Common use of ADEA Release Clause in Contracts

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).

ADEA Release. Without limiting the scope of this Agreement in any way, Executive acknowledges certifies that this Agreement constitutes a knowing and voluntary waiver of any and all rights or claims that exist or that Executive is waiving and releasing any rights Executive has or may claim to have under the Age Discrimination in Employment Act (“ADEA”) and ADEA as amended by the OWBPA. This release does not govern any rights or claims that might arise under the ADEA after the date this waiver and release Agreement is knowing and voluntarysigned by Executive. Executive acknowledges that that: (i) the consideration given for this provided pursuant to the Employment Agreement is in addition to anything of value any consideration that Employee would otherwise be entitled to which Executive is already entitled. Executive further acknowledges that receive absent the release; (ii) Executive has been and is hereby advised by this in writing that: (i) Executive should to consult with an attorney prior to executing signing 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) been provided a full and ample opportunity to review this Agreement, including a period of 21 calendar days following Executive’s execution of this Agreement and General Release attached as Exhibit A within which to revoke the Agreement and General Release (the “Revocation Period”)consider it; (iv) to the extent that Executive takes less than 21 calendar days to consider this AgreementAgreement prior to execution, including the ADEA waiverExecutive acknowledges that he had sufficient time to consider this Agreement with counsel and that Executive expressly, shall not be effective until the Revocation Period has expiredvoluntarily and knowingly waives any additional time; and (v) nothing in Executive is aware of Executive’s right to revoke this Agreement prevents or precludes at any time within the seven (7) calendar day period following the date on which Executive from challenging or seeking a determination in good faith of signs 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 that the time permitted, then Agreement shall not become effective or enforceable until the offer seven (7) day revocation period expires. Employee further understands that Employee shall relinquish any right he has to the consideration specifically conditioned upon a release if Employee exercises his right to revoke it. Notice of payments and benefits set forth herein will expire by its own terms at such time. Executive also recognizes that revocation must be made in writing pursuant to Section 8 of this Agreement must be in writing and must be delivered to Xxxx X. Xxxx, received by certified mail or courier service the Company no later than 5:00 p.m. (signature of receipt required)Pacific Standard Time) no later than the seventh (7th) day after Executive signs this Agreement.

ADEA Release. The Company advises Executive acknowledges to consult with an attorney prior to signing this Agreement. Executive understands that he has twenty-one (21) days to consider Xxxxxx X. Xxxxxx December 31, 2019 whether to sign this Agreement (the “Consideration Period”). Executive must return this signed Agreement to the Company within the Consideration Period. If Executive signs and returns this Agreement before the end of the Consideration Period, it is waiving 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 releasing any rights Executive related parties that may have arisen under the Age Discrimination in Employment Act (“ADEA”) and that this waiver and release is knowing and voluntary. Executive acknowledges that as amended by the consideration given for Older Worker’s Benefit Protection Act of 1990 (“OWBPA”), but this Agreement is in addition to anything of value to which Executive is already entitled. Executive further acknowledges does not cover any rights or claims that Executive has been advised may arise under the ADEA as amended 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 OWBPA after the date of execution 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 further understands that he has seven (7) days following Executive’s 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, in writing, to UDR, Inc., c/o Xxxxxx X. Xxxxxx, Chairman and Chief Executive Officer, 0000 Xxxx Xxxxxx Drive, Suite 200, Highlands Ranch, CO 80129, by certified mail, return receipt requested, post-marked within seven (7) days of execution of this Agreement and General Release attached as Exhibit A to state, "I hereby revoke my acceptance of the Agreement." This Agreement and General Release shall not become effective or enforceable until the revocation period has expired without revocation (the “Revocation PeriodRelease Effective Date”); (iv) this Agreement, including . If 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 last day of the validity of this waiver under the ADEArevocation period is a Saturday, nor does it impose any condition precedentSunday, 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 permittedlegal holiday in Colorado, then the offer of payments revocation period shall not expire until the next following day which is not a Saturday, Sunday, or legal holiday in Colorado. If it is not validly revoked, this Agreement will become irrevocable and benefits set forth herein will expire by its own terms at such timeenforceable on the eighth day after Executive signs this Agreement. Executive also recognizes agrees with the Company that revocation changes to this Letter Agreement, whether material or immaterial, do not restart the running 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)the Consideration Period.

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 hereof to consider this Agreement and the General Release attached as Exhibit AA (the “Exhibit A Release”), and Executive will have up to the twenty-one (21) days from the Retirement Date day period ending on January 1, 2019 within which to consider the General Release attached as Exhibit BB (the “Exhibit B Release”), 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, respectivelywithin such applicable twenty-one (21) day period, in which case Executive waives all rights to the balance of this twenty-one (21) day the applicable review period; (iii) Executive has seven (7) days following Executive’s execution of this Agreement and General Release attached as the Exhibit A Release to revoke the Agreement and General 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 (the each such period, a “Revocation Period”); (iv) this Agreement, including and the ADEA waiverwaiver 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 (vvi) 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 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 and/or either General Release must be in writing and must be delivered to Xxxx X. XxxxL3’s Senior Vice President and Chief Human Resources Officer (the “CHRO”), by certified mail or courier service (signature of receipt required).

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 hereof to consider this Agreement and the General Release attached as Exhibit A, and Executive will have up to the twenty-one (21) days from prior to the Retirement Date end of the Employment Period 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, respectivelywithin such applicable twenty-one (21) day period, in which case Executive waives all rights to the balance of this twenty-one (21) day the applicable 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. Xxxxthe L-3 Corporate Vice President of Human Resources, by certified mail or courier service (signature of receipt required).

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 hereof to consider this Agreement and the General Release attached as Exhibit A, and Executive will have up to the twenty-one (21) days from the Retirement Date ending on January 31, 2018 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, respectivelywithin such applicable twenty-one (21) day period, in which case Executive waives all rights to the balance of this twenty-one (21) day the applicable 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 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 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. Xxxxthe L3 Corporate Vice President of Human Resources, by certified mail or courier service (signature of receipt required).