ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that: A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement; B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement; C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it; D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto; E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement; F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 10 contracts
Samples: Employment Agreement (Norwegian Cruise Line Holdings Ltd.), Employment Agreement (Norwegian Cruise Line Holdings Ltd.), Employment Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (i) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into this Release Agreement;
B. Executive (ii) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (iii) He was given a copy of this Release Agreement on [_________, 20___] and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit A-1;
E. Executive was informed that he had seven (7iv) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law; and
(v) He was informed that he has seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises his right of revocation, neither the Company nor Executive will have any obligations under this Agreement.
Appears in 9 contracts
Samples: Employment Agreement (Lionsgate Studios Holding Corp.), Employment Agreement (Lionsgate Studios Holding Corp.), Employment Agreement (Lionsgate Studios Corp.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In X. Xx return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 6 contracts
Samples: Employment Agreement (NCL CORP Ltd.), Employment Agreement (Norwegian Cruise Line Holdings Ltd.), Employment Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In X. Xx return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 6 contracts
Samples: Employment Agreement (Norwegian Cruise Line Holdings Ltd.), Employment Agreement (NCL CORP Ltd.), Employment Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims claims that he Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into executing this Release Agreement;
B. (b) Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. (c) Executive was given a copy of this Release Agreement on [_________[ , 20__] 202 ], and informed that he Executive had twenty [twenty-one (21) )] days within which to consider this Release Agreement and that if he Executive wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day periodperiod to consider this Agreement would not and will not be re-started or extended based on any changes, he should execute the Endorsement attached heretowhether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
E. (d) Executive was informed that he Executive had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement;. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 5 contracts
Samples: Employment Agreement (Surf Air Mobility Inc.), Employment Agreement (Surf Air Mobility Inc.), Employment Agreement (Surf Air Mobility Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [_________, 20__] ], and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he should execute the Endorsement attached heretoreceived it;
E. Executive (d) He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement;. Any notice of revocation should be sent by Executive in writing to the Company (attention Legal Department), 5000 Xxxxx Xxx., Suite 100, Carlsbad, California 92008, so that each is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 5 contracts
Samples: Executive Employment Agreement (AppTech Payments Corp.), Executive Employment Agreement (AppTech Corp.), Executive Employment Agreement (AppTech Corp.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreementrelease, Executive is waiving any and all rights or Claims claims that he Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreementrelease. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreementrelease, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release AgreementRelease;
B. Executive is hereby advised in writing by this Release Agreement release to consult with an attorney before signing this Release Agreementrelease;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement release on [_________, 20___] and informed that he Executive had twenty twenty-one (21) days within which to consider this Release Agreement the release and that if he wished to execute Executive executes this Release Agreement release prior to the expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event acknowledges that Executive exercises will have done so voluntarily and knowing that Executive is waiving Executive’s right of revocation, neither the Company nor Executive will to have any obligations under 21 days to consider this Release Agreementrelease;
F. D. Nothing in this Release Agreement release 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 from doing so, unless specifically authorized by federal law; and
E. Executive was informed that Executive has seven (7) days following the date of execution of this release in which to revoke it, and this release will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period.
Appears in 5 contracts
Samples: Executive Employment Arrangement (Nikola Corp), Executive Employment Arrangement (Nikola Corp), Executive Employment Arrangement (Nikola Corp)
ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he or she is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “"ADEA”"), which have arisen on or before the date of execution of this Release Agreement. The Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive he or she was already entitled to receive before entering into this Release Agreement;
B. (b) The Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. (c) The Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. (d) The Executive was given a copy of this Release Agreement on [_________, 20___] and informed that he or she had twenty twenty-one (21) days within which to consider this Release the Agreement and that if he or she wished to execute this Release Agreement prior to expiration of such 21-day period, he or she should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit A-1;
E. Executive was informed that he had seven (7e) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release Agreement prevents or precludes the 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 from doing so, unless specifically authorized by federal law; and
(f) The Executive was informed that he or she has seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement will become null and void if the Executive elects revocation during that time. Any revocation must be in writing and must be received by Air Group during the seven-day revocation period. In the event that the Executive exercises his or her right of revocation, neither Air Group nor the Executive will have any obligations under this Agreement.
Appears in 3 contracts
Samples: Change of Control Agreement (Alaska Air Group, Inc.), Change of Control Agreement (Alaska Air Group, Inc.), Change of Control Agreement (Alaska Air Group, Inc.)
ADEA Waiver. Executive further expressly understands and acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving and releasing any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date his executes this Supplemental Release. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of execution of this Release Agreementvalue to which Executive was already entitled. Executive further expressly understands and acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby he has been advised in writing by this Release Agreement to writing that: (a) he should consult with an attorney before signing prior to executing this Release Agreement;
C. Executive Supplemental Release; (b) he has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if Supplemental Release, by which time the Company must receive an executed copy; (c) he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had has seven (7) days following the date of his execution of this Supplemental Release Agreement in which to revoke this Release AgreementSupplemental Release, and this Release Agreement will become null and void if Executive elects revocation during agrees that time. Any any such revocation must be in a writing and must be by email or federal express received by Xxxxxx Xxxxxxxxxx by midnight on the Company during the seven-seventh day revocation period. In the event that Executive exercises following Executive’s right execution of revocation, neither this Supplemental Release; (d) this Supplemental Release shall not be effective until after the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing revocation period has expired; and (e) nothing in this Supplemental Release 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 penalties, or costs from for doing so, unless specifically authorized by federal law. In the event Executive signs this Supplemental Release and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Supplemental Release. Executive understands and agrees that he executed this Supplemental Release voluntarily, without any duress or undue influence on the part or behalf of the Company or any third party, with the full intent of releasing all of his claims against the Releasees.
Appears in 3 contracts
Samples: Separation Agreement (Dolby Laboratories, Inc.), Separation Agreement (Dolby Laboratories, Inc.), Separation Agreement (Dolby Laboratories, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________[ , 20__20 ] and informed that he had [twenty one (21) 21)/forty five (45)] days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such [21-day day/45-day] period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 3 contracts
Samples: Employment Agreement (Delcath Systems Inc), Employment Agreement (Delcath Systems Inc), Employment Agreement (Delcath Systems Inc)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. (b) Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. (c) Executive was given a copy of this Release Agreement on [_________[ , 20__] 202 ], and informed that he had twenty [twenty-one (21) )] days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such [21]-day period he will have done so voluntarily and with full knowledge that Executive is waiving his right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day periodperiod to consider this Agreement would not and will not be re-started or extended based on any changes, he should execute the Endorsement attached heretowhether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
E. (d) Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement;. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 3 contracts
Samples: Employment Agreement (Semtech Corp), Employment Agreement (Semtech Corp), Employment Agreement (Semtech Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________[ , 20__20 ] and informed that he had [twenty one (21) 21)/forty five (45)] days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such [21-day day/45-day] period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 3 contracts
Samples: Employment Agreement (NCL CORP Ltd.), Employment Agreement (NCL CORP Ltd.), Employment Agreement (NCL CORP Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. : [A] In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. ; [B] Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. ; [C] Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. ; [D] Executive was given a copy of this Release Agreement on [_________, 20__] _ and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. ; [E] Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. ; [F] Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 3 contracts
Samples: Employment Agreement (Citizens First Corp), Employment Agreement (Citizens First Corp), Employment Agreement (Citizens First Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In X. Xx return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had [twenty one (21) 21)/forty-five (45)] days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such [21-day day/45-day] period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Samples: Employment Agreement (NCL CORP Ltd.), Employment Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he or she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________[ , 20__20 ] and informed that he or she had [twenty one (21) 21)/forty five (45)] days within which to consider this Release Agreement and that if he or she wished to execute this Release Agreement prior to expiration of such [21-day day/45-day] period, he or she should execute the Endorsement attached hereto;
E. Executive was informed that he or she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his or her right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.law.2
Appears in 2 contracts
Samples: Employment Agreement (Hcp, Inc.), Employment Agreement (Hcp, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. : [A] In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. ; [B] Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. ; [C] Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. ; [D] Executive was given a copy of this Release Agreement on [_________, 20__] _ and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. ; [E] Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. ; [F] Nothing in this Release 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 from doing so, unless specifically authorized by federal law.law.2
Appears in 2 contracts
Samples: Employment Agreement (Citizens First Corp), Employment Agreement (Citizens First Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release AgreementTermination Date. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release AgreementAgreement and the Bring Down Release, the Executive will be entitled to receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. (b) Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. (c) Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. (d) Executive was given a copy of this Release Agreement on [_________, 20__] and is hereby informed that he had twenty has twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached heretoAgreement;
E. (e) Executive was is hereby informed that he had has seven (7) days following the date of execution of he executes this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received delivered personally or sent by facsimile or certified or registered mail, postage prepaid, to the Company during the seven-day revocation period. , as follows: Digital Generation, Inc. 000 Xxxx Xxxx Xxxxxxxxx Freeway, Suite 700 Irving, Texas 75039 Attention: Xxxx Xxxxxxxx, Vice President, Human Resources In the event that Executive timely exercises Executive’s his right of revocationrevocation under this Agreement or the Bring Down Release, neither the Company nor Executive will have any obligations under this Release Agreement;; and
F. (f) Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Samples: Employment Transition and Consulting Agreement (Digital Generation, Inc.), Employment Transition and Consulting Agreement (Digital Generation, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In X. Xx return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive X. Xxxxxxxxx was given a copy of this Release Agreement on [_________March 15, 20__] 2023 and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Samples: Transition, Release and Consulting Agreement (Norwegian Cruise Line Holdings Ltd.), Transition, Release and Consulting Agreement (NCL CORP Ltd.)
ADEA Waiver. The Executive has read this Release carefully and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that by which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy of this Release Agreementon [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit A-1; (c) the Executive is waiving hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights or Claims and claims that he the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges Release; and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty one (21e) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing nothing in this Release Agreement prevents or precludes the 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 from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarily.
Appears in 2 contracts
Samples: Employment Agreement (Kilroy Realty, L.P.), Employment Agreement (Kilroy Realty, L.P.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In X. Xx return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] 2023 and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Samples: Transition, Release and Consulting Agreement (Norwegian Cruise Line Holdings Ltd.), Transition, Release and Consulting Agreement (NCL CORP Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In X. Xx return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he she had twenty one (21) days within which to consider this Release Agreement and that if he she wished to execute this Release Agreement prior to expiration of such 21-day period, he she should execute the Endorsement attached hereto;
E. Executive was informed that he she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Samples: Employment Agreement (NCL CORP Ltd.), Employment Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________[ , 20__20 ] and informed that he had [twenty one (21) 21)/forty five (45)] days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such [21-day day/45-day] period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Samples: Employment Agreement (Pacific Sunwear of California Inc), Employment Agreement (Power One Inc)
ADEA Waiver. The Executive has read this Release carefully and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that by which he or she was already entitled to receive before entering into this Release; (b) the Executive was given a copy of this Release Agreementon [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is waiving hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to xxx or bring any other claims against the Released Parties, including any and all rights or Claims and claims that he the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges Release; and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty one (21e) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing nothing in this Release Agreement prevents or precludes the 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 from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the Executive’s signing of this Release without the Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the terms of the Company’s normal payroll practices or employee benefit plans. In the event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Release, and the Executive agrees to all of its terms voluntarily.
Appears in 2 contracts
Samples: Employment Agreement (Kilroy Realty, L.P.), Employment Agreement (Kilroy Realty, L.P.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (A) In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. (B) Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. (C) Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. (D) Executive was given a copy of this Release Agreement on [_________[ , 20__20 ] and informed that he had [twenty one (21) 21)/forty five (45)] days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such [21-day day/45-day] period, he should execute the Endorsement attached hereto;
E. (E) Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. (F) Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Samples: Employment Agreement (Quality Care Properties, Inc.), Employment Agreement (Quality Care Properties, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he or she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________________, 20__] and informed that he or she had [twenty one (21) 21)/forty five (45)] days within which to consider this Release Agreement and that if he or she wished to execute this Release Agreement prior to expiration of such [21-day day/45-day] period, he or she should execute the Endorsement attached hereto;
E. Executive was informed that he or she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his or her right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.law.2
Appears in 2 contracts
Samples: Employment Agreement (Hcp, Inc.), Employment Agreement (Hcp, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In X. Xx return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Samples: Employment Agreement (NCL CORP Ltd.), Employment Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________[ , 20__20 ] and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Samples: Employment Agreement (Norwegian Cruise Line Holdings Ltd.), Employment Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive (b) He is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [_________, 20__] ], and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he should execute the Endorsement attached heretoreceived it;
E. Executive (d) He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement;. Any notice of revocation should be sent by Executive in writing to the Company (attention General Counsel), 0000 Xxxxx Xxxxxxx Xxxxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000, so that each is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Samples: Executive Employment Agreement (Guess Inc), Executive Employment Agreement (Guess Inc)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________________, 20__] and informed that he had [twenty one (21) 21)/forty five (45)] days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such [21-day day/45-day] period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Samples: Employment Agreement (Delcath Systems Inc), Employment Agreement (Delcath Systems Inc)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In X. Xx return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Samples: Employment Agreement (Norwegian Cruise Line Holdings Ltd.), Employment Agreement (NCL CORP Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreementrelease, Executive is waiving any and all rights or Claims claims that he Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreementrelease. Executive further expressly acknowledges and agrees that:
A. a. In return for this Release Agreementrelease, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release AgreementRelease;
B. b. Executive is hereby xxxxxx advised in writing by this Release Agreement release to consult with an attorney before signing this Release Agreementrelease;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. c. Executive was given a copy of this Release Agreement release on [_________, 20___ ] and informed that he Executive had twenty twenty-one (21) days within which to consider this Release Agreement the release and that if he wished to execute Executive executes this Release Agreement release prior to the expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event acknowledges that Executive exercises will have done so voluntarily and knowing that Executive is waiving Executive’s right of revocation, neither the Company nor Executive will to have any obligations under 21 days to consider this Release Agreementrelease;
F. d. Nothing in this Release Agreement release 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 from doing so, unless specifically authorized by federal law; and
e. Executive was informed that Executive has seven (7) days following the date of execution of this release in which to revoke it, and this release will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period.
Appears in 2 contracts
Samples: Executive Employment Arrangement (Nikola Corp), Executive Employment Agreement (Nikola Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive (a) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (b) He was given a copy of this Release Agreement on [___________, 20__] and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit B-1;
E. (c) Nothing in this Release 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 from doing so, unless specifically authorized by federal law; and
(d) He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company Employer during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company Employer nor Executive will have any obligations obligation under this Release Agreement;
F. Nothing . Any notice of revocation should be sent by Executive in writing to the Employer (attention Xxxxxx X. Xxxxxxx), 949 Xxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxx Xxxx, XX 00000, xx that it is received within the seven-day period following execution of this Release Agreement prevents or precludes by Executive. Executive from challenging or seeking agrees to also promptly provide a determination in good faith copy of any such notice to the validity board of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal lawdirectors of each Employer.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims claims that he Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. This waiver and release do not, however, apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive will receive consideration beyond that to which the Executive was already entitled to receive before entering into executing this Release Agreement;
B. (b) Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. (c) Executive was given a copy of this Release Agreement on [_________the Separation Date, 20__] and informed that he had twenty one Executive has forty-five (2145) days within which to consider this Release Agreement and that if he wished Executive wishes to execute this Release Agreement prior to the expiration of such 2145-day period, he should execute the Endorsement attached heretoExecutive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have forty-five (45) days to consider this Agreement; and that such forty-five (45) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such forty-five (45) day period after Executive received it;
E. (d) Executive was informed that he had Executive has seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement. Any notice of revocation must be sent by Executive in writing to the Company (attention Xxxxxxxx Xxxxxx - Vice President, Talent Development), 000 Xxxxx Xxxx, Camarillo, California 93012-8790, so that it is received within the seven-day period following execution of this Agreement by Executive;
F. (e) Executive has been informed in writing of the eligibility factors for the Company’s severance program in connection with the pending group layoff that is being implemented by the Company (the “Program”), any time limits applicable to the Program, the job titles and ages of all employees selected for the Program, and the ages and job titles of the employees in the same decisional unit or job classification as Executive who were not selected for the Program, as set forth in Exhibit A to this Agreement; and
(f) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Separation and General Release Agreement (Semtech Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release AgreementTermination Date. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will be entitled to receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and is hereby informed that he had twenty has twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached heretoAgreement;
E. Executive was is hereby informed that he had has seven (7) days following the date of execution of he executes this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received delivered personally or sent by facsimile or certified or registered mail, postage prepaid, to the Company during the seven-day revocation period. , as follows: Catalyst Health Solutions, Inc. 000 Xxxx Xxxx Xxxxxxxxx Xxxxxxxxx, XX 00000 Attention: General Counsel In the event that Executive timely exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;; and
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Separation and Release Agreement (Catalyst Health Solutions, Inc.)
ADEA Waiver. Executive Individual expressly acknowledges and agrees that by entering into this Release Separation Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Separation Agreement. Executive Individual further expressly acknowledges and agrees that:
A. (a) In return for this Release Separation Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into this Release Separation Agreement;
B. Executive (b) He is hereby advised in writing by this Release Separation Agreement to consult with an attorney before signing this Release Separation Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Separation Agreement on [_________December 7, 20__] 2007 and informed that he had twenty twenty-one (21) days within which to consider this Release the Separation Agreement and that if he wished to execute this Release Separation Agreement prior to expiration of such 21-day period, he should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit A;
E. Executive was informed that he had seven (7d) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release Separation Agreement prevents or precludes Executive Individual 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 from doing so, unless specifically authorized by federal law; and
(e) He was informed that he has seven (7) days following the date of execution of this Separation Agreement in which to revoke this Separation Agreement, and this Separation Agreement will become null and void if Individual elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Individual exercises his right of revocation, neither the Company nor Individual will have any obligations under this Separation Agreement.
Appears in 1 contract
Samples: Employment Separation and General Release Agreement (Napster Inc)
ADEA Waiver. In exchange for material portions of the additional pay and benefits provided by the Separation Consideration under this Agreement and, in accordance with the Older Workers Benefit Protection Act, Executive expressly acknowledges and agrees that that, by entering into this Release Agreement, Executive he is knowingly and voluntarily waiving any and all rights and releasing all Claims and claims, known or Claims that he may have unknown, arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which that he may have arisen on otherwise had against the Employer or before any Released Party up to the date of execution Effective Date of this Release Agreement. Executive further also expressly acknowledges and agrees that:
A. In 8.1 in return for this Release Agreement, the Executive will receive consideration consideration, that is, something of value, beyond that to which the Executive he was already entitled to receive entitled, before entering into this Release Agreement;
B. 8.2 Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. 8.3 Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and is informed that he had twenty has twenty-one (21) calendar days from the date that this Agreement was presented to him, to consider whether to sign and accept the terms of this Agreement and that, if he signs this Agreement prior to the twenty-one (21)-day period, he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days within which to consider this Release Agreement and Agreement. Executive agrees that if he wished any modifications, material or otherwise, made to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be not restart or affect in writing and must be received by any manner the Company during the sevenoriginal twenty-one (21) calendar day revocation consideration period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;.
F. 8.4 Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
8.5 Executive is informed that he has seven (7) days following the date that he signs this Agreement during which he may revoke it. This Agreement will become null and void if Executive elects revocation during that time. In the event that Executive fails to so notify the Employer, he will be deemed to have waived his right of revocation. If Executive exercises his right of revocation, neither the Employer nor Executive will have any obligations under this Agreement. Any revocation within this period must be submitted, in writing, to CalAmp and state, “I hereby revoke my acceptance of the Separation Agreement and General Release.” This revocation must be personally delivered to Xxxxxx Xxx Xxxxxx, or mailed to CalAmp, ATTN: Xxxxxx Xxx Xxxxxx, Senior Vice President of Human Resources, 00000 Xxxxx Xxxxxxx, Suite 250, Irvine, California 92618, and postmarked within seven (7) calendar days of execution of this Agreement. This Agreement will not become effective or enforceable until the revocation period has expired. If the last day of the revocation period is a Saturday, Sunday, or legal holiday in the state in which Executive was employed at the time of his last day of employment, then the revocation period will not expire until the next following day which is not a Saturday, Sunday, or legal holiday.
Appears in 1 contract
Samples: Separation Agreement (CalAmp Corp.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________________, 20__] and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;; and
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________February 2, 20__] 2018 and informed that he she had twenty one (21) days within which to consider this Release Agreement and that if he she wished to execute this Release Agreement prior to expiration of such 21-day period, he she should execute the Endorsement attached hereto;
E. Executive was informed that he she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release AgreementAgreement (including, without limitation, any obligations to pay or provide the Termination Benefits);
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Transition, Release and Consulting Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. (b) Executive is hereby xxxxxx advised in writing by this Release Agreement that Executive has the right to and should consult with an attorney before signing this Release Agreement;
C. (c) Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. (d) Executive was given a copy of this Release Agreement on [_________November 1, 20__] 2022 and informed that he had twenty one (21) 21 days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. (e) Executive was informed that he had seven (7) days following the date of his execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation revokes this Release Agreement during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release AgreementAgreement and Executive will not become entitled to the Severance Payment;
F. (f) Executive understands that this Release Agreement shall become effective, irrevocable, and binding upon Executive on the eighth (8th) day after his execution of it, so long as Executive has not revoked it within the time period and in the manner specified in clause (e) above;
(g) Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Separation Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Separation Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Separation Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into this Release Separation Agreement, including, without limitation, the Severance Benefits;
B. Executive He is hereby advised in writing by this Release Separation Agreement to consult with an attorney before signing this Release Separation Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive He was given a copy of this Release Separation Agreement on [_________September 30, 20__] 2008 and informed that he had twenty twenty-one (21) days within which to consider this Release the Separation Agreement and that if he wished to execute this Release Separation Agreement prior to expiration of such 21-day period, he should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit A;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. D. Nothing in this Release Separation 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 from doing so, unless specifically authorized by federal law; and
E. He was informed that he has seven (7) days following the date of execution of this Separation Agreement in which to revoke this Separation Agreement, and this Separation Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises his right of revocation, neither the Company nor Executive will have any obligations under this Separation Agreement.
Appears in 1 contract
Samples: Employment Separation and General Release Agreement (Power One Inc)
ADEA Waiver. Executive Employee expressly acknowledges and agrees that by entering into this Release Agreement, Executive Employee is waiving any and all rights or Claims that he may have arising under ADEA and the Age Discrimination in Employment Older Worker Benefits Protection Act of 1967, as amended (the “ADEAOWBPA”), which have arisen on or before the date of execution of this Release Agreement. Executive Employee further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive (A) Employee is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive (B) Employee has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (C) Employee was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty [forty-five (45) / twenty-one (21) )] days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day [45 / 21]-day period, he should execute the Endorsement attached hereto;
E. Executive (D) Employee was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive Employee elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive Employee exercises Executive’s his right of revocation, neither the Company nor Executive Employee will have any obligations under this Release Agreement;
F. (E) Nothing in this Release Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEAADEA or the OWBPA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Employment Agreement (Valaris LTD)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [_________, 20__] 20 , and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he should execute the Endorsement attached heretoreceived it;
E. Executive (d) He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement;. Any notice of revocation should be sent by Executive in writing to the Company (attention _____________), [Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Employment Agreement (Evolus, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Transition Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release AgreementEffective Date. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Transition Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Transition Agreement;
B. Executive (b) He is hereby advised in writing by this Release Transition Agreement to consult with an attorney before signing this Release Transition Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Transition Agreement on [_________December 8, 20__] 2015, and informed that he had twenty twenty-one (21) days within which to consider this Release Transition Agreement and that if he wished to execute this Release Transition Agreement prior to the expiration of such 21-day period, he should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit A;
E. Executive was informed that he had seven (7d) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release Transition 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 from doing so, unless specifically authorized by federal law; and
(e) He was informed that he had seven (7) days following the date of execution of this Transition Agreement in which to revoke this Transition Agreement, and this Transition Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Employer during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Employer nor Executive will have any obligation under this Transition Agreement. Any notice of revocation should be sent by Executive in writing to the Employer (attention Xxxxxx X. Xxxxxxx), 000 Xxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxx Xxxx, XX 00000, so that it is received within the seven-day period following execution of this Transition Agreement by Executive. Executive agrees to also promptly provide a copy of any such notice to the board of directors of each Employer.
Appears in 1 contract
ADEA Waiver. Executive Xxxxxxx expressly acknowledges and agrees that by entering into this Release AgreementRelease, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release AgreementRelease. Executive Xxxxxxx further expressly acknowledges and agrees that:
A. (a) In return for this Release AgreementRelease, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into this Release AgreementRelease;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Release;
(c) He has read and understands the terms of this Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (d) He was given a copy of this Release Agreement on [_________prior to date hereof, 20__] and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and Release, that if he wished to execute this Release Agreement prior to expiration of such changes (whether material or otherwise) will not restart the 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7e) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release Agreement prevents or precludes Executive Xxxxxxx 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 from doing so, unless specifically authorized by federal law;
(f) By signing this Agreement, Xxxxxxx acknowledges that Xxxxxxx does so freely, knowingly, and voluntarily. Xxxxxxx agrees that any changes made to this Agreement, whether material or not material, made prior to Employee’s signing this Agreement will not restart the time period to review and consider it; and
(g) He was informed that he has seven (7) days following the date of execution of this Release in which to revoke this Release, and this Release will become null and void if Xxxxxxx so elects revocation during that time. Any revocation must be in writing and must be received by LXL during the seven (7)-day revocation period and by the close of business on the seventh day of such period (the “Revocation Period”). In the event that Xxxxxxx exercises his right of revocation, neither LXL nor Xxxxxxx will have any obligations under this Release.
Appears in 1 contract
Samples: Transition Services and General Release Agreement (LiveXLive Media, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [_________June 16, 20__] 2022, and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he should execute the Endorsement attached heretoreceived it;
E. Executive (d) He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement or under the Separation Agreement;. Any notice of revocation should be sent by Executive in writing to the Company (attention: Chief Executive Officer at x.xxx@xxxxxxxxx.xxx), so that it is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In X. Xx return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Employment Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. : In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive ; He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive ; He was given a copy of this Release Agreement on [___________, 20__] and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod he will have done so voluntarily and with full knowledge that he is waiving his right to have 21 days to consider this Agreement; and that such 21-day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such 21-day period after he should execute the Endorsement attached hereto;
E. Executive received it; He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement;
F. . Any notice of revocation should be sent by Executive in writing to the Company (attention: XXXXXXX), [address], so that it is received within the 7-day period following execution of this Agreement by Executive. Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Employment Agreement (Ascent Solar Technologies, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release AgreementRelease, Executive she is waiving any and all rights or Claims claims that he she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), . which have arisen on or before the date of execution of this Release AgreementRelease. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release AgreementRelease, the Executive she will receive consideration beyond that which the Executive she was already entitled to receive before entering into this Release AgreementRelease;
B. Executive (b) She is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release AgreementRelease;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) She was given a copy of this Release Agreement on [_________, 20__] and informed that he she had twenty twenty-one (21) days within which to consider this Release Agreement and that if he she wished to execute this Release Agreement prior to expiration of such 21[twenty-day one (21)-day // forty-five (45)-day] period, he she should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Schedule A;
E. Executive was informed that he had seven (7d) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law; and
(e) She was informed that she has seven (7) days following the date of execution of this Release in which to revoke this Release, and this Release will become null and void if Executive so elects revocation during that time. Any revocation must be in writing and must be received by Employer during the seven (7)-day revocation period. In the event that Executive exercises her right of revocation, neither Employer nor Executive will have any obligations under this Release.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________●], 20__] 2024 and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Transition and Release Agreement (Malibu Boats, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release AgreementResignation Date. Executive further expressly acknowledges and agrees that:
A. a. In return for this Release AgreementAgreement and the Bring Down Release, the Executive will be entitled to receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. b. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. c. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. d. Executive was given a copy of this Release Agreement on [_________, 20__] and is hereby informed that he had twenty has twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached heretoAgreement;
E. e. Executive was is hereby informed that he had has seven (7) days following the date of execution of he executes this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received delivered personally or sent by facsimile or certified or registered mail, postage prepaid, to the Company during the seven-day revocation period. , as follows: Catalyst Health Solutions, Inc. 000 Xxxx Xxxx Xxxxxxxxx Xxxxxxxxx, XX 00000 Attention: Xxxxxxxx X. Xxxxxxx, General Counsel In the event that Executive timely exercises Executive’s his right of revocationrevocation under this Release Agreement or the Bring Down Release, neither the Company nor Executive will have any obligations under this Release Agreement;; and
F. f. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Voluntary Separation and Release Agreement (Catalyst Health Solutions, Inc.)
ADEA Waiver. Executive Mxxxx expressly acknowledges and agrees that that, by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefit Protection Act of 1990 (the “"ADEA”"), which have arisen on or before the date of execution of this Release Agreement. Executive further Mxxxx also expressly acknowledges and agrees that:
A. In : (a) in return for this Release Agreement, the Executive Mxxxx will receive consideration consideration, i.e., something of value, beyond that to which the Executive he was already entitled to receive before entering into this Release Agreement;
B. Executive ; (b) he is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was fact so consulted; (c) when given a copy of this Release Agreement on [_________Agreement, 20__] and Mxxxx was informed that he had twenty twenty-one (21) days within which to consider this Release Agreement it and that if he wished any changes to execute this Release Agreement prior to expiration of such the Agreement, whether material or immaterial, will not renew, extend or modify the 21-day period, he should execute the Endorsement attached hereto;
E. Executive period to consider this Agreement; (d) Mxxxx was informed that he had has seven (7) days following the date of execution of this Release he executes the Agreement in which to revoke this Release Agreement, it and this Release Agreement will become null and void if Executive elects revocation during that time. Any any such revocation must be in writing and must be received by delivered to the Company during to the seven-day revocation period. In attention of the event that Company's Chief Executive exercises Executive’s right of revocationOfficer, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing Pxxx Xxxxx; and (e) nothing in this Release Agreement prevents or precludes Executive Mxxxx 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 from doing so, unless specifically authorized by federal law. Mxxxx further understands, agrees, and represents that if he elects to execute this Agreement before the twenty-one (21) day reflection period expires, he does so voluntarily after consultation with counsel, and that this Agreement shall not become effective until the seven day revocation period has expired. IN THE EVENT THAT MXXXX EXERCISES HIS RIGHT TO REVOKE THIS AGREEMENT, IT WILL be null and void and neither the Company nor Mxxxx will have any rights or obligations under this Agreement.
Appears in 1 contract
Samples: Separation and General Release Agreement (Truett-Hurst, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release AgreementEffective Date. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [_________January 16, 20__] 2015, and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day period, he should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit A;
E. Executive was informed that he had seven (7d) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law; and
(e) He was informed that he had seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by Ocwen during the seven-day revocation period. In the event that Executive exercises this revocation right, neither Ocwen nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to Ocwen to the address set forth below so that it is received within the seven-day period following execution of this Agreement by Executive. Ocwen Financial Corporation 1000 Xxxxxxxxx Xxxx NE, Suite 210 Atlanta, Georgia 30328 Attention: General Counsel with a copy to: O’Melveny & Mxxxx LLP 600 Xxxxxxx Xxxxxx Xxxxx, 00xx Xxxxx Xxxxxxx Xxxxx, Xxxxxxxxxx 00000 Attn: Jxxxxxx X. Xxxxxxxxx, Esq.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [___________, 20__] and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Employment Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release AgreementRelease, Executive is waiving any and all rights or Claims that he or she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release AgreementRelease. Executive further expressly acknowledges and agrees that:
A. In return for this Release AgreementRelease, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release AgreementRelease;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release AgreementRelease;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he or she had [twenty one (21) 21)/forty five (45)] days within which to consider this Release Agreement and that if he or she wished to execute this Release Agreement prior to expiration of such [21-day day/45-day] period, he or she should execute the Endorsement attached hereto;hereto;2
E. Executive was informed that he or she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release AgreementRelease, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his or her right of revocation, neither the Company nor Executive will have any obligations under this Release AgreementRelease;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive Employee expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive Employee further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive (c) He has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (d) He was given a copy of this Release Agreement on [_________January 15, 20__] 2009 and informed that he had twenty one forty-five (2145) days within which to consider this Release the Agreement and that if he wished to execute this Release Agreement prior to expiration of such 2145-day period, he should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit A;
E. Executive was informed that he had seven (7e) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release Agreement prevents or precludes Executive Employee 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 from doing so, unless specifically authorized by federal law; and
(f) He was informed that he has seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement will become null and void if Employee elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Employee exercises his right of revocation, neither the Company nor Employee will have any obligations under this Agreement.
(g) He acknowledges that if he fails to return an executed copy of this Agreement within 45 days, the Company shall have no obligations under this Agreement.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. a. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. b. Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. c. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. d. Executive was given a copy of this Release Agreement on [_________February 19, 20__] 2024 and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. e. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. f. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Transition, Release and Consulting Agreement (Malibu Boats, Inc.)
ADEA Waiver. Executive expressly acknowledges In addition to the provisions contained herein, and agrees that by entering into execution of this Release Agreement, Executive is waiving expressly waives any and all rights or Claims that he may have to claims arising under the Age Discrimination in Employment Act of 1967, as amended amended, ("ADEA") and:
a) Executive acknowledges that his waiver of rights or claims arising under the “ADEA is in writing, written in a manner calculated to be understood, and is understood by him;
b) Executive expressly understands that this waiver refers to rights or claims arising under the ADEA”), which have arisen on or before the date of ;
c) Executive expressly understands that by execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, he does not waive any ADEA rights or claims that may arise after the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into date this Release AgreementAgreement is executed;
B. d) Executive acknowledges that the waiver of his rights on claims arising under the ADEA is hereby in exchange for CPI's obligations to Executive as set out in paragraphs 5 and 10 hereof;
e) Executive acknowledges that CPI expressly advised in writing him by this Release Agreement to consult with an attorney before signing of his choosing prior to executing this Release Agreement;
C. . Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. advised by CPI that Executive was is given a copy period of twenty-one (21) calendar days following his receipt of this Release Agreement on [_________within which to consider this Agreement. Executive may elect to accept or reject this offer within the time period. If Executive does nothing within the twenty-one (21) day period, 20__] and informed CPI shall consider the offer withdrawn. Executive certifies that if he had twenty signs this Agreement prior to the expiration of the twenty-one (21) days within which following his receipt of the Agreement, he does so knowingly and willingly. Furthermore, Executive acknowledges and understands that for a period of seven (7) calendar days after he signs and delivers this Agreement to consider this Release Agreement CPI, he may change his mind and that if he wished revoke the Agreement. If Executive desires to execute this Release Agreement prior to expiration revoke the Agreement, Executive must deliver notice of such 21-revocation in writing to Xxxx X. Xxxxxx, CPI Corp., Legal Department, 0000 Xxxxxxxxxx Xxxxxx, Xx. Xxxxx, Xxxxxxxx 00000, on or before the close of business on the seventh day periodfollowing Executive's execution and delivery of the Agreement. Consequently, he should execute the Endorsement attached hereto;
E. Executive was informed that he had this Agreement will not be in effect until seven (7) days have passed following Executive's signing and delivery of the Agreement. If the revocation is mailed, it shall be deemed effective at the time it is mailed. If hand-delivered, a notice of revocation shall be deemed effective on the date delivered. If Executive gives notice of execution of revocation during the revocation period, this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will shall become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by all rights and claims of both CPI and Executive, which would have existed but for the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity execution of this waiver under the ADEAAgreement, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal lawshall be restored.
Appears in 1 contract
Samples: Employment Separation and Release Agreement (Cpi Corp)
ADEA Waiver. Executive Individual expressly acknowledges and agrees that by entering into this Release Separation Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Separation Agreement. Executive Individual further expressly acknowledges and agrees that:
A. (a) In return for this Release Separation Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into this Release Separation Agreement;
B. Executive (b) He is hereby advised in writing by this Release Separation Agreement to consult with an attorney before signing this Release Separation Agreement;
C. Executive (c) He has voluntarily chosen to enter into this Release Separation Agreement and has not been forced or pressured in any way to sign it;
D. Executive (d) He was given a copy of this Release Separation Agreement on [_________December 9, 20__] 2008 and informed that he had twenty one forty-five (2145) days within which to consider this Release the Separation Agreement and that if he wished to execute this Release Separation Agreement prior to expiration of such 2145-day period, he should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit A;
E. Executive was informed that he had seven (7e) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release Separation Agreement prevents or precludes Executive Individual 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 from doing so, unless specifically authorized by federal law; and
(f) He was informed that he has seven (7) days following the date of execution of this Separation Agreement in which to revoke this Separation Agreement, and this Separation Agreement will become null and void if Individual elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Individual exercises his right of revocation, neither the Company nor Individual will have any obligations under this Separation Agreement.
Appears in 1 contract
Samples: Employment Separation and General Release Agreement (Pacific Sunwear of California Inc)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had [twenty one (21) 21)/forty five (45)] days within which to consider this Release 1 Note to Draft: To be updated at the time of termination of employment to reflect then-applicable law. Agreement and that if he wished to execute this Release Agreement prior to expiration of such [21-day day/45-day] period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Executive Employment Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [_________March 13, 20__] 2017, and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he should execute the Endorsement attached heretoreceived it;
E. Executive (d) He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, then neither the Company nor Executive will have any obligations obligation under this Release Agreement;. Any notice of revocation should be sent by Executive in writing in accordance with the notice provisions set forth below in this Agreement so that it is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Separation and Release Agreement (Cti Biopharma Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that that, by entering into this Release Agreement, Executive is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967Act, as amended (the “ADEA”), which have arisen on or before the date of execution of that he signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive will receive consideration compensation beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. (b) Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. (c) Executive is hereby informed that (i) Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty one (21) 21 days within which to consider the Agreement, (ii) the 21-day period to consider this Release Agreement will not re-start or be extended if any changes (whether material or immaterial) are made to this Agreement after the date it is first provided to Executive, and that (iii) if he wished to execute Executive signs this Release Agreement prior to expiration before the end of such 21-day period, he should execute the Endorsement attached heretoExecutive acknowledges and agrees that Executive will have done so voluntarily and with full knowledge that Executive was waiving his right to have 21 days to consider this Agreement;
E. (d) Executive was is hereby informed that he had has seven (7) days following the date of execution of that he signs this Release Agreement in which to revoke this Release Agreementwaiver of ADEA claims, and that this Release Agreement waiver of ADEA claims will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company (delivered to its Chief Executive Officer) during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocationto revoke this Agreement, the Agreement shall be null and void and neither the Company nor Executive will have any rights or obligations under this Release Agreement;Agreement and Executive will not be entitled to the benefits set forth in Section 3; and
F. (e) Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive Employee expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive Employee further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive (c) He has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (d) He was given a copy of this Release Agreement on [_________January 2, 20__] 2009 and informed that he had twenty one forty-five (2145) days within which to consider this Release the Agreement and that if he wished to execute this Release Agreement prior to expiration of such 2145-day period, he should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit A;
E. Executive was informed that he had seven (7e) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release Agreement prevents or precludes Executive Employee 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 from doing so, unless specifically authorized by federal law; and
(f) He was informed that he has seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement will become null and void if Employee elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Employee exercises his right of revocation, neither the Company nor Employee will have any obligations under this Agreement.
(g) He acknowledges that if he fails to return an executed copy of this Agreement within 45 days, the Company shall have no obligations under this Agreement.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration under the Transition Agreement beyond that which the Executive he was already entitled to receive before entering into this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [_________December 8, 20__] 2015 and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit B-1;
E. (d) Nothing in this Release 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 from doing so, unless specifically authorized by federal law; and
(e) He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company Employer during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company Employer nor Executive will have any obligations obligation under this Release Agreement;
F. Nothing . Any notice of revocation should be sent by Executive in writing to the Employer (attention Xxxxxx X. Xxxxxxx), 000 Xxxxx Xxxxx Xxxxx, Xxxxx 000, Xxxxx Xxxx, XX 00000, so that it is received within the seven-day period following execution of this Release Agreement prevents or precludes by Executive. Executive from challenging or seeking agrees to also promptly provide a determination in good faith copy of any such notice to the validity board of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal lawdirectors of each Employer.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In X. Xx return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________October 13, 20__] 2021 and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release AgreementAgreement (including, without limitation, any obligations to pay or provide the cash payment provided for in Section 2 above);
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Release and Consulting Agreement (El Pollo Loco Holdings, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. : [A] In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. ; [B] Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. ; [C] Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. ; [D] Executive was given a copy of this Release Agreement on [___on______, 20__] _ and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. ; [E] Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. ; [F] Nothing in this Release 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 from doing so, unless specifically authorized by federal law.law.2
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. : (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive ; (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive ; (c) He was given a copy of this Release Agreement on [_________, 20__] 20 , and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he should execute the Endorsement attached hereto;
E. Executive received it; (d) He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement;
F. Nothing . Any notice of revocation should be sent by Executive in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of writing to the validity Company (attention _____________), [Address], so that it is received within the seven-day period following execution of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized Agreement by federal lawExecutive.
Appears in 1 contract
Samples: Employment Agreement
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Separation Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Separation Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Separation Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into this Release Separation Agreement;
B. Executive (b) He is hereby advised in writing by this Release Separation Agreement to consult with an attorney before signing this Release Separation Agreement;
C. Executive (c) He has voluntarily chosen to enter into this Release Separation Agreement and has not been forced or pressured in any way to sign it;
D. Executive (d) He was given a copy of this Release Separation Agreement on [_________July 18, 20__] 2008 and informed that he had twenty twenty-one (21) days within which to consider this Release the Separation Agreement and that if he wished to execute this Release Separation Agreement prior to expiration of such 21-day period, he should execute the Endorsement Acknowledgement and Waiver attached heretohereto as EXHIBIT C;
E. Executive (e) He was informed that he had has seven (7) days following the date of execution of this Release Separation Agreement in which to revoke this Release Separation Agreement, and this Release Separation Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release Separation Agreement;; and
F. (f) Nothing in this Release Separation 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Employment Separation and General Release Agreement (Allergy Research Group Inc)
ADEA Waiver. Executive expressly acknowledges and agrees that that, by entering into this Release Agreement, Executive is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967Act, as amended (the “ADEA”), which have arisen on or before the date of execution of that he signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive will receive consideration compensation beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. (b) Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. (c) Executive is hereby informed that (i) Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty one (21) 21 days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such the Agreement, (ii) the 21-day period to consider this Agreement will not re-start or be extended if any changes (whether material or immaterial) are made to this Agreement after the date it is first provided to Executive, and (iii) if Executive signs this Agreement before the end of such 21- day period, he should execute the Endorsement attached heretoExecutive acknowledges and agrees that Executive will have done so voluntarily and with full knowledge that Executive was waiving his right to have 21 days to consider this Agreement;
E. (d) Executive was is xxxxxx informed that he had has seven (7) days following the date of execution of that he signs this Release Agreement in which to revoke this Release Agreementwaiver of ADEA claims, and that this Release Agreement waiver of ADEA claims will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company (delivered to its Chief Executive Officer) during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocationto revoke this Agreement, the Agreement shall be null and void and neither the Company nor Executive will have any rights or obligations under this Release Agreement;Agreement and Executive will not be entitled to the benefits set forth in Section 3; and
F. (e) Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Transition Agreement
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________November 21, 20__] 2007 and informed that he had twenty one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Resignation Agreement (Pacific Sunwear of California Inc)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (A) In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. (B) Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. (C) Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. (D) Executive was given a copy of this Release Agreement on [_________[ , 20__20 ] and informed that he had [twenty one (21) 21)/forty five (45)] days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such [21-day day/45-day] period, he should execute the Endorsement attached hereto;
E. (E) Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. (F) Nothing in this Release 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 from doing so, unless specifically authorized by federal law.law.2
Appears in 1 contract
Samples: Employment Agreement (Quality Care Properties, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Separation Agreement, Executive she is waiving any and all rights or Claims claims that he she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Separation Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Separation Agreement, the Executive she will receive consideration beyond that which the Executive she was already entitled to receive before entering into this Release Separation Agreement;
B. Executive (b) She is hereby advised in writing by this Release Separation Agreement to consult with an attorney before signing this Release Separation Agreement;
C. Executive (c) She has voluntarily chosen to enter into this Release Separation Agreement and has not been forced or pressured in any way to sign it;
D. Executive (d) She was given a copy of this Release Separation Agreement on [_________July 18, 20__] 2008 and informed that he she had twenty twenty-one (21) days within which to consider this Release the Separation Agreement and that if he she wished to execute this Release Separation Agreement prior to expiration of such 21-day period, he she should execute the Endorsement Acknowledgement and Waiver attached heretohereto as EXHIBIT C;
E. Executive (e) She was informed that he had she has seven (7) days following the date of execution of this Release Separation Agreement in which to revoke this Release Separation Agreement, and this Release Separation Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s her right of revocation, neither the Company nor Executive will have any obligations under this Release Separation Agreement;; and
F. (f) Nothing in this Release Separation 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Employment Separation and General Release Agreement (Allergy Research Group Inc)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. (b) Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. (c) Executive was given a copy of this Release Agreement on [_________, 20202__] ], and informed that he or she had twenty [twenty-one (21) )] days within which to consider this Release 1 To be included or modified by the Company in good faith at the time of separation, based on facts and circumstances as of such time. Agreement and that if he or she wished to execute this Release Agreement prior to the expiration of such [21]-day period he or she will have done so voluntarily and with full knowledge that Executive is waiving his or her right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day periodperiod to consider this Agreement would not and will not be re-started or extended based on any changes, he should execute the Endorsement attached heretowhether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
E. (d) Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement;. Any notice of revocation should be sent by Executive in writing to the Company (attention [_____________]), [Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims claims that he or she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive she was already entitled to receive before entering into executing this Release Agreement;
B. (b) Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. (c) Executive was given a copy of this Release Agreement on [_________March 20, 20__] 2025, and informed that he or she had twenty one (21) days within which to consider this Release Agreement and that if he or she wished to execute this Release Agreement prior to the expiration of such 2130-day periodperiod he or she will have done so voluntarily and with full knowledge that Executive is waiving his or her right to have twenty one (21) days to consider this Agreement; and that such twenty one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, he should execute the Endorsement attached heretowhether material or immaterial, that are or were made to this Agreement in such twenty one (21) day period after Executive received it;
E. (d) Executive was informed that he she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement and the Consulting Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement;. Any notice of revocation should be sent by Executive in writing to the Company (attention Xxxxxxx X. Xxxxxx, Chief Executive Officer), 1781 Flight Way, Tustin, CA 92782, so that it is received within the seven-day period following the execution of this Agreement by Executive; and
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Consulting Agreement (Sabra Health Care REIT, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [_________March 13, 20__] 2018, and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he should execute the Endorsement attached heretoreceived it;
E. Executive (d) He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement;. Any notice of revocation should be sent by Executive in writing to the Company (attention Chief Executive Officer), 0000 Xxxxx Xxxx Xxxx Xxxxx, Xxxxxxx, Xxxx 00000, so that it is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Retirement Agreement (Sportsman's Warehouse Holdings, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________●], 20__] 2018 and informed that he she had twenty one (21) days within which to consider this Release Agreement and that if he she wished to execute this Release Agreement prior to expiration of such 21-day period, he she should execute the Endorsement attached hereto;
E. Executive was informed that he she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release AgreementAgreement (including, without limitation, any obligations to pay or provide the Termination Benefits);
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Transition, Release and Consulting Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [_________September 30, 20__] 2016, and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he should execute the Endorsement attached heretoreceived it;
E. Executive (d) He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, then (1) neither the Company nor Executive will have any obligations obligation under this Release Agreement or under the Consulting Agreement;, and (2) the Effective Date Option shall terminate and Executive shall have no further right with respect thereto or in respect thereof. Any notice of revocation should be sent by Executive in writing in accordance with the notice provisions set forth below in this Agreement so that it is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Separation and Release Agreement (Cti Biopharma Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Separation Agreement, Executive she is waiving any and all rights or Claims claims that he she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Separation Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Separation Agreement, the Executive she will receive consideration beyond that which the Executive she was already entitled to receive before entering into this Release Separation Agreement;
B. Executive (b) She is hereby advised in writing by this Release Separation Agreement to consult with an attorney before signing this Release Separation Agreement;
C. Executive (c) She has voluntarily chosen to enter into this Release Separation Agreement and has not been forced or pressured in any way to sign it;
D. Executive (d) She was given a copy of this Release Separation Agreement on [_________July 18, 20__] 2008 and informed that he she had twenty twenty-one (21) days within which to consider this Release the Separation Agreement and that if he she wished to execute this Release Separation Agreement prior to expiration of such 21-day period, he she should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit C;
E. Executive (e) She was informed that he had she has seven (7) days following the date of execution of this Release Separation Agreement in which to revoke this Release Separation Agreement, and this Release Separation Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s her right of revocation, neither the Company nor Executive will have any obligations under this Release Separation Agreement;; and
F. (f) Nothing in this Release Separation 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Employment Separation and General Release Agreement (KI NutriCare, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release AgreementRelease, Executive she is waiving any and all rights or Claims claims that he she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), . which have arisen on or before the date of execution of this Release AgreementRelease. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release AgreementRelease, the Executive she will receive consideration beyond that which the Executive she was already entitled to receive before entering into this Release AgreementRelease;
B. Executive (b) She is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release AgreementRelease;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) She was given a copy of this Release Agreement on [_________[ ], 20__] and informed that he she had twenty twenty-one (21) days within which to consider this Release Agreement and that if he she wished to execute this Release Agreement prior to expiration of such 21[twenty-day one (21)-day // forty-five (45)-day] period, he she should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Schedule A;
E. Executive was informed that he had seven (7d) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law; and
(e) She was informed that she has seven (7) days following the date of execution of this Release in which to revoke this Release, and this Release will become null and void if Executive so elects revocation during that time. Any revocation must be in writing and must be received by Employer during the seven (7)-day revocation period. In the event that Executive exercises her right of revocation, neither Employer nor Executive will have any obligations under this Release.
Appears in 1 contract
ADEA Waiver. Executive Employee expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Employee signs this Release Agreement. Executive Employee further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [_________, 20__] __, and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he should execute the Endorsement attached heretoreceived it;
E. Executive (d) He was informed that he had seven (7) days following the date of execution of this Release Agreement by him in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive Employee elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive Employee exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive Employee will have any obligations obligation under this Release Agreement;. Any notice of revocation should be sent by Employee in writing to the Company (attention Chief Executive Officer) to the address of the Company’s principal executive offices so that it is received within the seven-day period following execution of this Agreement by Employee.
F. (e) Nothing in this Release Agreement prevents or precludes Executive Employee 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Executive Employment Agreement (Electronics for Imaging Inc)
ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he or she is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. The Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive he or she was already entitled to receive before entering into this Release Agreement;
B. (b) The Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. (c) The Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. (d) The Executive was given a copy of this Release Agreement on [_________, 20__[ ] and informed that he or she had twenty twenty-one (21) days within which to consider this Release the Agreement and that if he or she wished to execute this Release Agreement prior to expiration of such 21-day period, he or she should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit A-1;
E. Executive was informed that he had seven (7e) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release Agreement prevents or precludes the 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 from doing so, unless specifically authorized by federal law; and
(f) The Executive was informed that he or she has seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement will become null and void if the Executive elects revocation during that time. Any revocation must be in writing and must be received by Air Group during the seven-day revocation period. In the event that the Executive exercises his or her right of revocation, neither Air Group nor the Executive will have any obligations under this Agreement.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Supplemental Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Supplemental Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Supplemental Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into this Supplemental Release Agreement;
B. Executive (b) He is hereby advised in writing by this Supplemental Release Agreement to consult with an attorney before signing this Supplemental Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Supplemental Release Agreement on [_________September 25, 20__] 2009 and informed that he had twenty twenty-one (21) days within which to consider this the Supplemental Release Agreement and that if he wished to execute this Supplemental Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit C-1;
E. Executive was informed that he had seven (7d) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Supplemental Release 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 from doing so, unless specifically authorized by federal law; and
(e) He was informed that he has seven (7) days following the date of execution of this Supplemental Release Agreement in which to revoke this Supplemental Release Agreement, and this Supplemental Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises his right of revocation, neither the Company nor Executive will have any obligations under the Separation Agreement or the Consultant Agreement.
Appears in 1 contract
Samples: Employment Separation and General Release Agreement (RBS Global Inc)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Supplemental Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Supplemental Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Supplemental Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into this Supplemental Release Agreement;
B. Executive (b) He is hereby advised in writing by this Supplemental Release Agreement to consult with an attorney before signing this Supplemental Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Supplemental Release Agreement on [_________[ ], 20__] 2010 and informed that he had twenty twenty-one (21) days within which to consider this the Supplemental Release Agreement and that if he wished to execute this Supplemental Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement Acknowledgement and Waiver attached heretohereto as Exhibit A-1;
E. Executive was informed that he had seven (7d) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Supplemental Release 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 from doing so, unless specifically authorized by federal law; and
(e) He was informed that he has seven (7) days following the date of execution of this Supplemental Release Agreement in which to revoke this Supplemental Release Agreement, and this Supplemental Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises his right of revocation, neither the Company nor Executive will have any obligations to make any payments of provide any benefits under Section 4.4(b) or (c) of the Agreement, as applicable.
Appears in 1 contract
Samples: Employment Agreement
ADEA Waiver. Executive expressly Employee acknowledges and agrees that by entering into this Release Agreement, Executive she is waiving and releasing any and all rights or Claims that he she may have arising under the Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Employee agrees that this waiver and release does not apply to any rights or before claims that may arise under the date of execution ADEA after the Effective Date of this Release Agreement. Executive further expressly Employee acknowledges and agrees that:
A. In return that the consideration given for this Release Agreement, the Executive will receive consideration beyond that waiver and release is in addition to anything of value to which the Executive Employee was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby entitled. Employee further acknowledges that she has been advised in writing by this Release Agreement to writing that: (a) she should consult with an attorney before signing prior to executing this Release Agreement;
C. Executive ; (b) she has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had Agreement; (c) she has seven (7) days following the date of her execution of this Release Agreement in which to revoke this Release Agreement, ; (d) this Agreement shall not be effective until after the revocation period has expired; and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing (e) nothing in this Release Agreement prevents or precludes Executive Employee 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 penalties, or costs from for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that she has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges and understands that revocation must be accomplished by a written notification to Xxxxx Xxxxx-Xxxxxxx, Director of People Relations that is received prior to the Effective Date. The Parties agree that changes to this Agreement, whether material or immaterial, do not restart the running of the 21-day consideration period referenced above.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________[ , 20___] and informed that he had [twenty one (21) 21)/forty five (45)] days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such [21-day day/45-day] period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Employment Agreement (Pacific Sunwear of California Inc)
ADEA Waiver. Executive further expressly understands and acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving and releasing any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive understands and agrees that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date he executes this Supplemental Release. Executive understands and acknowledges that the consideration given for this waiver and release is in addition to anything of execution of this Release Agreementvalue to which Executive was already entitled. Executive further expressly understands and acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby he has been advised in writing by this Release Agreement to writing that: (a) he should consult with an attorney before signing prior to executing this Release Agreement;
C. Executive Supplemental Release; (b) he has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if Supplemental Release, by which time the Company must receive an executed copy; (c) he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had has seven (7) days following the date of his execution of this Supplemental Release Agreement in which to revoke this Release AgreementSupplemental Release, and this Release Agreement will become null and void if Executive elects revocation during agrees that time. Any any such revocation must be in a writing and must be by email or federal express received by the Company during by midnight on the seven-seventh day revocation period. In the event that Executive exercises following Executive’s right execution of revocation, neither this Supplemental Release; (d) this Supplemental Release shall not be effective until after the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing revocation period has expired; and (e) nothing in this Supplemental Release 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 penalties, or costs from for doing so, unless specifically authorized by federal law. In the event Executive signs this Supplemental Release and returns it to the Company in less than the 21-day period identified above, Executive hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Supplemental Release.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. This waiver and release do not, however, apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive will receive consideration beyond that to which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. (b) Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. (c) Executive was given a copy of this Release Agreement on [_________the Separation Date, 20__] and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished wishes to execute this Release Agreement prior to the expiration of such 21-day period, he should execute the Endorsement attached heretowill have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he received it;
E. (d) Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive he elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement;. Any notice of revocation must be sent by Executive in writing to the Company (attention Xxxxxxx X. Xxxxxx, Executive Vice President, Chief Legal Officer and Chief ESG Officer), 000 Xxxxx Xxxx, Camarillo, California 93012-8790, so that it is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Separation and General Release Agreement (Semtech Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________________, 20__] and informed that he had [twenty one (21) 21)/forty five (45)] days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such [21-day day/45-day] period, he should execute the Endorsement attached hereto;; and
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. (b) Executive is hereby xxxxxx advised in writing by this Release Agreement that Executive has the right to and should consult with an attorney before signing this Release Agreement;
C. (c) Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. (d) Executive was given a copy of this Release Agreement on [_________October 6, 20__] 2022 and informed that he had twenty one (21) 21 days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. (e) Executive was informed that he had seven (7) days following the date of his execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation revokes this Release Agreement during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company nor Executive will have any obligations under this Release AgreementAgreement and Executive will not become entitled to the Severance Benefits;
F. (f) Executive understands that this Release Agreement shall become effective, irrevocable, and binding upon Executive on the eighth (8th) day after his execution of it, so long as Executive has not revoked it within the time period and in the manner specified in clause (e) above;
(g) Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. In exchange for material portions of the additional pay and benefits provided by the Separation Consideration under this Agreement and, in accordance with the Older Workers Benefit Protection Act, Executive expressly acknowledges and agrees that that, by entering into this Release Agreement, Executive he is knowingly and voluntarily waiving any and all rights and releasing all Claims and claims, known or Claims that he may have unknown, arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which that he may have arisen on otherwise had against the Employer or before any Released Party up to the date of execution Effective Date of this Release Agreement. Executive further also expressly acknowledges and agrees that:
A. In 8.1 in return for this Release Agreement, the Executive will receive consideration consideration, that is, something of value, beyond that to which the Executive he was already entitled to receive entitled, before entering into this Release Agreement;
B. 8.2 Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. 8.3 Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and is informed that he had twenty one (21) has 21 calendar days within which from the date that this Agreement was presented to him, to consider whether to sign and accept the terms of this Release Agreement and that that, if he wished to execute signs this Release Agreement prior to expiration of such the 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed will have done so voluntarily and with full knowledge that he had seven (7) is waiving his right to have 21 days following the date of execution of to consider this Release Agreement in which Agreement. Executive agrees that any modifications, material or otherwise, made to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be not restart or affect in writing and must be received by any manner the Company during the seven-original 21 calendar day revocation consideration period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;.
F. 8.4 Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
8.5 Executive is informed that he has 7 days following the date that he signs this Agreement during which he may revoke it. This Agreement will become null and void if Executive elects revocation during that time. In the event that Executive fails to so notify the Employer, he will be deemed to have waived his right of revocation. If Executive exercises his right of revocation, neither the Employer nor Executive will have any obligations under this Agreement. Any revocation within this period must be submitted, in writing, to CalAmp and state, “I hereby revoke my acceptance of the Separation Agreement and General Release.” This revocation must be personally delivered to Xxxxxx Xxx Xxxxxx, or mailed to CalAmp, ATTN: Xxxxxx Xxx Xxxxxx, Senior Vice President of Human Resources, 00000 Xxxxx Xxxxxxx, Suite 250, Irvine, California 92618, and postmarked within 7 calendar days of execution of this Agreement. This Agreement will not become effective or enforceable until the revocation period has expired. If the last day of the revocation period is a Saturday, Sunday, or legal holiday in the state in which Executive was employed at the time of his last day of employment, then the revocation period will not expire until the next following day which is not a Saturday, Sunday, or legal holiday.
Appears in 1 contract
Samples: Separation Agreement (CalAmp Corp.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive (b) He is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [___________, 20__] , and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he should execute the Endorsement attached heretoreceived it;
E. Executive (d) He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement;. Any notice of revocation should be sent by Executive in writing to the Company (attention ), [Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Employment Agreement (Priveterra Acquisition Corp.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [_________, 20__[ ] and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and Agreement, that if he wished to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement Acknowledgement and Waiver attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreementhereto as Exhibit A-1, and that any changes, whether material or immaterial, that are made to this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the sevensuch 21-day revocation period. In period will not re-start or extend the event that 21-day period for Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under to consider this Release Agreement;
F. (d) Nothing in this Release 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 from doing so, unless specifically authorized by federal law; and
(e) He was informed that he has seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises his right of revocation, neither the Company nor Executive will have any obligations under this Agreement.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges that his waiver and agrees that by entering into this Release Agreement, Executive is waiving release hereunder of any and all rights or Claims that he may have arising under the Age Discrimination in Employment Act of 19671967 (ADEA), as amended (by the “ADEA”)Older Workers Benefit Protection Act, which have arisen on is knowing and voluntary. He certifies that he has read, has received an explanation of, and understands the provisions of this release of claims. The parties agree that this waiver and release does not apply to any rights or before claims that may arise under ADEA after the date of execution of this Release AgreementAgreement is executed. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby he has been advised in writing by this Release Agreement to writing, as required by the Older Workers Benefit Protection Act, that (a) he should consult with an attorney before signing prior to executing this Release Agreement;
C. Executive ; (b) he has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if (although he wished to may, by his own choice, execute this Release Agreement prior to expiration of such 21-day period, earlier); (c) he should execute the Endorsement attached hereto;
E. Executive was informed that he had has seven (7) days following the date of execution of this Release Agreement in which by him to revoke the Agreement; and (d) this Release AgreementAgreement shall not be effective until the Effective Date (which is after the revocation period has expired). The foregoing release does not apply to claims relating to breach or enforceability of this Agreement and Release, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right to file a complaint with a governmental agency, or claims arising after the execution of revocationthis Agreement and Release. However, neither with respect to agency complaints, Executive understands and agrees that he is expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the agency claim. This waiver and release is effective to the full extent the law permits him to release his individual claims. It does not affect accrued reimbursement rights he may currently possess under any health insurance coverage or accrued rights he may have under any retirement plan after termination. Through this release Executive is fully, finally, and for all times settling and releasing all disputes and differences within the scope of matters known or unknown, suspected or unsuspected, which now exist, or may have existed between Executive, the Company nor and/or Associated Persons, on or before the date of this Agreement and Release. In furtherance of this intention, this release shall be and remain in effect as a full and complete release of claims arising on or before the date of this Agreement and Release notwithstanding the discovery or existence of any such additional or different Claim or fact. The provisions of any law, regulation, statue or ordinance providing in substance that releases shall not extend to Claims, damages or injuries which are unknown or unsuspected to exist at the time the person executes the release are hereby expressly waived by Executive. This Agreement and Release is not intended to and does not release or reduce any indemnification rights possessed by Executive will have or any obligations under this Release Agreement;
F. Nothing in this Release Agreement prevents or precludes rights to insurance coverage afforded to Executive from challenging or seeking by virtue of his service as a determination in good faith director and/or officer of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal lawCompany.
Appears in 1 contract
Samples: Confidential Separation Agreement and Release of Claims (SCOLR Pharma, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [_________August 8, 20__] 2017, and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he should execute the Endorsement attached heretoreceived it;
E. Executive (d) He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, then neither the Company nor Executive will have any obligations obligation under this Release Agreement or under the Consulting Agreement;. Any notice of revocation should be sent by Executive in writing in accordance with the notice provisions set forth below in this Agreement so that it is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Separation and Release Agreement (Cti Biopharma Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that that, by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”)amended, which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. a. In return for this Release Agreement, the Executive Agreement he will receive consideration compensation beyond that which the Executive he already was already entitled to receive before entering into this Release Agreement;
B. Executive b. He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive c. He was given a copy of this Release Agreement on [_________August 2, 20__] 2019, and informed that (i) he had twenty one (21) 21 days within which to consider the Agreement; (ii) the 21-day period to consider this Release Agreement will not re-start or be extended if changes (whether material or immaterial) are made to this Agreement after the date it is first provided to Executive; (iii) Executive may waive the 21-day period; and that (iv) if he wished to execute Executive signs this Release Agreement prior to expiration before the end of such 21-day period, he should execute the Endorsement attached hereto;Executive acknowledges and agrees that Executive will have done so voluntarily and with full knowledge that Executive is waiving his right to have 21 days to consider this Agreement.
E. Executive d. He was informed that he had has seven (7) days following the date of execution of that Executive signs this Release Agreement in which to revoke this Release the Agreement, and that this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company RGP (delivered to Xxxxxx Xxxxxxxx) during the seven-day revocation period. In the event that Executive exercises Executive’s his right of revocation, neither the Company RGP nor Executive will have any obligations under this Release Agreement;.
F. e. This Agreement shall not be effective until the eighth day after Executive executes and does not revoke this Agreement.
f. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [_________, 20__] ], and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he should execute the Endorsement attached heretoreceived it;
E. Executive (d) He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement;. Any notice of revocation should be sent by Executive in writing to the Company (attention General Counsel), 0000 Xxxxx Xxxxxxx Xxxxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000, so that each is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive she is waiving any and all rights or Claims claims that he she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive she will receive consideration beyond that which the Executive she was already entitled to receive before entering into executing this Release Agreement;
B. Executive (b) She is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) She was given a copy of this Release Agreement on [_________, 20__] ], and informed that he she had twenty twenty-one (21) days within which to consider this Release Agreement and that if he she wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod she will have done so voluntarily and with full knowledge that she is waiving her right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, he should execute the Endorsement attached heretowhether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after she received it;
E. Executive (d) She was informed that he she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, neither the Company nor Executive will have any obligations obligation under this Release Agreement;. Any notice of revocation should be sent by Executive in writing to the Company (attention [_____________]), [Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Employment Agreement (Evolus, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Release Agreement. Executive further expressly acknowledges and agrees that:
A. (a) In return for this Release Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into executing this Release Agreement;
B. Executive (b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive (c) He was given a copy of this Release Agreement on [_________September 30, 20__] 2016, and informed that he had twenty twenty-one (21) days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to the expiration of such 21-day periodperiod he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Agreement; and that such twenty-one (21) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he should execute the Endorsement attached heretoreceived it;
E. Executive (d) He was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocationthis revocation right, then (1) neither the Company nor Executive will have any obligations obligation under this Release Agreement;, under the Separation Agreement, or under the Consulting Agreement, and (2) the Effective Date Option shall terminate and Executive shall have no further right with respect thereto or in respect thereof. Any notice of revocation should be sent by Executive in writing in accordance with the notice provisions set forth below in this Agreement so that it is received within the seven-day period following execution of this Agreement by Executive.
F. (e) Nothing in this Release 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 from for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Separation and Release Agreement (Cti Biopharma Corp)
ADEA Waiver. In exchange for material portions of the additional pay and benefits provided by the Separation Consideration under this Agreement and, in accordance with the Older Workers Benefit Protection Act, Executive expressly acknowledges and agrees that that, by entering into this Release Agreement, Executive he is knowingly and voluntarily waiving any and all rights and releasing all Claims and claims, known or Claims that he may have unknown, arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which that he may have arisen on otherwise had against the Employer or before any Released Party up to the date of execution Effective Date of this Release Agreement. Executive further also expressly acknowledges and agrees that:
A. In 8.1 in return for this Release Agreement, the Executive will receive consideration consideration, that is, something of value, beyond that to which the Executive he was already entitled to receive entitled, before entering into this Release Agreement;
B. 8.2 Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. 8.3 Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________, 20__] and is informed that he had twenty one has forty-five (2145) calendar days from the Presentment Date, to consider whether to sign and accept the terms of this Agreement and that, if he signs this Agreement prior to the forty-five (45)-day period, he will have done so voluntarily and with full knowledge that he is waiving his right to have forty-five (45) days within which to consider this Release Agreement and Agreement. Executive agrees that if he wished any modifications, material or otherwise, made to execute this Release Agreement prior to expiration of such 21-day period, he should execute the Endorsement attached hereto;
E. Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be not restart or affect in writing and must be received by any manner the Company during the sevenoriginal forty-five (45) calendar day revocation consideration period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;.
F. 8.4 Nothing in this Release 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 from doing so, unless specifically authorized by federal law.
8.5 Executive is informed that he has seven (7) days following the date that he signs this Agreement during which he may revoke it. This Agreement will become null and void if Executive elects revocation during that time. In the event that Executive fails to so notify the Employer, he will be deemed to have waived his right of revocation. If Executive exercises his right of revocation, neither the Employer nor Executive will have any obligations under this Agreement. Any revocation within this period must be submitted, in writing, to CalAmp and state, “I hereby revoke my acceptance of the Separation Agreement and General Release.” This revocation must be personally delivered to Xxxxx Xxxxxxx, or mailed to CalAmp, ATTN: Xxxxx Xxxxxxx, Senior Director of Human Resources, 00000 Xxxxx Xxxxxxx, Suite 250, Irvine, California 92618, and postmarked within seven (7) calendar days of execution of this Agreement or emailed to Xxxxx Xxxxxxx at xxxxxxxx@xxxxxx.xxx within seven (7) calendar days of execution of this Agreement. This Agreement will not become effective or enforceable until the revocation period has expired. If the last day of the revocation period is a Saturday, Sunday, or legal holiday in the state in which Executive was employed at the time of his last day of employment, then the revocation period will not expire until the next following day which is not a Saturday, Sunday, or legal holiday.
Appears in 1 contract
Samples: Separation Agreement (CalAmp Corp.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or Claims that he or she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before entering into this Release Agreement;
B. Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [_________[ , 20__20 ] and informed that he or she had [twenty one (21) 21)/forty five (45)] days within which to consider this Release Agreement and that if he or she wished to execute this Release Agreement prior to expiration of such [21-day day/45-day] period, he or she should execute the Endorsement attached hereto;
E. Executive was informed that he or she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s his or her right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing in this Release 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 from doing so, unless specifically authorized by federal law.law.2 ________________________ 2Whether the Executive has 21 days, 45 days, or some other period in which to consider the Release Agreement will be determined with reference to the requirements of the ADEA in order for such waiver to be valid in the circumstances. The determination referred to in the preceding sentence shall be made by the Company in its sole discretion. In any event, the Release Agreement will include the Executive’s acknowledgements and agreements set forth in clauses 4.A, 4.B, and 4.C.
Appears in 1 contract
Samples: Employment Agreement (Hcp, Inc.)
ADEA Waiver. Executive Employee expressly acknowledges and agrees that by entering into executing this Release AgreementRelease, Executive he is waiving any and all rights or Claims claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release AgreementRelease. Executive Employee further expressly acknowledges that in return and agrees that:
A. In : (i) in return for this Release and the consideration provided under the Agreement, the Executive he will receive consideration beyond that which the Executive he was already entitled to receive before entering into this Release and the Agreement;
B. Executive ; (ii) he is hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive Release; (iii) he was given a copy of this Release and the Agreement on [_________January 30, 20__] 2009 and informed that he had twenty twenty-one (21) days within which to consider this the Release Agreement and that if he wished to execute this Release Agreement prior to expiration of such 21twenty-day one (21)-day period, he should execute the Endorsement Acknowledgement and Waiver attached hereto;
E. Executive was informed that he had seven to as the Agreement as Appendix C; (7iv) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Executive’s right of revocation, neither the Company nor Executive will have any obligations under this Release Agreement;
F. Nothing nothing in this Release Agreement prevents or precludes Executive Employee 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 from doing so, unless specifically authorized by federal law; and (v) he was informed that he has seven (7) days following the date of execution of this Release in which to revoke this Release, and this Release will become null and void if Employee elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven (7)-day revocation period. In the event Employee exercises his right of revocation, neither the Company nor Employee will have any obligations under the Agreement.
Appears in 1 contract
Samples: Separation Agreement (Broadcom Corp)