ADEA Release. Executive acknowledges that Executive is waiving and releasing any rights Executive may have under the Age Discrimination in Employment Act (“ADEA”) and that this waiver and release is knowing and voluntary. Executive acknowledges that the consideration given for this Agreement is in addition to anything of value to which Executive is already entitled. Executive further acknowledges that Executive has been advised by this writing that: (i) Executive should consult with an attorney prior to executing this Agreement; (ii) Executive has up to twenty-one (21) days from the date of this Agreement within which to consider this Agreement and the General Release attached as Exhibit A, and Executive will have up to twenty-one (21) days from the Retirement Date within which to consider the General Release attached as Exhibit B, although Executive may, at Executive’s discretion, sign and return the appropriate release at any time on or after the date of this Agreement or the Retirement Date, respectively, in which case Executive waives all rights to the balance of this twenty-one (21) day review period; (iii) Executive has seven (7) days following Executive’s execution of this Agreement and General Release attached as Exhibit A to revoke the Agreement and General Release (the “Revocation Period”); (iv) this Agreement, including the ADEA waiver, shall not be effective until the Revocation Period 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 acknowledges that if Executive has not returned the signed Agreement and General Release attached as Exhibit A 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 must be in writing and must be delivered to Xxxx X. Xxxx, by certified mail or courier service (signature of receipt required).
Appears in 2 contracts
Samples: Retirement Agreement, Retirement Agreement (L 3 Communications Holdings Inc)
ADEA Release. Executive agrees and expressly acknowledges that this Separation Agreement includes a waiver and release of all claims which Executive is waiving and releasing any rights Executive has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“ADEA”) ). The following terms and that this conditions apply to and are part of the waiver and release is knowing of ADEA claims under this Separation Agreement:
(i) The waiver and voluntary. Executive acknowledges that release of claims under the consideration given for ADEA contained in this Agreement is do not cover rights or claims that may arise after the date on which Executive executes and delivers this Separation Agreement to the Company.
(ii) This Separation Agreement involves consideration in addition to anything of value to which Executive is already entitled. Executive further acknowledges that Executive has been advised by this writing that: .
(iiii) Executive should is advised to consult an attorney before signing this Separation Agreement. If Executive executes this Separation Agreement prior to the expiration of the period specified in Section 6(f)(iv) below, Executive does so voluntarily and after having had the opportunity to consult with an attorney prior to executing this Agreement; attorney.
(iiiv) Executive has up to is granted twenty-one (21) days from the date of after Executive is presented with this Agreement within which to consider decide whether or not to sign this Agreement and the General Release attached as Exhibit A, and Separation Agreement.
(v) Executive will have up the right to twenty-one (21) days from revoke the Retirement Date waiver and release of claims under the ADEA within which to consider the General Release attached as Exhibit B, although Executive may, at Executive’s discretion, sign and return the appropriate release at any time on or after the date of this Agreement or the Retirement Date, respectively, in which case Executive waives all rights to the balance of this twenty-one (21) day review period; (iii) Executive has seven (7) days following after Executive’s execution employment with the Company and all of this Agreement its Affiliates has terminated and General Release attached as Exhibit A to revoke the Agreement and General Release (the “Revocation Period”); (iv) Executive has reaffirmed this Agreement, including the ADEA waiver, . This Section 6(f) shall not be become effective or enforceable until the Revocation Period that revocation period 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 acknowledges understands and agrees that Executive shall refund any consideration that has been previously paid to Executive, and shall receive no further consideration, if Executive has not returned revokes the signed Agreement waiver and General Release attached as Exhibit A within the time permitted, then the offer release of payments and benefits set forth herein will expire by its own terms at such time. Executive also recognizes that revocation of this Agreement must be in writing and must be delivered to Xxxx X. Xxxx, by certified mail or courier service (signature of receipt required)ADEA claims.
Appears in 2 contracts
Samples: Separation Agreement (Pinnacle Entertainment Inc), Separation Agreement (Pinnacle Entertainment Inc)
ADEA Release. Executive agrees and expressly acknowledges that this Separation Agreement includes a waiver and release of all claims which Executive is waiving and releasing any rights Executive has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“ADEA”) ). The following terms and that this conditions apply to and are part of the waiver and release is knowing of ADEA claims under this Separation Agreement:
(i) The waiver and voluntary. Executive acknowledges that release of claims under the consideration given for ADEA contained in this Agreement is do not cover rights or claims that may arise after the date on which Executive executes and delivers this Separation Agreement to the Company.
(ii) This Separation Agreement involves consideration in addition to anything of value to which Executive is already entitled. Executive further acknowledges that Executive has been advised by this writing that: .
(iiii) Executive should is advised to consult an attorney before signing this Separation Agreement. If Executive executes this Separation Agreement prior to the expiration of the period specified in Section 7(f)(iv) below, Executive does so voluntarily and after having had the opportunity to consult with an attorney prior to executing this Agreement; attorney.
(iiiv) Executive has up to is granted twenty-one (21) days from the date of after Executive is presented with this Agreement within which to consider decide whether or not to sign this Agreement and the General Release attached as Exhibit A, and Separation Agreement.
(v) Executive will have up the right to twenty-one (21) days from revoke the Retirement Date waiver and release of claims under the ADEA within which to consider the General Release attached as Exhibit B, although Executive may, at Executive’s discretion, sign and return the appropriate release at any time on or after the date of this Agreement or the Retirement Date, respectively, in which case Executive waives all rights to the balance of this twenty-one (21) day review period; (iii) Executive has seven (7) days following Executive’s execution of this Agreement after the Separation Date and General Release attached as Exhibit A to revoke the Agreement and General Release (the “Revocation Period”); (iv) Executive has reaffirmed this Agreement, including the ADEA waiver, . This Section 7(f) shall not be become effective or enforceable until the Revocation Period that revocation period 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 acknowledges understands and agrees that Executive shall refund any consideration that has been previously paid to Executive, and shall receive no further consideration, if Executive has not returned revokes the signed Agreement waiver and General Release attached as Exhibit A within the time permitted, then the offer release of payments and benefits set forth herein will expire by its own terms at such time. Executive also recognizes that revocation of this Agreement must be in writing and must be delivered to Xxxx X. Xxxx, by certified mail or courier service (signature of receipt required)ADEA claims.
Appears in 2 contracts
Samples: Separation Agreement (Pinnacle Entertainment Inc.), Separation Agreement (Pinnacle Entertainment Inc.)
ADEA Release. Executive agrees and expressly acknowledges that this Separation Agreement includes a waiver and release of all claims which Executive is waiving and releasing any rights Executive has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“ADEA”) ). The following terms and that this conditions apply to and are part of the waiver and release is knowing of ADEA claims under this Separation Agreement:
(i) The waiver and voluntary. Executive acknowledges that release of claims under the consideration given for ADEA contained in this Agreement is do not cover rights or claims that may arise after the date on which Executive executes and delivers this Separation Agreement to the Company.
(ii) This Separation Agreement involves consideration in addition to anything of value to which Executive is already entitled. Executive further acknowledges that Executive has been advised by this writing that: .
(iiii) Executive should is advised to consult an attorney before signing this Separation Agreement. If Executive executes this Separation Agreement prior to the expiration of the period specified in Section 6(f)(iv) below, Executive does so voluntarily and after having had the opportunity to consult with an attorney prior to executing this Agreement; attorney.
(iiiv) Executive has up to is granted twenty-one (21) days from the date of after Executive is presented with this Agreement within which to consider decide whether or not to sign this Agreement and the General Release attached as Exhibit A, and Separation Agreement.
(v) Executive will have up the right to twenty-one (21) days from revoke the Retirement Date waiver and release of claims under the ADEA within which to consider the General Release attached as Exhibit B, although Executive may, at Executive’s discretion, sign and return the appropriate release at any time on or after the date of this Agreement or the Retirement Date, respectively, in which case Executive waives all rights to the balance of this twenty-one (21) day review period; (iii) Executive has seven (7) days following Executive’s execution of this Agreement after the Separation Date and General Release attached as Exhibit A to revoke the Agreement and General Release (the “Revocation Period”); (iv) Executive has reaffirmed this Agreement, including the ADEA waiver, . This Section 6(f) shall not be become effective or enforceable until the Revocation Period that revocation period 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 acknowledges understands and agrees that Executive shall refund any consideration that has been previously paid to Executive, and shall receive no further consideration, if Executive has not returned revokes the signed Agreement waiver and General Release attached as Exhibit A within the time permitted, then the offer release of payments and benefits set forth herein will expire by its own terms at such time. Executive also recognizes that revocation of this Agreement must be in writing and must be delivered to Xxxx X. Xxxx, by certified mail or courier service (signature of receipt required)ADEA claims.
Appears in 2 contracts
Samples: Separation Agreement (Pinnacle Entertainment Inc.), Separation Agreement (Pinnacle Entertainment Inc.)
ADEA Release. Executive Employee acknowledges that Executive and agrees that, by entering into this Agreement, Employee is waiving any and releasing any all rights Executive or claims that Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”) ), as amended, arising on or before the Effective Date. Employee further expressly acknowledges and that this waiver and release agrees that:
i. Employee is knowing and voluntary. Executive acknowledges that the consideration given for advised in writing by this Agreement is in addition to anything of value to which Executive is already entitled. Executive further acknowledges that Executive has been advised by this writing that: (i) Executive should consult with an attorney prior to executing this Agreement; (;
ii) Executive has . Employee may take up to twenty-one (21) days from the date on which Employee received this Agreement to review this Agreement, and if Employee executed this Agreement prior to the expiration of the 21-day review period mentioned above, Employee did so voluntarily and thereby waived the balance of the review period;
iii. The parties hereby agree that changes made to any prior versions of this Agreement within which do not constitute material changes and do not restart the running of the 21-day review period;
iv. If Employee fails to consider sign this Agreement and within the General Release attached as Exhibit A, and Executive will have up to twenty-one (21) days from the Retirement Date within which to consider the General Release attached as Exhibit B, although Executive may, at Executive’s discretion, sign and return the appropriate release at any time on or after the date of this Agreement or the Retirement Date, respectively, in which case Executive waives all rights to the balance of this twenty-one (21) day review periodperiod described above, this Agreement is withdrawn;
v. In exchange for Employee’s waiver of any and all rights or claims under the ADEA arising on or before the Effective Date, Employee will receive consideration in addition to anything of value that Employee was already entitled to receive before executing this Agreement; (iii) Executive and
vi. Employee has seven (7) days following ExecutiveEmployee’s execution of this Agreement and General Release attached as Exhibit A in which to revoke the Agreement and General Release (the “Revocation Period”); (iv) this Agreement, including the ADEA waiver, shall not be effective until the Revocation Period 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 acknowledges that if Executive has not returned the signed Agreement and General Release attached as Exhibit A 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 Any revocation of this Agreement must be in writing and must be delivered to Xxxx X. Xxxx, by certified mail or courier service (signature of receipt required)postmarked during the revocation period to: __________________.
Appears in 1 contract
Samples: Transition and Separation Agreement (Arizona Public Service Co)
ADEA Release. Executive agrees and expressly acknowledges that this Separation Agreement includes a waiver and release of all claims which Executive is waiving and releasing any rights Executive has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“"ADEA”) "). The following terms and that this conditions apply to and are part of the waiver and release is knowing of ADEA claims under this Separation Agreement:
(i) The waiver and voluntary. Executive acknowledges that release of claims under the consideration given for ADEA contained in this Agreement is do not cover rights or claims that may arise after the date on which Executive executes and delivers this Separation Agreement to the Company.
(ii) This Separation Agreement involves consideration in addition to anything of value to which Executive is already entitled. Executive further acknowledges that Executive has been advised by this writing that: .
(iiii) Executive should is advised to consult an attorney before signing this Separation Agreement. If Executive executes this Separation Agreement prior to the expiration of the period specified in Section 7(f)(iv) below, Executive does so voluntarily and after having had the opportunity to consult with an attorney prior to executing this Agreement; attorney.
(iiiv) Executive has up to is granted twenty-one (21) days from the date of after Executive is presented with this Agreement within which to consider decide whether or not to sign this Agreement and the General Release attached as Exhibit A, and Separation Agreement.
(v) Executive will have up the right to twenty-one (21) days from revoke the Retirement Date waiver and release of claims under the ADEA within which to consider the General Release attached as Exhibit B, although Executive may, at Executive’s discretion, sign and return the appropriate release at any time on or after the date of this Agreement or the Retirement Date, respectively, in which case Executive waives all rights to the balance of this twenty-one (21) day review period; (iii) Executive has seven (7) days following Executive’s execution of this Agreement after the Separation Date and General Release attached as Exhibit A to revoke the Agreement and General Release (the “Revocation Period”); (iv) Executive has reaffirmed this Agreement, including the ADEA waiver, . This Section 7(f) shall not be become effective or enforceable until the Revocation Period that revocation period 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 acknowledges understands and agrees that Executive shall refund any consideration that has been previously paid to Executive, and shall receive no further consideration, if Executive has not returned revokes the signed Agreement waiver and General Release attached as Exhibit A within the time permitted, then the offer release of payments and benefits set forth herein will expire by its own terms at such time. Executive also recognizes that revocation of this Agreement must be in writing and must be delivered to Xxxx X. Xxxx, by certified mail or courier service (signature of receipt required)ADEA claims.
Appears in 1 contract
ADEA Release. Executive agrees and expressly acknowledges that this Separation Agreement includes a waiver and release of all claims which Executive is waiving and releasing any rights Executive has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“"ADEA”) "). The following terms and that this conditions apply to and are part of the waiver and release is knowing of ADEA claims under this Separation Agreement:
(i) The waiver and voluntary. Executive acknowledges that release of claims under the consideration given for ADEA contained in this Agreement is do not cover rights or claims that may arise after the date on which Executive executes and delivers this Separation Agreement to the Company.
(ii) This Separation Agreement involves consideration in addition to anything of value to which Executive is already entitled. Executive further acknowledges that Executive has been advised by this writing that: .
(iiii) Executive should is advised to consult an attorney before signing this Separation Agreement. If Executive executes this Separation Agreement prior to the expiration of the period specified in Section 6(f)(iv) below, Executive does so voluntarily and after having had the opportunity to consult with an attorney prior to executing this Agreement; attorney.
(iiiv) Executive has up to is granted twenty-one (21) days from the date of after Executive is presented with this Agreement within which to consider decide whether or not to sign this Agreement and the General Release attached as Exhibit A, and Separation Agreement.
(v) Executive will have up the right to twenty-one (21) days from revoke the Retirement Date waiver and release of claims under the ADEA within which to consider the General Release attached as Exhibit B, although Executive may, at Executive’s discretion, sign and return the appropriate release at any time on or after the date of this Agreement or the Retirement Date, respectively, in which case Executive waives all rights to the balance of this twenty-one (21) day review period; (iii) Executive has seven (7) days following Executive’s execution of this Agreement after the Separation Date and General Release attached as Exhibit A to revoke the Agreement and General Release (the “Revocation Period”); (iv) Executive has reaffirmed this Agreement, including the ADEA waiver, . This Section 6(f) shall not be become effective or enforceable until the Revocation Period that revocation period 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 acknowledges understands and agrees that Executive shall refund any consideration that has been previously paid to Executive, and shall receive no further consideration, if Executive has not returned revokes the signed Agreement waiver and General Release attached as Exhibit A within the time permitted, then the offer release of payments and benefits set forth herein will expire by its own terms at such time. Executive also recognizes that revocation of this Agreement must be in writing and must be delivered to Xxxx X. Xxxx, by certified mail or courier service (signature of receipt required)ADEA claims.
Appears in 1 contract
ADEA Release. Executive agrees and expressly acknowledges that this Separation Agreement includes a waiver and release of all claims which Executive is waiving and releasing any rights Executive has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“ADEA”) ). The following terms and that this conditions apply to and are part of the waiver and release is knowing of ADEA claims under this Separation Agreement:
(i) The waiver and voluntary. release of claims under the ADEA contained in this Separation Agreement do not cover rights or claims that may arise after the date on which Executive acknowledges that executes and delivers this Separation Agreement to the Company.
(ii) This Separation Agreement involves consideration given for this Agreement is in addition to anything of value to which Executive is already entitled. Executive further acknowledges that Executive has been advised by this writing that: .
(iiii) Executive should is advised to consult an attorney before signing this Separation Agreement. If Executive executes this Separation Agreement prior to the expiration of the period specified in Section 7(f)(iv) below, Executive does so voluntarily and after having had the opportunity to consult with an attorney prior to executing this Agreement; attorney.
(iiiv) Executive has up to is granted twenty-one (21) days from the date of after Executive is presented with this Separation Agreement within which to consider decide whether or not to sign this Agreement and the General Release attached as Exhibit A, and Separation Agreement.
(v) Executive will have up the right to twenty-one (21) days from revoke the Retirement Date waiver and release of claims under the ADEA within which to consider the General Release attached as Exhibit B, although Executive may, at Executive’s discretion, sign and return the appropriate release at any time on or after the date of this Agreement or the Retirement Date, respectively, in which case Executive waives all rights to the balance of this twenty-one (21) day review period; (iii) Executive has seven (7) days following Executive’s execution of after the Separation Date and Executive has reaffirmed this Agreement and General Release attached as Exhibit A to revoke the Agreement and General Release (the “Revocation Period”); (ivSeparation Agreement. This Section 7(f) this Agreement, including the ADEA waiver, shall not be become effective or enforceable until the Revocation Period that revocation period 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 acknowledges understands and agrees that Executive shall refund any consideration that has been previously paid to Executive, and shall receive no further consideration, if Executive has not returned revokes the signed Agreement waiver and General Release attached as Exhibit A within the time permitted, then the offer release of payments and benefits set forth herein will expire by its own terms at such time. Executive also recognizes that revocation of this Agreement must be in writing and must be delivered to Xxxx X. Xxxx, by certified mail or courier service (signature of receipt required)ADEA claims.
Appears in 1 contract
Samples: Separation Agreement (Pinnacle Entertainment, Inc.)
ADEA Release. Executive Employee agrees and expressly acknowledges that Executive is waiving this Agreement includes a waiver and releasing any rights Executive release of all claims, which Employee has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“"ADEA”) "). The following terms and that this conditions apply to and are part of the waiver and release is knowing of ADEA claims under this Agreement:
a. The waiver and voluntary. Executive acknowledges that release of claims under the consideration given for ADEA contained in this Agreement is do not cover rights or claims that may arise after the date on which Employee signs this Agreement.
b. This Agreement involves consideration in addition to anything of value to which Executive Employee is already entitled.
c. Employee is advised to consult an attorney before signing this Agreement. Executive further acknowledges that Executive has been advised by If Employee executes this writing that: (iAgreement prior to the expiration of the period specified in paragraph 3(d) Executive should below, Employee does so voluntarily and after having had the opportunity to consult with an attorney prior to executing this Agreement; (ii) Executive has up to twenty-attorney.
d. Employee is granted twenty one (21) days from the date of after Employee is presented with this Agreement within which to consider decide whether or not to sign this Agreement and the General Release attached as Exhibit A, and Executive Agreement.
e. Employee will have up the right to twenty-one (21) days from revoke the Retirement Date waiver and release of claims under the ADEA within which to consider the General Release attached as Exhibit B, although Executive may, at Executive’s discretion, sign and return the appropriate release at any time on or after the date of this Agreement or the Retirement Date, respectively, in which case Executive waives all rights to the balance of this twenty-one (21) day review period; (iii) Executive has seven (7) days following Executive’s execution of this Agreement and General Release attached as Exhibit A to revoke the Agreement and General Release (the “Revocation Period”); (iv) signing this Agreement. This Agreement shall not become effective or enforceable until that revocation period has expired and Employee understands and agrees that no consideration shall be paid to Employee pursuant to this Release Agreement or any severance pay agreement, including the ADEA waiverEmployment Agreement, shall not be effective until the Revocation Period revocation period has expired; and (v) nothing in expired without 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 acknowledges that if Executive has not returned the signed Agreement and General Release attached as Exhibit A 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 must be in writing and must be delivered to Xxxx X. Xxxx, by certified mail or courier service (signature of receipt required)having been revoked.
Appears in 1 contract