ADEA Release. By executing this Further Release, Xxxxxx knowingly and voluntarily waives any and all claims under the Age Discrimination in Employment Act ("ADEA"), and further agrees with respect to the ADEA that: (a) This waiver is part of an Agreement that is written in a manner that he understands. (b) This waiver specifically refers to rights and claims arising under the ADEA. (c) Xxxxxx does not waive any claims under the ADEA that may arise after the date that he executes this Further Release. (d) Xxxxxx waives ADEA rights or claims. (e) Xxxxxx has had an opportunity to consult with an attorney before executing this Further Release insofar as it relates to waiver of claims under the ADEA and has been urged to do so. (f) Xxxxxx has been afforded a minimum of 21 days from the date he received the Further Release within which to consider this Further Release insofar as it relates to claims under the ADEA. (g) Xxxxxx shall have 7 days from the date he accepts and signs this Further Release within which to revoke his acceptance of this Further Release. To be effective, such revocation must be made in writing and delivered to the Executive Vice President Human Resources and Administration, Xxxxxx Xxxxxx, One Xxxxx Center, 000 Xxxxxx Xxxxx 0000, Xxxxxxx XX 00000, on or before the seventh (7th) day after Xxxxxx signs it. If Xxxxxx revokes this Further Release it shall not be effective or enforceable and he shall not receive the additional consideration set forth in Paragraph 4 of the Retention and Non-Compete Agreement that has not yet been paid to Xxxxxx. (h) This Further Release shall become effective immediately upon the eighth (8th) day after Xxxxxx signs this Further Release, assuming such Further Release is not revoked as provided in Paragraph 2(g) above.
Appears in 3 contracts
Samples: Resignation and Non Compete Agreement (Kinder Morgan Inc), Resignation and Non Compete Agreement (Kinder Morgan Management LLC), Resignation and Non Compete Agreement (Kinder Morgan Energy Partners L P)
ADEA Release. By executing this Further Release, Xxxxxx [Resigning Employee Name] hereby acknowledges that he knowingly and voluntarily waives enters into this Agreement with the purpose of waiving and releasing any and all claims under the Age Discrimination in Employment Act ("ADEA")of 1967, as amended, and further as such, he/she acknowledges and agrees with respect to the ADEA that:
(a1) This waiver this Agreement is part of worded in an Agreement that is written in a manner that he understands.understandable way;
(b2) This waiver specifically refers to Xxxx Xxxxxx is entering into this Agreement freely and voluntarily and has carefully read and understands all of the provisions of this Agreement;
(3) any rights and or claims arising under the ADEA.ADEA are waived;
(c4) Xxxxxx does not waive any claims under the ADEA that may arise after the date that he executes of this Further Release.Agreement are not waived;
(d5) the rights and claims waived in this Agreement are in exchange for additional consideration over and above anything to which Xxxx Xxxxxx waives ADEA rights or claims.was already undisputedly entitled;
(e6) Xxxx Xxxxxx has been advised in writing to consult with an attorney prior to executing this Agreement, and has had an opportunity to consult with an attorney before executing this Further Release insofar as it relates to waiver of claims under the ADEA and has been urged to do so.;
(f7) Xxxx Xxxxxx has been afforded given a minimum period of 21 time, up to twenty-one (21) days from the date he received the Further Release within which of this Letter, if desired, to consider this Further Release insofar as it relates Agreement, and understands that he/she may revoke his waiver and release of any ADEA (age discrimination) claims covered by this Agreement; provided however, that such a revocation will be deemed to claims cause a failure of consideration for this Agreement, whereupon GEX would be entitled to a return of any monies paid to Xxxx Xxxxxx under the ADEA.this Agreement;
(g8) Xxxx Xxxxxx understands that this Agreement shall not become effective until the eighth day after he signs the Agreement without revocation (the “Effective Date”); and
(9) Xxxxxx shall have 7 days from Any changes made to this Agreement, whether material or immaterial, will not restart the date he accepts and signs this Further Release within which to revoke his acceptance running of this Further Release. To be effective, such revocation must be made in writing and delivered to the Executive Vice President Human Resources and Administration, Xxxxxx Xxxxxx, One Xxxxx Center, 000 Xxxxxx Xxxxx 0000, Xxxxxxx XX 00000, on or before the seventh twenty-one (7th21) day after Xxxxxx signs it. If Xxxxxx revokes this Further Release it shall not be effective or enforceable and he shall not receive the additional consideration set forth in Paragraph 4 of the Retention and Non-Compete Agreement that has not yet been paid to Xxxxxxperiod.
(h) This Further Release shall become effective immediately upon the eighth (8th) day after Xxxxxx signs this Further Release, assuming such Further Release is not revoked as provided in Paragraph 2(g) above.
Appears in 1 contract
Samples: Separation Letter and General Release Agreement (Gex Management, Inc.)
ADEA Release. By executing this Further Release, Xxxxxx EMPLOYEE hereby acknowledges that he knowingly and voluntarily waives enters into this Agreement with the purpose of waiving and releasing any and all claims under the Age Discrimination in Employment Act of 1967 and the Older Workers Benefit Protection Act ("ADEA"OWBPA), and further as such, he acknowledges and agrees with respect to the ADEA that:
(a1) This waiver this Agreement is part of worded in an Agreement that is written in a manner that he understands.understandable way;
(b2) This waiver specifically refers to any rights and or claims arising under the ADEA.ADEA and OWBPA are waived;
(c3) Xxxxxx does not waive any claims under the ADEA and OWBPA that may arise after the date that he executes of this Further Release.Agreement are not waived;
(d4) Xxxxxx waives ADEA the rights or claims.and claims waived in this Agreement are in exchange for additional consideration over and above anything to which EMPLOYEE was already undisputedly entitled;
(e5) Xxxxxx EMPLOYEE has been advised in writing to consult with an attorney prior to executing this Agreement, and has had an opportunity to consult with an attorney before executing this Further Release insofar as it relates to waiver of claims under the ADEA and do so;
(6) EMPLOYEE has been urged given a period of time, 21 days, if desired, to do soconsider this Agreement, and understands that he may revoke his waiver and release of any ADEA (age discrimination) or OWBPA claims covered by this Agreement in the seven day period following his execution of this Agreement; provided however, that such a revocation will be deemed to cause a failure of consideration for this Agreement, whereupon ____________ would be entitled to a return of any monies paid to EMPLOYEE under this Agreement; and
(7) Any changes made to this agreement, whether material or immaterial, will not restart the running of this twenty-one (21) day period.
(f) Xxxxxx has been afforded a minimum 8) Attached to this Agreement and Release of 21 days from the date he received the Further Release within which to consider this Further Release insofar as it relates to claims Claims is information required under the ADEAOlder Workers’ Benefit Protection Act as to eligibility for the severance program including the class of employees covered, time limits for participation, job titles and ages of eligible employees and job titles and ages of employees who are not eligible for the severance program.
(g) Xxxxxx shall have 7 days from the date he accepts and signs this Further Release within which to revoke his acceptance of this Further Release. To be effective, such revocation must be made in writing and delivered to the Executive Vice President Human Resources and Administration, Xxxxxx Xxxxxx, One Xxxxx Center, 000 Xxxxxx Xxxxx 0000, Xxxxxxx XX 00000, on or before the seventh (7th) day after Xxxxxx signs it. If Xxxxxx revokes this Further Release it shall not be effective or enforceable and he shall not receive the additional consideration set forth in Paragraph 4 of the Retention and Non-Compete Agreement that has not yet been paid to Xxxxxx.
(h) This Further Release shall become effective immediately upon the eighth (8th) day after Xxxxxx signs this Further Release, assuming such Further Release is not revoked as provided in Paragraph 2(g) above.
Appears in 1 contract
Samples: Agreement and Release of Claims
ADEA Release. By executing this Further ReleaseAgreement, Xxxxxx you knowingly and voluntarily waives waive any and all claims under the Age Discrimination in Employment Act ("“ADEA"”), and further agrees agree with respect to the ADEA that:
(a) This waiver is part of an Agreement that is written in a manner that he understandsyou understand.
(b) This waiver specifically refers to rights and claims arising under the ADEA.
(c) Xxxxxx does You do not waive any claims under the ADEA that may arise after the date that he executes you execute this Further ReleaseAgreement.
(d) Xxxxxx waives You waive ADEA rights or claims.
(e) Xxxxxx has You have had an opportunity to consult with an attorney before executing this Further Release Agreement insofar as it relates to waiver of claims under the ADEA and has been urged to do soADEA.
(f) Xxxxxx has been afforded You shall have a minimum of 21 days from the date he received the Further Release you receive this Agreement within which to consider this Further Release it insofar as it relates to claims under the ADEA, although you may accept the Agreement at any time within those 21 days, provided, however, that you may not sign this Agreement prior to your Last Day of Employment.
(g) Xxxxxx You shall have 7 days from the date he accepts you accept and signs sign this Further Release Agreement within which to revoke his your acceptance of this Further Releaseagreement. To be effective, such revocation must be made in writing and delivered to the Executive Xxxxx X. Street, Vice President President, Human Resources and Administration, 000 Xxxxxx Xxxxxx, One Xxxxx Center, 000 Xxxxxx Xxxxx 0000, Xxxxxxx Xxxxxxx, XX 00000, 00000 on or before the seventh (7th) day after Xxxxxx signs you sign it. If Xxxxxx revokes you revoke this Further Release Agreement it shall not be effective or enforceable and he you shall not receive the additional consideration set forth in Paragraph 4 of the Retention and Non-Compete Agreement that has not yet been paid to XxxxxxAdditional Consideration.
(h) This Further Release shall become effective immediately upon the eighth (8th) day after Xxxxxx signs this Further Release, assuming such Further Release is not revoked as provided in Paragraph 2(g) above.
Appears in 1 contract
Samples: Retention and Relocation Agreement (Kinder Morgan Inc)
ADEA Release. By executing this Further Release, Xxxxxx [Resigning Employee Name] hereby acknowledges that he knowingly and voluntarily waives enters into this Agreement with the purpose of waiving and releasing any and all claims under the Age Discrimination in Employment Act ("ADEA")of 1967, as amended, and further as such, he/she acknowledges and agrees with respect to the ADEA that:
(a1) This waiver this Agreement is part of worded in an Agreement that is written in a manner that he understands.understandable way;
(b2) This waiver specifically refers to Xxxxxxx Xxxxxxxxxxxxxx is entering into this Agreement freely and voluntarily and has carefully read and understands all of the provisions of this Agreement;
(3) any rights and or claims arising under the ADEA.ADEA are waived;
(c4) Xxxxxx does not waive any claims under the ADEA that may arise after the date that he executes of this Further Release.Agreement are not waived;
(d5) Xxxxxx waives ADEA the rights or claims.and claims waived in this Agreement are in exchange for additional consideration over and above anything to which Xxxxxxx Xxxxxxxxxxxxxx was already undisputedly entitled;
(e6) Xxxxxx Xxxxxxx Xxxxxxxxxxxxxx has been advised in writing to consult with an attorney prior to executing this Agreement, and has had an opportunity to consult with an attorney before executing this Further Release insofar as it relates to waiver of claims under the ADEA and do so;
(7) Xxxxxxx Xxxxxxxxxxxxxx has been urged given a period of time, up to do so.
twenty-one (f21) Xxxxxx has been afforded a minimum of 21 days from the date he received the Further Release within which of this Letter, if desired, to consider this Further Release insofar as it relates Agreement, and understands that he/she may revoke his waiver and release of any ADEA (age discrimination) claims covered by this Agreement; provided however, that such a revocation will be deemed to claims cause a failure of consideration for this Agreement, whereupon GEX would be entitled to a return of any monies paid to Xxxxxxx Xxxxxxxxxxxxxx under the ADEA.this Agreement;
(g8) Xxxxxxx Xxxxxxxxxxxxxx understands that this Agreement shall not become effective until the eighth day after he signs the Agreement without revocation (the “Effective Date”); and
(9) Xxxxxx shall have 7 days from Any changes made to this Agreement, whether material or immaterial, will not restart the date he accepts and signs this Further Release within which to revoke his acceptance running of this Further Release. To be effective, such revocation must be made in writing and delivered to the Executive Vice President Human Resources and Administration, Xxxxxx Xxxxxx, One Xxxxx Center, 000 Xxxxxx Xxxxx 0000, Xxxxxxx XX 00000, on or before the seventh twenty-one (7th21) day after Xxxxxx signs it. If Xxxxxx revokes this Further Release it shall not be effective or enforceable and he shall not receive the additional consideration set forth in Paragraph 4 of the Retention and Non-Compete Agreement that has not yet been paid to Xxxxxxperiod.
(h) This Further Release shall become effective immediately upon the eighth (8th) day after Xxxxxx signs this Further Release, assuming such Further Release is not revoked as provided in Paragraph 2(g) above.
Appears in 1 contract
Samples: Separation Letter and General Release Agreement (Gex Management, Inc.)
ADEA Release. By executing this Further Release, Xxxxxx [Resigning Employee Name] hereby acknowledges that he knowingly and voluntarily waives enters into this Agreement with the purpose of waiving and releasing any and all claims under the Age Discrimination in Employment Act ("ADEA")of 1967, as amended, and further as such, he/she acknowledges and agrees with respect to the ADEA that:
(a1) This waiver this Agreement is part of worded in an Agreement that is written in a manner that he understands.understandable way;
(b2) This waiver specifically refers to Xxxxx Xxxxxxx is entering into this Agreement freely and voluntarily and has carefully read and understands all of the provisions of this Agreement;
(3) any rights and or claims arising under the ADEA.ADEA are waived;
(c4) Xxxxxx does not waive any claims under the ADEA that may arise after the date that he executes of this Further Release.Agreement are not waived;
(d5) Xxxxxx waives ADEA the rights or claims.and claims waived in this Agreement are in exchange for additional consideration over and above anything to which Xxxxx Xxxxxxx was already undisputedly entitled;
(e6) Xxxxxx Xxxxx Xxxxxxx has been advised in writing to consult with an attorney prior to executing this Agreement, and has had an opportunity to consult with an attorney before executing this Further Release insofar as it relates to waiver of claims under the ADEA and do so;
(7) Xxxxx Xxxxxxx has been urged given a period of time, up to do so.
twenty-one (f21) Xxxxxx has been afforded a minimum of 21 days from the date he received the Further Release within which of this Letter, if desired, to consider this Further Release insofar as it relates Agreement, and understands that he/she may revoke his waiver and release of any ADEA (age discrimination) claims covered by this Agreement; provided however, that such a revocation will be deemed to claims cause a failure of consideration for this Agreement, whereupon GEX would be entitled to a return of any monies paid to Xxxxx Xxxxxxx under the ADEA.this Agreement;
(g8) Xxxxx Xxxxxxx understands that this Agreement shall not become effective until the eighth day after he signs the Agreement without revocation (the “Effective Date”); and
(9) Xxxxxx shall have 7 days from Any changes made to this Agreement, whether material or immaterial, will not restart the date he accepts and signs this Further Release within which to revoke his acceptance running of this Further Release. To be effective, such revocation must be made in writing and delivered to the Executive Vice President Human Resources and Administration, Xxxxxx Xxxxxx, One Xxxxx Center, 000 Xxxxxx Xxxxx 0000, Xxxxxxx XX 00000, on or before the seventh twenty-one (7th21) day after Xxxxxx signs it. If Xxxxxx revokes this Further Release it shall not be effective or enforceable and he shall not receive the additional consideration set forth in Paragraph 4 of the Retention and Non-Compete Agreement that has not yet been paid to Xxxxxxperiod.
(h) This Further Release shall become effective immediately upon the eighth (8th) day after Xxxxxx signs this Further Release, assuming such Further Release is not revoked as provided in Paragraph 2(g) above.
Appears in 1 contract
Samples: Separation Letter and General Release Agreement (Gex Management, Inc.)
ADEA Release. By executing this Further Release, Xxxxxx Dxxxxxxx acknowledges that he is knowingly and voluntarily waives waiving and releasing any and all claims rights that he may have under the Age Discrimination in Employment Act ("“ADEA"”). Dxxxxxxx also acknowledges that the consideration given for this Agreement is in addition to anything of value to which he was already entitled. Dxxxxxxx further acknowledges that he has been advised by this writing, and further agrees with respect to as required by the ADEA that:
ADEA, that (a) This waiver is part of an this Agreement that is written in a manner that he understands.
(b) This waiver specifically refers to rights and claims arising under the ADEA.
(c) Xxxxxx does not waive apply to any rights or claims under the ADEA that may arise after the execution date that he executes of this Further Release.
Agreement; (db) Xxxxxx waives ADEA rights or claims.
(e) Xxxxxx has had an opportunity to Dxxxxxxx should consult with an attorney before prior to executing this Further Release insofar as it relates to waiver of claims under the ADEA and Agreement; (c) Dxxxxxxx has been urged to do so.
twenty-one (f21) Xxxxxx has been afforded a minimum of 21 days from the date he received the Further Release within which to consider this Further Release insofar as it relates Agreement (although he may choose to claims voluntarily execute this Agreement earlier and to waive such period of consideration); (d) Dxxxxxxx has seven (7) days following the execution of this Agreement to revoke the Agreement by written notice to Txxxxxx Treat, Vice President and Manager of Human Resources; and (e) this Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth day after this Agreement is executed by Dxxxxxxx (“Effective Date”). Nothing in this Agreement prevents or precludes Dxxxxxxx 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.
(g) Xxxxxx shall have 7 days from the date he accepts and signs this Further Release within which to revoke his acceptance of this Further Release. To be effective, such revocation must be made in writing and delivered to the Executive Vice President Human Resources and Administration, Xxxxxx Xxxxxx, One Xxxxx Center, 000 Xxxxxx Xxxxx 0000, Xxxxxxx XX 00000, on or before the seventh (7th) day after Xxxxxx signs it. If Xxxxxx revokes this Further Release it shall not be effective or enforceable and he shall not receive the additional consideration set forth in Paragraph 4 of the Retention and Non-Compete Agreement that has not yet been paid to Xxxxxx.
(h) This Further Release shall become effective immediately upon the eighth (8th) day after Xxxxxx signs this Further Release, assuming such Further Release is not revoked as provided in Paragraph 2(g) above.
Appears in 1 contract
Samples: Separation and Release Agreement (Cutter & Buck Inc)
ADEA Release. By executing this Further Release, Xxxxxx knowingly EMPLOYEE agrees to release and voluntarily waives forever discharge EMPLOYER and the EMPLOYER Releasees from any and all claims Claims relating to EMPLOYEE’s employment with EMPLOYER arising under the Age Discrimination in Employment Act ("“ADEA"”), 29 U.S.C. § 621 et seq., and further agrees with respect to as modified by the Older Workers’ Benefits Protection Act, 29 U.S.C. § 626(f), against EMPLOYER and the EMPLOYER Releasees. Nothing in this Agreement shall limit or restrict EMPLOYEE’s right under the ADEA that:
(a) This to challenge the validity of EMPLOYEE’s ADEA release in a court of law. However, EMPLOYEE nevertheless understands that the waiver is and release contained in this paragraph still applies to EMPLOYEE’s ADEA Claims and that EMPLOYEE has waived all ADEA Claims as part of an Agreement this Agreement. EMPLOYEE further understands that is written in a manner that he understands.
(b) This waiver specifically refers to rights and claims arising any suit brought under the ADEA.
(c) Xxxxxx does , EMPLOYEE would not be entitled to any damages or other relief unless the waiver in this paragraph was deemed to be invalid. Nothing in this Agreement shall interfere with EMPLOYEE’s right to initiate, cooperate, or participate in an investigation or proceeding conducted by the EEOC, NLRB, or any other federal or state regulatory or law enforcement agency. However, the consideration provided to EMPLOYEE in this Agreement shall be the sole relief provided to EMPLOYEE and he will not be entitled to recover and agrees to waive any claims under monetary benefits or recovery against EMPLOYER in connection with any such claim, charge, or proceeding without regard to who has brought such charge or complaint. Further, the ADEA Parties agree that may arise after nothing in this Agreement or this Paragraph 2 shall in any way apply, release, waive or compromise any right to indemnification that EMPLOYEE has against EMPLOYER (by virtue of applicable law, the EMPLOYER’s organizational documents or policies, the EMPLOYER’s insurance policies, or otherwise) which exists as of the date that he executes this Further Release.
(d) Xxxxxx waives ADEA rights or claims.
(e) Xxxxxx has had an opportunity to consult with an attorney before executing this Further Release insofar as it relates to waiver of claims under the ADEA and has been urged to do so.
(f) Xxxxxx has been afforded a minimum of 21 days from the date he received the Further Release within which to consider this Further Release insofar as it relates to claims under the ADEA.
(g) Xxxxxx shall have 7 days from the date he accepts and signs this Further Release within which to revoke his acceptance of this Further Release. To be effectiveAgreement and which, such revocation must be made in writing and delivered to by their terms, survives the Executive Vice President Human Resources and Administration, Xxxxxx Xxxxxx, One Xxxxx Center, 000 Xxxxxx Xxxxx 0000, Xxxxxxx XX 00000, on or before the seventh (7th) day after Xxxxxx signs it. If Xxxxxx revokes this Further Release it shall not be effective or enforceable and he shall not receive the additional consideration set forth in Paragraph 4 termination of the Retention employment relationship between EMPLOYER and Non-Compete Agreement that has not yet been paid to XxxxxxEMPLOYEE.
(h) This Further Release shall become effective immediately upon the eighth (8th) day after Xxxxxx signs this Further Release, assuming such Further Release is not revoked as provided in Paragraph 2(g) above.
Appears in 1 contract