive is aware, understands and agrees that:
(a) Executive is voluntarily entering into and signing this Agreement;
(b) the claims waived, released and discharged in Section 8 of the consideration provided in the Agreement, the Employee hereby releases and discharges the Released Parties from this Agreement include any and all claims, actions and causes of action that he claims Executive has or may have against arising out of or related to Executive’s employment with the Released Parties arising Company or termination of that employment, including any and all claims under the U.S. Age Discrimination in Employment Act of 1967, as amended, and (the applicable rules and regulations promulgated thereunder ("“ADEA"”). The Employee acknowledges that he understands that ADEA is a federal statute that prohibits discrimination on the basis of age in employment, benefits and benefit plans. By signing this Release, the Employee hereby acknowledges and confirms the following:
(a) He is providing the release and discharge set forth in this Section 2 in exchange for consideration in addition to anything of value to which he is already entitled.
(b) He was hereby advised by the Company in writing to consult with an attorney of his choice prior to signing this Release and to have such attorney explain to his the terms of this Release including, without limitation, the terms relating to his release of claims arising under ADEA.;
(c) He has read those claims waived, released and discharged in that Section 8 do not include, and Executive is not waiving, releasing or discharging, any claims that may arise after the Date of this Release carefully and completely and understands each of the terms thereof.Agreement;
(d) He is aware payment by the Company of continued salary pursuant to Section 2 above provides consideration that he has Executive was not entitled to receive before signing this Agreement;
(e) Executive was given twenty-one (21) days in within which to consider the terms of this ReleaseAgreement, which the Employee but Executive has knowingly been informed that Executive may waive this twenty-one day consideration period and voluntarily waived by accepting the terms of the offer as described herein. For a period of seven days following his acceptance hereof, the Employee has the right elect to revoke the release contained in execute this Section 2 (the "Revocation Period") commencing immediately following the date he signs and delivers this Release to the Company. The Revocation Period shall expire at 5:00 p.m. E.S.T. on the last day of the Revocation Period; provided, however, that if such seventh day is not a business day, the Revocation Period shall extend to 5:00 p.m. on the next succeeding business day. No such revocation by shall be effective unless it is in writing and signed by the Employee and received by the Company document prior to the expiration of the Revocation Period. The Employee further understands that twenty-one day consideration period, in order to expedite the execution of this right to revoke the release contained in this Section 2 relates only to this section and does not act as a revocation of any other term of the Agreement and the Releasepayment of the Severance Benefit; Executive may waive this twenty-one day consideration period by signing a separate waiver, entitled ELECTION TO EXECUTE PRIOR TO EXPIRATION OF TWENTY-ONE DAY CONSIDERATION PERIOD, made available to Executive with this Agreement;
(f) Executive had and has the right to consult with an attorney regarding this Agreement before signing this Agreement, and acknowledges that Executive has obtained such legal counsel as Executive deems necessary, such that Executive is entering into this Agreement freely, knowingly and voluntarily;
(g) Executive may revoke this Agreement at any time within seven (7) days after the day Executive signs this Agreement and this document will not become effective or enforceable as to any claims under the ADEA and no payments under this Agreement will be payable until the eighth day after the day Executive signs this Agreement on which day (the “Agreement’s Effective Date”), this Agreement will automatically become effective and enforceable unless previously revoked within that seven-day period); and
(h) Executive HAS CAREFULLY READ THIS DOCUMENT, AND FULLY UNDERSTANDS EACH AND EVERY TERM.
Appears in 1 contract