Common use of ADEA Waiver and Release Clause in Contracts

ADEA Waiver and Release. Executive understands and agrees that he is waiving his rights under the ADEA and thus: (a) Executive has been informed and understands and agrees that he has the period of at least twenty-one (21) calendar days after receipt of this Waiver and Release of Claims to consider whether to sign it. (b) Executive has been informed and understands and agrees that he may revoke this Waiver and Release of Claims at any time during the seven (7) calendar days after it is signed and returned to the Company, in which case none of the provisions of this Waiver and Release of Claims and the Separation Agreement will have any effect. Executive acknowledges and agrees that if he wishes to revoke this Waiver and Release of Claims, he must do so in writing, and that such revocation must be signed by Executive and received by the General Counsel of the Company no later than the seventh (7th) day after Executive has signed the Waiver and Release of Claims. Executive acknowledges and agrees that, in the event Executive revokes the Waiver and Release of Claims, he shall have no right to receive any of the consideration described in Section 2 of the Separation Agreement. (c) Executive agrees that prior to signing this Waiver and Release of Claims, he read and understood each and every provision of the document. (d) Executive understands and agrees that he has been advised in this writing to consult with an attorney of his choice concerning the legal consequences of this Waiver and Release of Claims and the Separation Agreement and Executive hereby acknowledges that prior to signing this Waiver and Release of Claims he had the opportunity to consult, and did consult, with an attorney of his choosing regarding the effect of each and every provision of both this Waiver and Release of Claims and the Separation Agreement. (e) Executive acknowledges and agrees that he knowingly and voluntarily entered into this Waiver and Release of Claims and the Separation Agreement with complete understanding of all relevant facts, and that he was neither fraudulently induced nor coerced to enter into this Waiver and Release of Claims or the Separation Agreement. (f) Executive understands that he is not waiving, releasing or otherwise discharging any claims under the ADEA that may arise after the date he signs this Waiver and Release of Claims.

ADEA Waiver and Release. Executive understands You acknowledge that you are knowingly and agrees that he is voluntarily waiving his and releasing any rights you may have under the ADEA ADEA. You also acknowledge that (i) the consideration given for the waiver and thus: release set forth herein is in addition to anything of value to which you were already entitled, and (aii) Executive has that you have been informed paid for all time worked, have received all the leave and understands leave protections for which you are eligible, pursuant to the Family and agrees Medical Leave Act of 1993, as amended, or otherwise, and have not suffered any on-the-job injury for which you have not already filed a claim. You further acknowledge and agree that he has you have been advised by this writing, as required by the period ADEA, that: (i) your waiver and release do not apply to any rights or claims that may arise after the execution date of at least this Agreement; (ii) you have been advised hereby that you have the right to consult with an attorney prior to executing this Agreement; (iii) you have twenty-one (21) calendar days after receipt of this Waiver and Release of Claims to consider whether this Agreement (although you may choose to sign it. voluntarily execute this Agreement earlier); (biv) Executive has been informed and understands and agrees that he may revoke this Waiver and Release of Claims at any time during the you have seven (7) calendar days after it is signed and returned to following the Company, in which case none of the provisions execution of this Waiver Agreement by the Parties to revoke the Agreement; and Release of Claims (v) this Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth (8th) calendar day after this Agreement is executed by you, provided that the Company has also executed this Agreement by that date (the “Effective Date”). If you choose to timely revoke this Agreement, the Agreement will be null and void, and the Separation Agreement will have any effectshall not be valid or enforceable. Executive acknowledges and agrees that if he wishes To revoke this Agreement, you must timely deliver a signed writing stating your intention to revoke this Waiver and Release of Claimssent via email to Xxxxx XxXxxx, he must do so in writingCompany General Counsel, and that such revocation must be signed at xxxxxxx@xxxx.xxx, by Executive and received by the General Counsel of the Company no later than 11:59 p.m. MT the seventh (7th) calendar day after Executive has signed the Waiver and Release of Claims. Executive acknowledges and agrees that, in the event Executive revokes the Waiver and Release of Claims, he shall have no right to receive any of the consideration described in Section 2 of the Separation you sign this Agreement. (c) Executive agrees that prior to signing this Waiver and Release of Claims, he read and understood each and every provision of the document. (d) Executive understands and agrees that he has been advised in this writing to consult with an attorney of his choice concerning the legal consequences of this Waiver and Release of Claims and the Separation Agreement and Executive hereby acknowledges that prior to signing this Waiver and Release of Claims he had the opportunity to consult, and did consult, with an attorney of his choosing regarding the effect of each and every provision of both this Waiver and Release of Claims and the Separation Agreement. (e) Executive acknowledges and agrees that he knowingly and voluntarily entered into this Waiver and Release of Claims and the Separation Agreement with complete understanding of all relevant facts, and that he was neither fraudulently induced nor coerced to enter into this Waiver and Release of Claims or the Separation Agreement. (f) Executive understands that he is not waiving, releasing or otherwise discharging any claims under the ADEA that may arise after the date he signs this Waiver and Release of Claims.

ADEA Waiver and Release. Executive understands I acknowledge that I am knowingly and agrees voluntarily waiving and releasing any rights I may have under ADEA. I also acknowledge that he the consideration given for the waiver and release herein is waiving his rights under in addition to anything of value to which I was already entitled. I further acknowledge that I have been advised by this writing, as required by the ADEA and thus: ADEA, that: (a) Executive has my waiver and release do not apply to any rights or claims that may arise after the execution date of this Agreement; (b) I have been informed and understands and agrees advised hereby that he has I have the period of at least right to consult with an attorney prior to executing this Agreement; (c) I have twenty-one (21) calendar days from the date I receive this Agreement to consider this Agreement (although I voluntarily may choose to execute this Agreement earlier); (d) I have seven (7) days following the execution of this Agreement to revoke the Agreement; and (e) this Agreement shall not be effective until the later of (i) the date upon which the revocation period has expired, which shall be the eighth (8th) day after I execute this Agreement, or (ii) the date I return this Agreement, fully executed, to the Company. I acknowledge that for this Release Agreement to be effective, I must sign and return it to the Company within twenty-one (21) days after receipt of this Waiver the date I receive it and Release of Claims to consider whether to sign it. (b) Executive has been informed and understands and agrees that he may I must not revoke this Waiver and Release of Claims it at any time during the above-referenced seven (7) calendar days after it is signed day revocation period. I acknowledge that I have read and returned to the Company, in which case none understand Section 1542 of the provisions California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of this Waiver executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and Release relinquish all rights and benefits under that section and any law of Claims and the Separation Agreement will any jurisdiction of similar effect with respect to my release of any unknown or unsuspected claims I may have any effect. Executive acknowledges and agrees that if he wishes to revoke this Waiver and Release of Claims, he must do so in writing, and that such revocation must be signed by Executive and received by the General Counsel of the Company no later than the seventh (7th) day after Executive has signed the Waiver and Release of Claims. Executive acknowledges and agrees that, in the event Executive revokes the Waiver and Release of Claims, he shall have no right to receive against any of the consideration described Released Parties. I understand that this Release Agreement, together with the Change in Section 2 Control Agreement, constitutes the complete, final and exclusive embodiment of the Separation Agreement. (c) Executive agrees entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or representation by the Company that prior to signing this Waiver and Release of Claims, he read and understood each and every provision of the document. (d) Executive understands and agrees that he has been advised in this writing to consult with an attorney of his choice concerning the legal consequences of this Waiver and Release of Claims and the Separation Agreement and Executive hereby acknowledges that prior to signing this Waiver and Release of Claims he had the opportunity to consult, and did consult, with an attorney of his choosing regarding the effect of each and every provision of both this Waiver and Release of Claims and the Separation Agreement. (e) Executive acknowledges and agrees that he knowingly and voluntarily entered into this Waiver and Release of Claims and the Separation Agreement with complete understanding of all relevant facts, and that he was neither fraudulently induced nor coerced to enter into this Waiver and Release of Claims or the Separation Agreement. (f) Executive understands that he is not waiving, releasing or otherwise discharging any claims under the ADEA that may arise after the date he signs this Waiver and Release of Claims.expressly stated herein. Name: Date:

ADEA Waiver and Release. Executive understands and agrees that he is waiving his rights under the ADEA and thus: (a) Executive has been informed and understands and agrees that he has had the period of at least twenty-one (21) calendar days after receipt of to consider whether to sign this Waiver and Release of Claims to consider whether to sign itClaims. (b) Executive has been informed and understands and agrees that he may revoke this Waiver and Release of Claims at any time during the seven (7) calendar days after it is signed and returned to the Company, in which case none of the provisions of this Waiver and Release of Claims and the Separation Agreement will have any effect. Executive acknowledges and agrees that if he wishes to revoke this Waiver and Release of Claims, he must do so in writing, and that such revocation must be signed by Executive and received by the General Counsel of the Company no later than the seventh (7th) day after Executive has signed the Waiver and Release of Claims. Executive acknowledges and agrees that, in the event Executive revokes the Waiver and Release of Claims, he the Agreement shall have no right to receive any of the consideration described in Section 2 of the Separation Agreementbe null and void. (c) Executive agrees that prior to signing this Waiver and Release of Claims, he read and understood each and every provision of the document. (d) Executive understands and agrees that he has been advised in this writing to consult with an attorney of his choice concerning the legal consequences of this Waiver and Release of Claims and the Separation Agreement and Executive hereby acknowledges that prior to signing this Waiver and Release of Claims he had the opportunity to consult, and did consult, with an attorney of his choosing regarding the effect of each and every provision of both this Waiver and Release of Claims and the Separation Agreement. (e) Executive acknowledges and agrees that he knowingly and voluntarily entered into this Waiver and Release of Claims and the Separation Agreement with complete understanding of all relevant facts, and that he was neither fraudulently induced nor coerced to enter into this Waiver and Release of Claims or the Separation Agreement. (f) Executive understands that he is not waiving, releasing or otherwise discharging any claims under the ADEA that may arise after the date he signs this Waiver and Release of Claims.

ADEA Waiver and Release. Executive understands and agrees that he is waiving his rights under the ADEA and thus: (a) Executive has been informed and understands and agrees that he has the period of at least twenty-one (21) calendar days after receipt of this Waiver and Release of Claims to consider whether to sign it. (b) Executive has been informed and understands and agrees that he may revoke this Waiver and Release of Claims at any time during the seven (7) calendar days after it is signed and returned to the Company, in which case none of the provisions of this Waiver and Release of Claims and the Separation Agreement will have any effect. Executive acknowledges and agrees that if he wishes to revoke this Waiver and Release of Claims, he must do so in writing, and that such revocation must be signed by Executive and received by the General Counsel of the Company no later than the seventh (7th) day after Executive has signed the Waiver and Release of Claims. Executive acknowledges and agrees that, in the event Executive revokes the Waiver and Release of Claims, he shall will have no right to receive any of the consideration described in Section 2 paragraphs 3 and 4 of the Separation Agreement. (c) Executive agrees that prior to signing this Waiver and Release of Claims, he read and understood each and every provision of the document. (d) Executive understands and agrees that he has been advised in this writing to consult with an attorney of his choice concerning the legal consequences of this Waiver and Release of Claims and the Separation Agreement and Executive hereby acknowledges that prior to signing this Waiver and Release of Claims he had the opportunity to consult, and did consult, with an attorney of his choosing regarding the effect of each and every provision of both this Waiver and Release of Claims and the Separation Agreement. (e) Executive acknowledges and agrees that he knowingly and voluntarily entered into this Waiver and Release of Claims and the Separation Agreement with complete understanding of all relevant facts, and that he was neither fraudulently induced nor coerced to enter into this Waiver and Release of Claims or the Separation Agreement. (f) Executive understands that he is not waiving, releasing or otherwise discharging any claims under the ADEA that may arise after the date he signs this Waiver and Release of Claims.

ADEA Waiver and Release. Executive understands and agrees that he is waiving his rights under the ADEA and thus: (a) a. Executive has been informed and understands and agrees that he has the period of at least twenty-one (21) calendar days after receipt of this Waiver and Release of Claims to consider whether to sign it. (b) b. Executive has been informed and understands and agrees that he may revoke this Waiver and Release of Claims at any time during the seven (7) calendar days after it is signed and returned to the Company, in which case none of the provisions of this Waiver and Release of Claims and the Separation Agreement will have any effect. Executive acknowledges and agrees that if he wishes to revoke this Waiver and Release of Claims, he must do so in writing, and that such revocation must be signed by Executive and received by the General Counsel Chairman of the Board of the Company no later than the seventh (7th) calendar day after Executive has signed the Waiver and Release of Claims. Executive acknowledges and agrees that, in the event Executive revokes the Waiver and Release of Claims, he shall have no right to receive any of the consideration described in Section 2 of the Separation Agreement. (c) c. Executive agrees that prior to signing this Waiver and Release of Claims, he read and understood each and every provision of the document. (d) d. Executive understands and agrees that he has been advised in this writing to consult with an attorney of his choice concerning the legal consequences of this Waiver and Release of Claims and the Separation Agreement and Executive hereby acknowledges that prior to signing this Waiver and Release of Claims he had the opportunity to consult, and did consult, with an attorney of his choosing regarding the effect of each and every provision of both this Waiver and Release of Claims and the Separation Agreement. (e) e. Executive acknowledges and agrees that he knowingly and voluntarily entered into this Waiver and Release of Claims and the Separation Agreement with complete understanding of all relevant facts, and that he was neither fraudulently induced nor coerced to enter into this Waiver and Release of Claims or the Separation Agreement. (f) f. Executive understands that he is not waiving, releasing or otherwise discharging any claims under the ADEA that may arise after the date he signs this Waiver and Release of Claims.

ADEA Waiver and Release. Executive understands and agrees that he is waiving his rights under the ADEA and thus: (a) Executive has been informed and understands and agrees that he has the period of at least twenty-one (21) calendar days after receipt of this Waiver and Release of Claims to consider whether to sign it. (b) Executive has been informed and understands and agrees that he may revoke this Waiver and Release of Claims at any time during the seven (7) calendar days after it is signed and returned to the Company, in which case none of the provisions of this Waiver and Release of Claims and the Separation Agreement will have any effect. Executive acknowledges and agrees that if he wishes to revoke this Waiver and Release of Claims, he must do so in writing, and that such revocation must be signed by Executive and received by the General Counsel of the Company no later than the seventh (7th) day after Executive has signed the Waiver and Release of Claims. Executive acknowledges and agrees that, in the event Executive revokes the Waiver and Release of Claims, he shall have no right to receive any of the consideration described in Section 2 paragraph 4 of the Separation Agreement. (c) Executive agrees that prior to signing this Waiver and Release of Claims, he read and understood each and every provision of the document. (d) Executive understands and agrees that he has been advised in this writing to consult with an attorney of his choice concerning the legal consequences of this Waiver and Release of Claims and the Separation Agreement and Executive hereby acknowledges that prior to signing this Waiver and Release of Claims he had the opportunity to consult, and did consult, with an attorney of his choosing regarding the effect of each and every provision of both this Waiver and Release of Claims and the Separation Agreement. (e) Executive acknowledges and agrees that he knowingly and voluntarily entered into this Waiver and Release of Claims and the Separation Agreement with complete understanding of all relevant facts, and that he was neither fraudulently induced nor coerced to enter into this Waiver and Release of Claims or the Separation Agreement. (f) Executive understands that he is not waiving, releasing or otherwise discharging any claims under the ADEA that may arise after the date he signs this Waiver and Release of Claims.

ADEA Waiver and Release. Executive understands and agrees that he is waiving his rights under the ADEA and thus: (a) Executive has been informed and understands and agrees that he has the period of at least twenty-one (21) calendar days after receipt of this Waiver and Release of Claims to consider whether to sign it. (b) Executive has been informed and understands and agrees that he may revoke this Waiver and Release of Claims at any time during the seven (7) calendar days after it is signed and returned to the Company, in which case none of the provisions of this Waiver and Release of Claims and the Separation Agreement will have any effect. Executive acknowledges and agrees that if he wishes to revoke this Waiver and Release of Claims, he must do so in writing, and that such revocation must be signed by Executive and received by the General Counsel of the Company no later than the seventh (7th) day after Executive has signed the Waiver and Release of Claims. Executive acknowledges and agrees that, in the event Executive revokes the Waiver and Release of Claims, he shall have no right to receive any of the consideration described in Section 2 paragraph 5 of the Separation Agreement. (c) Executive agrees that prior to signing this Waiver and Release of Claims, he read and understood each and every provision of the document. (d) Executive understands and agrees that he has been advised in this writing to consult with an attorney of his choice concerning the legal consequences of this Waiver and Release of Claims and the Separation Agreement and Executive hereby acknowledges that prior to signing this Waiver and Release of Claims he had the opportunity to consult, and did consult, with an attorney of his choosing regarding the effect of each and every provision of both this Waiver and Release of Claims and the Separation Agreement. (e) Executive acknowledges and agrees that he knowingly and voluntarily entered into this Waiver and Release of Claims and the Separation Agreement with complete understanding of all relevant facts, and that he was neither fraudulently induced nor coerced to enter into this Waiver and Release of Claims or the Separation Agreement. (f) Executive understands that he is not waiving, releasing or otherwise discharging any claims under the ADEA that may arise after the date he signs this Waiver and Release of Claims.

ADEA Waiver and Release. Executive understands and agrees that he is waiving his rights under the ADEA and thus: (a) a. Executive has been informed and understands and agrees that he has the period of at least twenty-one (21) calendar days after receipt of this Waiver and Release of Claims Agreement to consider whether to sign it. (b) b. Executive has been informed and understands and agrees that he may revoke this Waiver and Release of Claims Agreement at any time during the seven (7) calendar days after it this Agreement is signed and returned to the Company, in which case none of the provisions of this Waiver and Release of Claims and the Separation Agreement will have any effect. Executive acknowledges and agrees that if he wishes to revoke this Waiver and Release of ClaimsAgreement, he must do so in writing, and that such revocation must be signed by Executive and received by the General Counsel Chief Executive Officer of the Company no later than the seventh (7th) day after Executive has signed the Waiver and Release of ClaimsAgreement. Executive acknowledges and agrees that, in the event Executive revokes the Waiver and Release of ClaimsAgreement, he shall have no right to receive any of the consideration described in Section Sections 2 and 3 above and the other benefits, waiver and release provided under the terms of the Separation this Agreement. (c) c. Executive agrees that prior to signing this Waiver and Release of ClaimsAgreement, he read and understood each and every provision of the documentthis Agreement. (d) d. Executive understands and agrees that he has been advised in this writing to consult with an attorney of his choice concerning the legal consequences of this Waiver and Release of Claims and the Separation Agreement and Executive hereby acknowledges that prior to signing this Waiver and Release of Claims Agreement, he had the opportunity to consult, and did consult, consult with an attorney of his choosing regarding the effect of each and every provision of both this Waiver and Release of Claims and the Separation Agreement. (e) e. Executive acknowledges and agrees that he knowingly and voluntarily entered into this Waiver and Release of Claims and the Separation Agreement with complete understanding of all relevant facts, and that he was neither fraudulently induced nor coerced to enter into this Waiver and Release of Claims or the Separation Agreement. (f) f. Executive understands that he is not waiving, releasing or otherwise discharging any claims under the ADEA that may arise after the date he she signs this Waiver and Release of ClaimsAgreement.

ADEA Waiver and Release. Executive understands and agrees that he is waiving his rights under the ADEA and thus: (a) Executive has You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you may have under the ADEA. You also acknowledge that the consideration given for the waiver and release in the preceding paragraph hereof is in addition to anything of value to which you were already entitled. You further acknowledge that you have been informed advised by this writing, as required by the ADEA, that: (a) your waiver and understands and agrees release do not apply to any rights or claims that he has may arise after the period of at least twenty-one (21) calendar days after receipt execution date of this Waiver and Release of Claims Agreement; (b) you have been advised hereby that you have the right to consult with an attorney prior to executing this Agreement; (c) you have forty-five (45) days to consider whether this Agreement (although you may choose to sign itvoluntarily execute this Agreement earlier); (d) you have seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; 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 you, provided that the Company has also executed this Agreement by that date (“Effective Date”). If you chose to revoke the Agreement, you must send written notice of the revocation by certified mail, return receipt requested, to Xxx Xxxxx, Senior Vice President, Human Resources, 00 Xxxx Xxxxxx, 4th Floor, Denver CO, 80206. (b) Executive You acknowledge and agree that you are signing the Agreement voluntarily and without any other promises or agreements from the Company. You understand that your job has been informed eliminated as part of a reduction in force and understands reorganization. The job elimination is a result of business circumstances. The criteria the Company used for the elimination of positions in your department/decisional unit are contained in Exhibit B. Additionally, Exhibit B details the job titles and agrees that he may revoke this Waiver and Release ages of Claims at any time during the seven (7) calendar days after it is signed and returned to the Company, those affected in which case none of the provisions of this Waiver and Release of Claims your department/decisional unit and the Separation Agreement will have any effect. Executive acknowledges ages and agrees that if he wishes to revoke this Waiver and Release job titles of Claims, he must do so in writing, and that such revocation must be signed by Executive and received by the General Counsel of the Company no later than the seventh (7th) day after Executive has signed the Waiver and Release of Claims. Executive acknowledges and agrees that, those in the event Executive revokes same department/decisional unit who are not affected. All persons included in the Waiver and Release of Claims, he shall have no right reduction are eligible to receive any of the consideration described participate in Section 2 of the Separation Agreementseparation benefits. (c) Executive agrees that prior to signing this Waiver and Release of Claims, he read and understood each and every provision of the document. (d) Executive understands and agrees that he has been advised in this writing to consult with an attorney of his choice concerning the legal consequences of this Waiver and Release of Claims and the Separation Agreement and Executive hereby acknowledges that prior to signing this Waiver and Release of Claims he had the opportunity to consult, and did consult, with an attorney of his choosing regarding the effect of each and every provision of both this Waiver and Release of Claims and the Separation Agreement. (e) Executive acknowledges and agrees that he knowingly and voluntarily entered into this Waiver and Release of Claims and the Separation Agreement with complete understanding of all relevant facts, and that he was neither fraudulently induced nor coerced to enter into this Waiver and Release of Claims or the Separation Agreement. (f) Executive understands that he is not waiving, releasing or otherwise discharging any claims under the ADEA that may arise after the date he signs this Waiver and Release of Claims.

ADEA Waiver and Release. Executive understands and agrees that he is waiving his rights under the ADEA and thus: (a) Executive has been informed and understands and agrees that he has the period of at least twenty-one (21) calendar days after receipt of this Waiver and Release of Claims to consider whether to sign it. (b) Executive has been informed and understands and agrees that he may revoke this Waiver and Release of Claims at any time during the seven (7) calendar days after it is signed and returned to the Company, in which case none of the provisions of this Waiver and Release of Claims and the Separation Agreement will have any effect. Executive acknowledges and agrees that if he wishes to revoke this Waiver and Release of Claims, he must do so in writing, and that such revocation must be signed by Executive and received by the General Counsel Chairman of the Board of the Company no later than the seventh (7th) calendar day after Executive has signed the Waiver and Release of Claims. Executive acknowledges and agrees that, in the event Executive revokes the Waiver and Release of Claims, he shall have no right to receive any of the consideration described in Section 2 of the Separation Agreement. (c) Executive agrees that prior to signing this Waiver and Release of Claims, he read and understood each and every provision of the document. (d) Executive understands and agrees that he has been advised in this writing to consult with an attorney of his choice concerning the legal consequences of this Waiver and Release of Claims and the Separation Agreement and Executive hereby acknowledges that prior to signing this Waiver and Release of Claims he had the opportunity to consult, and did consult, with an attorney of his choosing regarding the effect of each and every provision of both this Waiver and Release of Claims and the Separation Agreement. (e) Executive acknowledges and agrees that he knowingly and voluntarily entered into this Waiver and Release of Claims and the Separation Agreement with complete understanding of all relevant facts, and that he was neither fraudulently induced nor coerced to enter into this Waiver and Release of Claims or the Separation Agreement. (f) Executive understands that he is not waiving, releasing or otherwise discharging any claims under the ADEA that may arise after the date he signs this Waiver and Release of Claims.