ADEA Waiver. Employee expressly acknowledges and agrees that by entering into this Release, he 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”), 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 claims that may arise under the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and agrees that: (a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release; (b) He is hereby advised in writing by this Release to consult with an attorney before signing this Release; (c) He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 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 to consider this Release; and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it; (d) He was informed that he had 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-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employee. (e) Nothing in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: General Release (Sphere 3D Corp)
ADEA Waiver. Employee expressly acknowledges that Employee is knowingly and agrees that by entering into this Release, he is voluntarily waiving and releasing any and all rights or claims that he Employee may have arising under the Age Discrimination in Employment Act of 1967ADEA, as amended amended. Employee also acknowledges that
(i) the “ADEA”), and that this consideration given to Employee in exchange for the waiver and release in this Agreement is knowing in addition to anything of value to which Employee was already entitled, and voluntary(ii) that Employee has been paid for all time worked, have received all the leave, leaves of absence and leave benefits and protections for which Employee is eligible. Employee and the Company agree further acknowledges that Employee has been advised by this writing that: (a) Employee’s waiver and release does do not apply to any rights or claims that may arise under the ADEA after the execution date Employee signs of this Release. Employee further expressly acknowledges and agrees that:
(a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
Agreement; (b) He is Employee has been advised hereby advised in writing by this Release that Employee has the right to consult with an attorney before signing prior to executing this Release;
Agreement; (c) He was given a copy of this Release on December 3, 2018, and informed that he had twentyEmployee has forty-one five (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (2145) days to consider this ReleaseAgreement (although Employee may choose to voluntarily execute this Agreement earlier and, if Employee does, Employee will sign the Consideration Period waiver below); and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had Employee has seven (7) days following the date of Employee’s execution of this Release in which Agreement to revoke this Release, and this Release will become null and void if Employee elects revocation during that time. Any revocation must be the Agreement in writing and must be received by the Company during the seven-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing actually delivered to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employee.
Xxxxx Xxxxxx at ChannelAdvisor; and (e) Nothing in this Release prevents or precludes Agreement shall not be effective until the date upon which the revocation period has expired unexercised, which shall be the eighth day after this Agreement is executed by 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 for doing so, unless specifically authorized by federal law“Effective Date”).
Appears in 1 contract
ADEA Waiver. Employee expressly acknowledges You acknowledge that Your waiver and agrees that by entering into this Release, he is waiving release hereunder of any and all rights or claims that he You may have arising under the Age Discrimination in Employment Act of 19671967 (ADEA), as amended (by the “ADEA”)Older Workers Benefit Protection Act, and that this waiver and release is knowing and voluntary. Employee You certify that You have read and understand the provisions of this release of Claims. You and the Company agree that this waiver and release does not apply to any rights or claims Claims that may arise under the ADEA after the date Employee signs this ReleaseSeparation Agreement is executed. Employee further expressly acknowledges You acknowledge that the severance benefits provided in this Separation Agreement are specifically linked to Your ADEA Claim release and agrees that:
that You would not receive the same benefits absent Your agreement to provide such a release. You acknowledge that You have been advised by this writing, as required by the Older Workers Benefit Protection Ac that (a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
(b) He is hereby advised in writing by this Release to You should consult with an attorney before signing this Release;
(c) He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to executing this Separation Agreement; (b) You have twenty-one (21) days to consider this ReleaseSeparation Agreement (although You may, by Your own choice, execute this Separation Agreement earlier); (c) You have seven (7) days following the execution of this Separation Agreement by You to revoke the Separation Agreement; and that such twenty-one (21d) day period to consider this Release would not and will Separation Agreement shall not be re-started or extended based effective until the Effective Date . If You wish to revoke the Separation Agreement, You must send written notice of Your revocation to the attention of Xxxxxxx Xxxxxx or, if he is not employed by the Company at the time, the individual in his position at the time, to be received within seven (7) days following Your signature on any this Separation Agreement. You agree with the Company that changes, whether material or immaterial, do not restart the running of the 21 day consideration period. The only Claims excluded from this release are (a) Claims relating to breach or enforceability of this Separation Agreement, (b) Claims for indemnity under the Company’s Bylaws or Certificate of Incorporation as provided for by Delaware law or under any applicable insurance policy with respect to Your liability as an employee or officer of the Company, (c) Claims that are or were made to this Release in such twenty-one (21) day period after he received it;
cannot be released under applicable law, and (d) He was informed Your right to file a complaint, charge or other action with a governmental agency. With regard to governmental agency complaints, however, You understand and agree that he had seven (7) days following unless prohibited by law, You are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the date agency Claim. Notwithstanding the foregoing, nothing herein shall prevent You from receiving an award pursuant to any state or federal statute regarding whistleblowing, including but not limited to Section 21F of execution the Securities Exchange Act of this Release in which to revoke this Release, 1934 and this Release will become null Section 806 of the Xxxxxxxx-Xxxxx Act of 2002. This waiver 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 this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing release is effective to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email full extent the law permits You to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employeerelease Your individual claims. It does not affect reimbursement rights You may currently possess under any health insurance coverage or accrued rights You may have under any retirement or welfare plan after termination.
(e) Nothing in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Employee expressly acknowledges and agrees The Executive understands that by entering into this Release, he is waiving any and all his rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), 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 claims that may arise under the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and agrees thatthus:
(a) In return for The Executive has been informed and understands and agrees that he has had at least [twenty-one (21)/in the event of a “group termination,” forty-five (45)] calendar days after receipt of this Release to consider whether to sign it.
(b) The Executive has been informed and understands and agrees that he may revoke this Release at any time during the seven (7) calendar days after this Release is signed and returned to the Company. The Executive acknowledges and agrees that if he wishes to revoke this Release, he will receive consideration beyond must do so in writing, and that which such revocation must be signed by the Executive and received by the Company pursuant to Section 11 of the Change in Control Severance Agreement, no later than the seventh (7th) day after the Executive has signed and returned the Release. The Executive acknowledges and agrees that, in the event the Executive revokes the Release, he was already entitled shall have no right to receive before executing the Severance Payments provided in Section 6.1 of the Change in Control Severance Agreement.
(c) The Executive acknowledges and agrees that prior to signing this Release;, he read and understood each and every provision of this Release.
(bd) He The Executive acknowledges and agrees that he is hereby advised in this writing by this Release to consult with an attorney before signing this Release;
(c) He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to his choice concerning the expiration legal consequences of such 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 to consider this Release; and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had 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 the Executive hereby acknowledges 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 this revocation right, neither the Company nor Employee will have any obligation under prior to signing this Release. Any notice , he had the opportunity to consult with an attorney of revocation should be sent by Employee in writing to his choosing regarding the Company’s Board effect of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution each and every provision of this Release by EmployeeRelease.
(e) Nothing in The Executive acknowledges and agrees that he knowingly and voluntarily entered into this Release prevents with complete understanding of all relevant facts, and that he was neither fraudulently induced nor coerced to enter into this Release.
(f) The Executive understands that he is not waiving, releasing or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver otherwise discharging any claims under the ADEAADEA that may arise after the date he signs this Release.
(g) [In the event of a “group termination”: The Executive acknowledges that he received the attached additional disclosures relating to a group termination program, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized as specified by federal lawthe OWBPA.]
Appears in 1 contract
Samples: Change in Control Severance Agreement (Bureau of National Affairs Inc)
ADEA Waiver. Employee expressly acknowledges You acknowledge that your waiver and agrees that by entering into this Release, he is waiving release hereunder of any and all rights or claims that he you may have arising under the Age Discrimination in Employment Act of 19671967 (ADEA), as amended (by the “ADEA”)Older Workers Benefit Protection Act, and that this waiver and release is knowing and voluntary. Employee You certify that you have read and understand the provisions of this release of claims. You and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee signs this ReleaseSeparation Agreement is executed. Employee further expressly acknowledges You acknowledge that the severance benefits provided in this Separation Agreement are specifically linked to your ADEA claim release and agrees that:
that you would not receive the same benefits absent your agreement to provide such a release. You acknowledge that you have been advised by this writing, as required by the Older Workers Benefit Protection Act, that (a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
(b) He is hereby advised in writing by this Release to you should consult with an attorney before signing this Release;
(c) He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to executing this Separation Agreement; (b) you have twenty-one (21) days to consider this ReleaseSeparation Agreement (although you may, by your own choice, execute this Separation Agreement earlier); and that such twenty-one (21c) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had you have seven (7) days following the date of execution of this Release in which Separation Agreement by you to revoke the Separation Agreement; and (d) this ReleaseSeparation Agreement shall not be effective until the date upon which this revocation period has expired. If you wish to revoke the Separation Agreement, and this Release will become null and void if Employee elects you must send written notice of your revocation during that time. Any revocation must be in writing and must to the attention of , to be received by within seven (7) days following your signature on this Separation Agreement. Separation Agreement Exhibit A The only Claims excluded from this release are claims relating to breach or enforceability of this Separation Agreement and your right to file a complaint, charge or other action with a governmental agency. With regard to governmental agency complaints, however, you understand and agree that you are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the Company during the seven-day revocation periodagency claim. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing This waiver and release is effective to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email full extent the law permits you to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employeerelease your individual claims. It does not affect reimbursement rights you may currently possess under any health insurance coverage or accrued rights you may have under any retirement plan after termination.
(e) Nothing in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Employee Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he 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”), and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee Executive signs this ReleaseAgreement. Employee Executive further expressly acknowledges and agrees that:
(a) In return for this ReleaseAgreement, he Executive will receive consideration beyond that which he was already entitled to receive before executing this ReleaseAgreement;
(b) He Executive is hereby xxxxxx advised in writing by this Release Agreement to consult with an attorney before signing this ReleaseAgreement;
(c) He Executive was given a copy of this Release Agreement on December 3[_________, 2018202__], and informed that he or she had [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 [21]-day period he or she will have done so voluntarily and with full knowledge that he Executive is waiving his or her right to have [twenty-one (21) )] days to consider this ReleaseAgreement; and that such [twenty-one (21) )] day period to consider this Release 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 Release Agreement in such [twenty-one (21) )] day period after he Executive received it;
(d) He Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this ReleaseAgreement, and this Release Agreement will become null and void if Employee 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 Employee Executive exercises this revocation right, neither the Company nor Employee Executive will have any obligation under this ReleaseAgreement. Any notice of revocation should be sent by Employee Executive in writing to the Company’s Board of Directors Company (attention Xxx Xxxxxxxxx[_____________]), lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx)[Address], so that it is received within the seven-day period following execution of this Release Agreement by EmployeeExecutive.
(e) Nothing in this Release Agreement prevents or precludes Employee Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Employee expressly acknowledges The Executive has read this Release carefully and agrees that by entering into this Release, he 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”), 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 claims that may arise under the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and agrees that:
: (a) In in return for this Release, he the Executive will receive consideration beyond that which he was already entitled to receive before executing entering into this Release;
; (b) He is hereby advised in writing by this Release to consult with an attorney before signing this Release;
(c) He the Executive was given a copy of this Release on December 3[ , 2018, 20 ] and informed that he had at least twenty-one (21) days within which to consider this Release all of its terms and that if he the Executive wished to execute this Release prior to the expiration of such 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 to consider this Release; , and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
; (c) the Executive is 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) He was informed the Executive fully understands that he had seven 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 and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (7) days following “ADEA”), which have arisen on or before 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-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employee.
(e) Nothing nothing in this Release prevents or precludes Employee 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 for 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 1 contract
ADEA Waiver. Employee expressly acknowledges The Executive has read this Release carefully and agrees that by entering into this Release, he 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”), 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 claims that may arise under the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and agrees that:
: (a) In in return for this Release, he the Executive will receive consideration beyond that which he was already entitled to receive before executing entering into this Release;
; (b) He is hereby advised in writing by this Release to consult with an attorney before signing this Release;
(c) He the Executive was given a copy of this Release on December 313, 2018, 2023 and informed that he had at least twenty-one (21) days within which to consider this Release all of its terms and that if he the Executive wished to execute this Release prior to the expiration of such 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 to consider this Release; , and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
; (c) the Executive is 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) He was informed the Executive fully understands that he had seven by signing below the Executive is voluntarily giving up any right which the Executive may have to sue or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (7) days following “ADEA”), which have arisen on or before 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-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employee.
(e) Nothing nothing in this Release prevents or precludes Employee 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 for 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 1 contract
ADEA Waiver. Employee expressly acknowledges and agrees that that, by entering into this ReleaseAgreement, he [he/she] is waiving any and all rights or claims that he [he/she] may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”)amended, 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 which have arisen on or claims that may arise under the ADEA after before the date Employee signs of execution of this ReleaseAgreement. Employee further expressly acknowledges and agrees that:
(a) a. In return for this Release, he Agreement [he/she] will receive consideration compensation beyond that which he [he/she] already was already entitled to receive before executing entering into this ReleaseAgreement;
(b) He b. [He/She] is hereby advised in writing by this Release Agreement to consult with an attorney before signing this ReleaseAgreement;
(c) He c. [He/She] was given a copy of this Release Agreement on December 3___________, 2018200_, and informed that he (i) [he/she] 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 Employee; (iii) Employee may waive the 21-day period; and that (iv) if he wished to execute Employee signs this Release prior to Agreement before the expiration end of such 21-day period he period, Employee acknowledges and agrees that Employee will have done so voluntarily and with full knowledge that he Employee is waiving his [his/her] right to have twenty-one (21) 21 days to consider this Release; and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;Agreement.
(d) He d. [He/She] was informed that he had [he/she] has seven (7) days following the date of execution of that Employee signs this Release Agreement in which to revoke this Releasethe Agreement, and that this Release 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 RGP (delivered to [insert name of ER Director]) during the seven-day revocation period. In the event that Employee exercises this revocation right[his/her] right of revocation, neither the Company RGP nor Employee will have any obligation obligations under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by EmployeeAgreement.
(e) e. Nothing in this Release Agreement prevents or precludes 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 for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Employee expressly acknowledges In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised that this AGREEMENT includes a release and agrees that by entering into this Release, he is waiving any and all rights or waiver of claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), 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 claims that may arise under the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and EMPLOYEE agrees thatas follows:
(a) In return for this ReleaseThis AGREEMENT is written in a manner calculated to be understood by EMPLOYEE, he will receive consideration beyond that which he was already entitled to receive before executing this Releaseand EMPLOYEE understands it;
(b) He This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is hereby advised in writing already entitled to receive;
(c) EMPLOYEE has twenty-one (21) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the twenty- one (21) day period; 6 Confidential General Release and Separation Agreement —Xxxxxxxx
(d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired;
(e) EMPLOYEE has the right to consult with an attorney before signing this Release;Agreement and, to the extent desired, EMPLOYEE has done so; and
(cf) He was given a copy of this Release on December 3, 2018, and informed EMPLOYEE does not waive rights or claims under the ADEA that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 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 to consider this Release; and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period may arise after he received it;
(d) He was informed that he had seven (7) days following the date of execution of this Release in which Agreement is executed. If EMPLOYEE wishes to revoke this ReleaseAGREEMENT, and this Release will become null and void if Employee elects revocation during that time. Any revocation EMPLOYEE must be in writing and must be received by the Company during the seven-day revocation period. In the event that Employee exercises this revocation rightdeliver written notice via email, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing stating EMPLOYEE’S intent to the Company’s Board of Directors (attention Xxx revoke to Xxxxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within E-mail address: xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seven-seventh (7Ih) day period following execution of after the date on which you sign this Release by EmployeeAGREEMENT.
(e) Nothing in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: General Release and Separation Agreement (Farmer Brothers Co)
ADEA Waiver. Employee expressly acknowledges In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised that this AGREEMENT includes a release and agrees that by entering into this Release, he is waiving any and all rights or waiver of claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”)Act, 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 claims that may arise under the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and EMPLOYEE agrees thatas follows:
(a) In return for this ReleaseThis AGREEMENT is written in a manner calculated to be understood by EMPLOYEE, he will receive consideration beyond that which he was already entitled to receive before executing this Releaseand EMPLOYEE understands it;
(b) He This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive;
(c) EMPLOYEE is hereby advised in writing by this Release to consult with an attorney before signing this ReleaseAGREEMENT;
(cd) He was given a copy of this Release on December 3, 2018, and informed that he had EMPLOYEE has twenty-one (21) days within which days, from the date EMPLOYEE receives this Agreement, to consider this Release and that if he wished to execute AGREEMENT. If EMPLOYEE signs this Release prior to Agreement before the expiration of such 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 to consider this Release; and that such the twenty-one (21) day period period, EMPLOYEE hereby waives the remainder of that period. EMPLOYEE agrees that any changes or amendments to consider this Release would AGREEMENT, whether or not and material, will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Release in such restart the twenty-one (21) day period after he received itperiod;
(de) He was informed that he had EMPLOYEE has seven (7) days following the date of execution of after signing this Release in which AGREEMENT to revoke this ReleaseAGREEMENT, and this Release AGREEMENT will become null not be effective, and void if Employee elects EMPLOYEE will not receive any of the separation benefits, until that revocation during that time. Any revocation period has expired; and If EMPLOYEE wishes to revoke this AGREEMENT, EMPLOYEE must be in writing and must be received by the deliver written notice via hand-delivery or email, stating EMPLOYEE’s intent to revoke to Xxx Xxxxxx, General Counsel, Xxxxxx Bros. Company during the seven-day revocation period. In the event that Employee exercises this revocation right0000 Xxxxxx Xxxxxxxx Drive, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors Northlake, Texas 76262 (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxxxxxxxxx@xxxxxxxxxx.xxx), so that it is received within on or before 5:00 p.m. on the seven-seventh (7th) day period following execution of after the date on which you sign this Release by EmployeeAGREEMENT.
(e) Nothing in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Confidential General Release and Separation Agreement (Farmer Brothers Co)
ADEA Waiver. Employee expressly acknowledges that he has carefully read and agrees that by entering into fully understands the provisions of this Release, he is waiving paragraph. Employee understands and acknowledges that: (a) the preceding paragraph includes a voluntary waiver of any and all rights or claims that he Employee has or may have against the ARTISTdirect and/or the other persons and entities released herein arising under the federal Age Discrimination in Employment Act of 1967, as amended 29 U.S.C. Section 621, et seq. (the “ADEA”"ADEA Claims"), 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 claims that may arise under the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and agrees that:
(a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
; (b) He Employee has waived any and all ADEA Claims pursuant to this Agreement and in exchange for consideration, the value of which exceeds the payments or remuneration to which Employee was already entitled; (c) Employee has been, and is hereby hereby, advised in writing by this Release to consult with an attorney before signing concerning this Release;
(c) He was given a copy of paragraph prior to executing this Release on December 3, 2018Agreement, and Employee has retained an attorney to provide him with legal advice concerning this Agreement; (d) Employee has been, and is hereby, informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration has a period of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have at least twenty-one (21) days to consider the terms of this Release; Agreement from the date on which the ARTISTdirect delivers the Agreement to him and if he executes this Agreement prior to that such time he expressly and voluntarily waives the foregoing twenty-one (21) day period to consider period; and (e) Employee may revoke this Release would not paragraph and will not be re-started or extended based on the release of ADEA Claims under this Agreement at any changes, whether material or immaterial, that are or were made to this Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had time during the seven (7) days following the date of Employee's execution of this Release in which to Agreement, and the release of ADEA Claims under this Agreement shall not become effective or enforceable until such revocation period leave has expired. To revoke this Releaseparagraph and the release of ADEA Claims, and this Release will become null and void if Employee elects must deliver a written notice of revocation during that time. Any revocation must be in writing and must be received by to Xxxx X. Xxxxx, Esq., Xxxxxx, Xxxxxxx & Xxxxx LLP, 0000 Xxxxxxx Xxxxxx, Suite 1100, Los Angeles, CA 90024, within the Company during the seven-seven (7) day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employee.
(e) Nothing in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Termination Agreement and Mutual General Release (Artistdirect Inc)
ADEA Waiver. Employee Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he 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”), and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee Executive signs this ReleaseAgreement. Employee Executive further expressly acknowledges and agrees that:
(a) In return for this ReleaseAgreement, he will receive consideration beyond that which he was already entitled to receive before executing this ReleaseAgreement;
(b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this ReleaseAgreement;
(c) He was given a copy of this Release Agreement on December 3, 2018the Effective Date, 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 the expiration of such 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 to consider this ReleaseAgreement; and that such twenty-one (21) day period to consider this Release 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 Release Agreement in such twenty-one (21) day period after he 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 ReleaseAgreement, and this Release Agreement will become null and void if Employee 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 Employee Executive exercises this revocation right, neither the Company nor Employee Executive will have any obligation under this ReleaseAgreement. Any notice of revocation should be sent by Employee Executive in writing to the Company’s Board of Directors Company (attention General Counsel), 1444 Souxx Xxxxxxx Xxxxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000, xxx xxth a copy (which shall not constitute notice) to Jeffrey X. Xxxxxxxxx, lead directorXxx., by email to xxx.xxxxxxxxx@xxxxx.xxx)O’Melveny & Myers LLX, so that it 000 Newpxxx Xxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx Xxxxx, XX 00000, xx xxxt each is received within the seven-day period following execution of this Release Agreement by EmployeeExecutive.
(e) Nothing in this Release Agreement prevents or precludes Employee Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. The Employee expressly acknowledges and agrees that by entering into this Release, he the Employee is hereby waiving and releasing any and all age claims or rights or claims that he the Employee may have arising under the Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”), as amended by the Older Workers’ Benefit Protection Act of 1990, 29 U.S.C. §§ 621 et seq. This Section and this Agreement are written in a manner calculated to be understood by the Employee. In connection with this ADEA release, the Employee agrees that the Employee is hereby entering into this waiver and release is knowing knowingly and voluntary. Employee voluntarily, and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date the Employee signs executes this ReleaseAgreement. The Employee further expressly acknowledges and agrees that the consideration given for the release of the ADEA claims is in addition to anything of value to which the Employee was already entitled. Finally, the Employee acknowledges that the Employee has been advised by this writing that:
: (a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
(b) He is hereby advised in writing by this Release to the Employee should consult with an attorney prior to executing this Agreement; (b) the Employee has had at least forty-five (45) days from receipt of this Agreement to consider whether to execute it and release any age claim under the ADEA. If the Employee chooses to execute this Agreement before signing this Release;
the 45-day period has elapsed, the Employee does so knowingly and voluntarily; (c) He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 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 to consider this Release; and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had Employee has seven (7) days following the date of Employee’s execution of this Release in which Agreement 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 the Employee’s signature by the Company during the seven-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any providing written notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received this fact within the seven7-day period to Employer; such written notice to be delivered by overnight courier to Employer at the following execution of this Release by Employee.
(e) Nothing in this Release prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEAaddress: Pacific Mercantile Bancorp 000 Xxxxx Xxxxx Xxxxx, nor does it impose any condition precedentXxxxx 000 Xxxxx Xxxx, penalties or costs for doing so, unless specifically authorized by federal law.XX 00000 Attention: Chief Financial Officer SMRH:4838-6792-2589.6 -3-
Appears in 1 contract
ADEA Waiver. Employee expressly acknowledges I acknowledge that I am knowingly and agrees that by entering into this Release, he is voluntarily waiving and releasing any and all rights or claims that he I may have arising under the Age Discrimination in Employment Act of 1967, as amended ADEA (the “ADEAADEA Waiver”), and that the consideration given for this waiver and release ADEA Waiver is knowing and voluntaryin addition to anything of value to which I am already entitled. Employee and I further acknowledge that I have been advised, as required by the Company agree that this waiver and release ADEA, that: (a) my ADEA Waiver does not apply to any rights or claims that may arise under the ADEA after the date Employee signs that I sign this Additional General Release. Employee further expressly acknowledges and agrees that:
(a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
; (b) He is hereby advised in writing by this Release to I should consult with an attorney before prior to signing this Additional General Release;
; (c) He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to I have twenty-one (21) calendar days to consider this ReleaseAdditional General Release (although I may choose voluntarily to sign it earlier); and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had I have seven (7) calendar days following the date of execution of I sign this Additional General 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 my acceptance (by the Company during the seven-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any providing written notice of my revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxxChief Executive Officer), so that it is received within the seven-day period following execution of this Release by Employee.
; and (e) Nothing this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Release prevents or precludes Employee from challenging or seeking a determination in good faith Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the validity California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of this waiver executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal lawrelease of unknown and unsuspected claims.
Appears in 1 contract
ADEA Waiver. (a) Employee expressly acknowledges that Employee is knowingly and agrees voluntarily waiving and releasing any rights that by entering into this Release, he is waiving any and all rights or claims that he Employee may have arising under the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and that this waiver and release is knowing and voluntary. Employee also acknowledges that the consideration given for the waivers and releases in this Agreement is in addition to anything of value to which Employee was already entitled. Employee further acknowledges that Employee has been advised by this writing, as required by the Company agree that this ADEA, that:
(1). Employee’s waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee signs that this Release. Employee further expressly acknowledges and agrees that:
(a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this ReleaseAgreement is executed by Employee;
(b) He is hereby advised in writing by this Release 2). Employee’s waiver specifically waives all of Employee’s rights or claims arising under the ADEA;
(3). Employee has the right to consult with an attorney before signing prior to executing this ReleaseAgreement, and accordingly Employee is advised to consult with an attorney prior to executing this Agreement;
(c4). If a dispute arises over whether the requirements for a valid waiver under the ADEA are met by this Agreement, then the party asserting the validity of the waiver bears the burden of proving its validity;
(5). Employee is waiving Employee’s rights or claims under the ADEA in exchange for consideration that is in addition to anything of value to which Employee is already entitled;
(6). Employee has [twenty one (21)] [forty five (45)] calendar days to consider this Agreement (the “Consideration Period”) He was given a copy although Employee may choose to voluntarily execute this Agreement earlier;
(7). If Employee signs this Agreement prior to the expiration of this Release on December 3, 2018, and informed that he had the [twenty-one (21) days within which to consider this Release )] [forty five (45)] day period, Employee waives the remainder of that period; and that if he wished to execute this Release prior to Employee waives the expiration restarting of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have the [twenty-one (21) days to consider this Release; and that such twenty-one )] [forty five (21) 45)] day period to consider this Release would not and will not be re-started or extended based on in the event of any changesmodification of the Agreement, whether material or immaterial, that are or were made to this Release in such twenty-one (21) day period after he received itnot material;
(d) He was informed that he had 8). Employee has seven (7) calendar days following the date of execution of this Release Agreement 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 Agreement (the seven-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx“Revocation Period”), so that it is received within the seven-day period following execution of this Release by Employee.
(e) Nothing in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal law.; and
Appears in 1 contract
ADEA Waiver. Employee expressly acknowledges In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised that this AGREEMENT includes a release and agrees that by entering into this Release, he is waiving any and all rights or waiver of claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), 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 claims that may arise under the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and EMPLOYEE agrees thatas follows:
(a) In return for this ReleaseThis AGREEMENT is written in a manner calculated to be understood by EMPLOYEE, he will receive consideration beyond that which he was already entitled to receive before executing this Releaseand EMPLOYEE understands it;
(b) He This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is hereby advised in writing already entitled to receive;
(c) EMPLOYEE has forty-five (45) days prior to the execution of the AGREEMENT, and is choosing to waive this right by signing this Release AGREEMENT. EMPLOYEE agrees that any changes or amendments to this AGREEMENT, whether or not material, will not restart the forty-five (45) day period;
(d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired;
(e) EMPLOYEE has the right to consult with an attorney before signing this Release;Agreement and, to the extent desired, EMPLOYEE has done so; and
(cf) He was given a copy of this Release on December 3, 2018, and informed EMPLOYEE does not waive rights or claims under the ADEA that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 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 to consider this Release; and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period may arise after he received it;
(d) He was informed that he had seven (7) days following the date of execution of this Release in which Agreement is executed. If EMPLOYEE wishes to revoke this ReleaseAGREEMENT, EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the seventh (7Ih) day after the date on which you sign this AGREEMENT. 6 Xxxxxxx Xxxxxxx - General 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-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employee.
(e) Nothing in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal law.Separation Agreement
Appears in 1 contract
Samples: General Release and Separation Agreement (Farmer Brothers Co)
ADEA Waiver. Employee expressly acknowledges In exchange for the Accelerated Vesting, the Extended Exercise Period, and agrees that all other consideration provided to you by entering into the Company under this ReleaseAgreement, he is waiving other than the Severance Benefits and COBRA Premium payments (or Alternative Cash Payments) (collectively, the “ADEA Waiver Consideration”), you hereby release the Released Parties of and from, any and all rights claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to any claims that he may have arising you could assert under the Age Discrimination in Employment Act of 1967, as amended ADEA (the “ADEAADEA Waiver”). You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you have under the ADEA, that the ADEA Waiver Consideration is being given in consideration for the ADEA Waiver, and that this waiver and release such consideration is knowing and voluntaryin addition to anything of value to which you were already entitled. Employee and You further acknowledge that you have been advised, as required by the Company agree that this waiver and release ADEA, that: (i) the ADEA Waiver does not apply to any rights or claims that may arise under the ADEA after the date Employee signs you sign this Release. Employee further expressly acknowledges and agrees that:
Agreement; (aii) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
(b) He is hereby advised in writing by this Release to you should consult with an attorney before prior to signing this Release;
Agreement (calthough you may choose voluntarily not to do so); (iii) He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to you have twenty-one (21) days to consider this ReleaseAgreement (although you may choose voluntarily to sign it earlier); and that such twenty-one (21iv) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had you have seven (7) days following the date of execution of you sign this Release in which Agreement to revoke this Release, and this Release will become null and void if Employee elects the ADEA Waiver (in a written 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 this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing provided to the Company’s Board CEO); and (v) the ADEA Waiver will not be effective until the date upon which the revocation period has expired, which will be the eighth day after you sign this Agreement, provided that you have not timely revoked it (the “ADEA Waiver Effective Date”). You acknowledge and agree that, in the event you revoke the ADEA Waiver, you will not be entitled to the ADEA Waiver Consideration; and such revocation will not affect the validity or effectiveness of Directors (attention Xxx Xxxxxxxxxthe general release that you are granting in Sections 15(a)-15(c) hereof, lead director, by email nor shall it invalidate your entitlement to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employee.
(e) Nothing separate consideration expressly attributed thereto in this Release prevents Agreement. In granting this ADEA Waiver, you hereby covenant not to file any lawsuits, administrative proceedings, charges or precludes Employee from challenging other claims arising out of or seeking a determination in good faith of the validity of this waiver any way related to any claims you could have otherwise asserted under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Separation and Release Agreement (Newlink Genetics Corp)
ADEA Waiver. Employee expressly (a) Executive acknowledges and agrees that by entering into this Release, he is knowingly and voluntarily 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 (ADEA and/or OWBPA. He also acknowledges that the “ADEA”), and that this consideration given for the waiver and release in this Agreement is knowing and voluntaryin addition to anything of value to which he was already entitled. Employee and Executive further acknowledges that he has been advised by this writing, as required by the Company agree that this ADEA and/or OWBPA, that: (a) his ADEA/OWBPA waiver and release does do not apply to any rights or claims that may arise under the ADEA after the execution date Employee signs of this Release. Employee further expressly acknowledges and agrees that:
(a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
Agreement; (b) He is he has been advised hereby advised in writing by this Release that he has the right to consult with an attorney before signing prior to executing this Release;
Agreement; (c) He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have has twenty-one (21) days to consider this ReleaseAgreement (although he may choose to voluntarily execute this Agreement earlier); and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had has seven (7) days following the date of execution of this Release in which Agreement by the parties to revoke ADEA/OWBPA waiver and release; and (e) ADEA/OWBPA waiver and release will not be effective until the date upon which the revocation period has expired, which will be the eighth day after this ReleaseAgreement is executed by Executive.
(b) As part of the claims being waived hereunder, Executive is releasing any and all legal rights or claims under the ADEA and/or OWBPA, whether those claims are presently known or hereafter discovered. With respect to these ADEA/OWBPA claims (and only these claims), Executive shall be entitled to revoke his release within seven (7) days of his signing this Agreement by delivering a written notice of such revocation to the Company at the address provided in Section 10, by (i) nationally-recognized overnight courier, or (ii) electronic mail. If Executive revokes his release of claims under the ADEA and/or OWBPA within seven (7) days of signing this Agreement, then (w) Executive’s release of claims arising under the ADEA and/or OWBPA shall be null and void, (x) the remainder of Executive’s obligations, promises, and covenants arising under this Release will become Agreement, including but not limited to Executive’s resignation, termination of the Employment Agreement and his release of claims arising under the Employment Agreement and under all other federal, state, local, and foreign laws shall remain in full force and effect, (y) all of the Company’s obligations, promises, and covenants under this Agreement shall remain in full force and effect except that their obligations under Sections 2.2 and 2.3 shall be null and void if Employee elects revocation during that time. Any revocation must be and of no further force or effect, and (z) in writing and must be received by the Company during the seven-day revocation period. In the event that Employee exercises this revocation rightthat, neither the Company nor Employee will have any obligation under this Release. Any prior to delivering his written notice of revocation should be sent by Employee in writing revocation, any other interests or amounts have been paid or provided to Executive pursuant to Sections 2.2 and 2.3, Executive shall immediately repay such amounts to the Company’s Board . If Executive signs this Agreement and does not revoke his release of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employee.
(e) Nothing in this Release prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver claims arising under the ADEAADEA and/or OWBPA within seven (7) days of signing it, nor does it impose any condition precedentthen the release of such claims shall become binding, penalties or costs for doing soeffective, unless specifically authorized by federal lawand irrevocable on the eighth (8th) day after this Agreement is fully executed.
Appears in 1 contract
ADEA Waiver. Employee further expressly understands and acknowledges and agrees that by entering into this Release, he Employee is waiving and releasing any and all rights or claims that he Employee may have arising under the Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”), and that this waiver and release is knowing and voluntary. Employee understands and the Company agree agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee signs executes this Supplemental Release. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further expressly understands and acknowledges and agrees that Employee has been advised by this writing that:
: (a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
(b) He is hereby advised in writing by this Release to Employee should consult with an attorney before signing prior to executing this Supplemental Release;
; (cb) He was given a copy of this Release on December 3, 2018, and informed that he had Employee has twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to Supplemental Release, by which time the expiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one Company must receive an executed copy; (21c) days to consider this Release; and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had Employee has seven (7) days following the date of Employee’s execution of this Supplemental Release in which to revoke this Supplemental Release, and this Release will become null and void if Employee 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 Xxxxxxx XxXxx by midnight on the Company during the seven-seventh (7th) day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Companyfollowing Employee’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Supplemental Release; (d) this Supplemental Release by Employee.
shall not be effective until after the revocation period has expired; and (e) Nothing nothing in this Supplemental Release prevents or precludes 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 for doing so, unless specifically authorized by federal law. In the event Employee signs this Supplemental Release and returns it to the Company in less than the twenty-one (21)-day period identified above, Employee hereby acknowledges that Employee has freely and voluntarily chosen to waive the time period allotted for considering this Supplemental Release. Employee understands and agrees that Employee 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 Employee’s claims against the Releasees.
Appears in 1 contract
ADEA Waiver. Employee expressly acknowledges and agrees that by entering into this Release, he she is waiving any and all rights or releasing claims that he may have arising under the Age Discrimination in Employment Act of 1967Act, as amended by the Older Workers’ Benefit Protection Act (the “ADEA”), and . Employee acknowledges that the consideration given for this waiver and release is knowing and voluntary. in addition to anything of value to which Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee signs this Releasewas already entitled. Employee further expressly acknowledges and agrees that Employee has been advised by this Agreement that:
(a) In return for a. Employee has carefully read and fully understands the terms of this Release, he will receive consideration beyond that which he was already entitled to receive before executing this ReleaseAgreement;
(b) He b. Employee is hereby advised in writing by this Release to consult with an attorney before signing this ReleaseAgreement;
(c) He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have c. Employee has at least twenty-one (21) days to consider this Release; and Agreement;
d. Employee agrees that such any change to the release contained in Section 3, whether material or immaterial, will not restart the twenty-one (21) day period review period;
e. Employee has taken time to consider whether to sign this Release would not Agreement and will not be re-started or extended based on any changeshas chosen to sign this Agreement freely, whether material or immaterialknowingly, that are or were made to this Release in such twenty-one (21) day period after he received itand voluntarily;
(d) He was informed that he had f. Employee has up to seven (7) days following the date of execution of this Release in which Agreement to revoke this ReleaseAgreement;
g. Employee may revoke this Agreement by delivering a written revocation to Rxx Xxxxx, and this Release will become null and void if Chief Legal Officer, EyePoint Pharmaceuticals US, Inc., Suite C400, 400 Xxxxxxxx Xxxxxx, Xxxxxxxxx, XX 00000, via email to rxxxxx@xxxxxxxxxxxxxx.xxx. The revocation may also be personally delivered or sent to Rxx Xxxxx via overnight courier before the end of the seven (7) day period.
h. If Employee elects revocation during that time. Any revocation must be in writing and must be received by the Company does not revoke during the seven7-day revocation period, this Agreement will take effect on the 8th day after Employee signs this Agreement.
i. Employee may sign this Agreement no sooner than the day after Employee’s Separation Date and no later than August 26, 2024. In the event that If Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution does not return an executed copy of this Release by Employee.
Agreement before 5:00 p.m. (eET) Nothing in on August 26, 2024, this Release prevents or precludes Employee from challenging or seeking a determination in good faith of the validity severance offer will expire and all provisions of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal lawAgreement shall be void and of no legal effect.
Appears in 1 contract
Samples: Severance Agreement (EyePoint Pharmaceuticals, Inc.)
ADEA Waiver. Employee expressly acknowledges and agrees that that, by entering into this ReleaseAgreement, he [he/she] is waiving any and all rights or claims that he [he/she] may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”)amended, 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 which have arisen on or claims that may arise under the ADEA after before the date Employee signs of execution of this ReleaseAgreement. Employee further expressly acknowledges and agrees that:
(a) a. In return for this Release, he Agreement [he/she] will receive consideration compensation beyond that which he [he/she] already was already entitled to receive before executing entering into this ReleaseAgreement;
(b) He b. [He/She] is hereby advised in writing by this Release Agreement to consult with an attorney before signing this ReleaseAgreement;
(c) He c. [He/She] was given a copy of this Release Agreement on December 3, 2018200 , and informed that he (i) [he/she] 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 Employee; (iii) Employee may waive the 21-day period; and that (iv) if he wished to execute Employee signs this Release prior to Agreement before the expiration end of such 21-day period he period, Employee acknowledges and agrees that Employee will have done so voluntarily and with full knowledge that he Employee is waiving his [his/her] right to have twenty-one (21) 21 days to consider this Release; and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;Agreement.
(d) He d. [He/She] was informed that he had [he/she] has seven (7) days following the date of execution of that Employee signs this Release Agreement in which to revoke this Releasethe Agreement, and that this Release 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 RGP (delivered to [insert name of ER Director]) during the seven-day revocation period. In the event that Employee exercises this revocation right[his/her] right of revocation, neither the Company RGP nor Employee will have any obligation obligations under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by EmployeeAgreement.
(e) e. Nothing in this Release Agreement prevents or precludes 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 for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Employee Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he 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”), and that this waiver and release is knowing and voluntarywhich have arisen on or before the Effective Date. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee signs this Release. Employee Executive further expressly acknowledges and agrees that:
(a) In return for this ReleaseAgreement, he will receive consideration beyond that which he was already entitled to receive before executing this ReleaseAgreement;
(b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this ReleaseAgreement;
(c) He was given a copy of this Release Agreement on December 3January 16, 20182015, 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 the expiration of such 21-day period period, he will have done so voluntarily should execute the Acknowledgement and with full knowledge that he is waiving his right to have twenty-one (21) days to consider this Release; and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received itWaiver attached hereto as Exhibit A;
(d) He was informed that he had 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-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employee.
(e) Nothing in this Release Agreement prevents or precludes Employee Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for 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. Employee expressly acknowledges You acknowledge that Your waiver and agrees that by entering into this Release, he is waiving release hereunder of any and all rights or claims that he You may have arising under the Age Discrimination in Employment Act of 19671967 (ADEA), as amended (by the “ADEA”)Older Workers Benefit Protection Act, and that this waiver and release is knowing and voluntary. Employee You certify that You have read and understand the provisions of this release of claims. You and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee signs this ReleaseSeparation Agreement is executed. Employee further expressly acknowledges You acknowledge that the severance benefits provided in this Separation Agreement are specifically linked to Your ADEA claim release and agrees that:
that You would not receive the same benefits absent Your agreement to provide such a release. You acknowledge that You have been advised by this writing, as required by the Separation Agreement Exhibit A Older Workers Benefit Protection Act, that (a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
(b) He is hereby advised in writing by this Release to You should consult with an attorney before signing this Release;
(c) He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to executing this Separation Agreement; (b) You have twenty-one (21) days to consider this ReleaseSeparation Agreement (although You may, by Your own choice, execute this Separation Agreement earlier); and that such twenty-one (21c) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had You have seven (7) days following the date of execution of this Release in which Separation Agreement by You to revoke the Separation Agreement; and (d) this ReleaseSeparation Agreement shall not be effective until the date upon which this revocation period has expired. If You wish to revoke the Separation Agreement, and this Release will become null and void if Employee elects You must send written notice of Your revocation during that time. Any revocation must be in writing and must to the attention of , to be received by within seven (7) days following Your signature on this Separation Agreement. The only Claims excluded from this release are claims relating to breach or enforceability of this Separation Agreement and Your right to file a complaint, charge or other action with a governmental agency. With regard to governmental agency complaints, however, You understand and agree that You are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the Company during the seven-day revocation periodagency claim. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing This waiver and release is effective to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email full extent the law permits You to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employeerelease Your individual claims. It does not affect reimbursement rights You may currently possess under any health insurance coverage or accrued rights You may have under any retirement plan after termination.
(e) Nothing in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Employee expressly acknowledges I understand that there may be numerous, valuable rights under federal and agrees that by entering into this Releasestate law, he is waiving any and all including rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”)amended, and that 29 U.S.C. § 621, et seq., which I am waiving by executing this waiver and release is knowing and voluntaryAgreement. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and agrees In connection with this, I hereby certify that:
(a) In return for this Release, he will receive consideration beyond a. This Agreement and the Plan are written in a manner that which he was already entitled is understandable to receive before executing this Releaseme;
(b) He is hereby b. I am receiving valuable consideration under this Agreement to which I would not otherwise be entitled;
c. I have been advised in writing by this Release to consult with an attorney before signing prior to executing this ReleaseAgreement;
(c) He was d. I understand that this Agreement is a general release of Delta and the other Released Parties from any past or existing claim or potential claim including any claim or potential claim relating to my employment relationship with Delta, and termination of that relationship;
e. I have been given a copy period of this Release on December 3, 2018, and informed that he had twenty-one (21) days within in which to consider whether to sign this Release Agreement and that if he wished to execute consult with an attorney, accountant, tax advisor, spouse, or any other person. I have either used this Release prior to the expiration of such 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 to consider this Release; and that such twenty-one (21) day period to consider this Release would not and will not be re-started Agreement, or extended based on any changes, whether material or immaterial, have voluntarily chosen to execute this Agreement before the end of that are or were made to this Release in such twenty-one (21) day period after he received itperiod;
(d) He was informed that he had f. I understand I have seven (7) calendar days following the date of execution of after signing this Release in which Agreement to revoke this ReleaseAgreement (the “Revocation Period”). To revoke this Agreement, I must notify Delta of the intent to revoke through a signed statement delivered to Xxx Xxxxx, Delta Air Lines, Inc., ATG Department 948, 0000 Xxxxx Xxxx., Xxxxxxx, Xxxxxxx 00000-0000, or to such other person and address as Delta may designate in writing, on or before the last day of the Revocation Period. I acknowledge that this Release Agreement will become null and void if Employee elects revocation during not take effect until the day after the Revocation Period has expired, provided 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 this I have not exercised my revocation right. If I revoke this Agreement, neither it shall immediately be void and of no further force or effect and I will not receive the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee Severance Benefits referred to in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution Section 2 of this Release by Employee.
(e) Nothing in Agreement; otherwise, this Release prevents or precludes Employee from challenging or seeking a determination in good faith Agreement will be fully effective and enforceable as of the validity of this waiver under day after the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal lawRevocation Period.
Appears in 1 contract
ADEA Waiver. Employee expressly This Agreement is intended by the parties to effectuate the knowing and voluntary release of all known and unknown claims, including claims under the Age Discrimination in Employment Act. Executive acknowledges that the releases and agrees waivers of rights set forth in this Agreement are for the payment of monies that by entering into exceed those to which Executive would already be entitled under the Company’s existing benefits programs and payment of these monies is being made specifically contingent upon Executive’s consent to the releases and waivers contained herein. Please be assured that the releases contained in this Release, he is waiving Agreement do not extend to any and all rights or claims that he Executive may have arising under the Age Discrimination in Employment Act that first arise after the date and time Executive signs this Agreement. The Company advises and encourages Executive to consult with his own attorney before signing this Agreement. Whether he does so is his decision. Executive has thirty (30) days to consider this Agreement. Executive understands that he may take as much of 1967, this thirty (30) day period of time to consider this Agreement as amended (the “ADEA”), and that this waiver and release is knowing and voluntaryhe wishes before signing it. Employee Executive and the Company agree that the thirty (30) day period begins on the day that this waiver and release does not apply Agreement is delivered to any rights or claims that may arise under the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and agrees that:
(a) In return for this ReleaseExecutive, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
(b) He is hereby advised in writing by this Release to consult with an attorney before signing this Release;
(c) He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute the Company changes any of the terms of the offer contained in this Release prior to Agreement (whether the expiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one changes are material or not), the thirty (21) days to consider this Release; and that such twenty-one (2130) day period to consider this Release would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to restarted but will continue without interruption. If Executive signs this Release in such twenty-one Agreement before the thirty (2130) day period after he received it;
expires, the seven (d7) He was informed day revocation period (described below) will begin immediately. If Executive signs this Agreement before the thirty (30) day period expires, Executive agrees that he had has knowingly and voluntarily accepted the shortening of the thirty (30) day period and that the Company has not promised you anything or made any representations that are not contained in this Agreement. Executive may revoke this Agreement within seven (7) days following the date of execution of this Release in which to revoke this Release, after he signs it and this Release will Agreement shall not become null and void if Employee elects effective or enforceable until the seven (7) day revocation during that timeperiod has expired. Any revocation must be in writing and must be received by The law prohibits the Company during from shortening the seven-seven (7) day revocation period. In Executive can revoke this Agreement only by delivering the event that Employee exercises this revocation rightnotice to Xxxxx Xxxxxxxx, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx XxxxxxxxxPresident. The revocation notice can be delivered either by personal delivery, lead directoremail, by email to xxx.xxxxxxxxx@xxxxx.xxx)or through the United States Postal Service, so that it is received registered or certified mail, postage prepaid and return receipt requested. The Company must receive the revocation within the seven-seven (7) day period following execution of this Release by Employee.
(e) Nothing in this Release prevents or precludes Employee from challenging or seeking a determination in good faith for the revocation to be effective. Executive understands and agrees that he will not be entitled to any of the validity of payments or benefits under this waiver under Agreement until the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal lawseven (7) day revocation period has expired.
Appears in 1 contract
Samples: Separation Agreement (Liquidmetal Technologies Inc)
ADEA Waiver. Employee expressly acknowledges and agrees You agree that by entering into you are voluntarily executing this Release, he is . You acknowledge that you are knowingly and voluntarily waiving and releasing any and all rights or claims that he you may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), ADEA and that this the consideration given for the waiver and release is knowing and voluntaryin addition to anything of value to which you were already entitled. Employee and You further acknowledge that you have been advised by this writing, as required by the Company agree that this ADEA, that: (A) your waiver and release does specified in this paragraph do not apply to any rights or claims that may arise under the ADEA after the date Employee signs you sign this Release. Employee further expressly acknowledges and agrees that:
; (aB) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
(b) He is hereby you have been advised in writing by this Release to consult with an attorney before prior to signing this Release;
; (cC) He was given if part of a copy group termination, you have received a disclosure from the Company that includes a description of the class, unit or group of individuals covered by this employment termination program, the eligibility factors for such program, and any time limits applicable to such program and a list of job titles and ages of all employees selected for this group termination and ages of those individuals in the same job classification or organizational unit who were not selected for termination (“Disclosures”); (D) you have 21 days from the date that you receive this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release (although you may choose to sign it any time on or after your Separation Date); (E) you have seven days after you sign this Release to revoke it (“Revocation Period”); and that if he wished (F) this Release will not be effective until you have returned it to execute Yahoo! (instructions below) and the Revocation Period has expired (the “Effective Date”). Do not sign this Release prior to the expiration of such 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 to consider this Release; and that such twenty-one (21) day period to consider Separation Date. If this Release would not is acceptable to you, please sign below on or after the Separation Date and return the original to Xxx Xxxxxxxxx at xxxx@xxxxx-xxx.xxx or Yahoo!, 000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxx 00000 by December 6, 2012. AGREED AND VOLUNTARILY EXECUTED: cc: Personnel File March 16, 2011 Xxx Xxxxx Dear Xxx: On behalf of Yahoo! Inc. (“Yahoo!” or the “Company”), I am pleased to inform you that Yahoo! will provide you with the severance protections described in this letter agreement (“Agreement”). This Agreement is being offered to you to provide both you and Yahoo! with certainty in the event that your employment with Yahoo! is terminated by Yahoo! without Cause.1 You will not be re-started entitled to any severance benefits under this Agreement if your employment is terminated with Cause, if you voluntarily resign from your employment with Yahoo!, or extended based on any changes, whether material if your employment terminates due to your death or immaterial, that are or were made to this Release in such twenty-one (21) day period after he received it;disability.2
(d) He was informed that he had seven (7) days following the date of execution 1 For purposes of this Release in which to revoke this ReleaseAgreement, 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 “Cause” means termination of your employment by the Company during based upon the seven-day revocation period. In occurrence of one or more of the event that Employee exercises this revocation rightfollowing which, neither with respect to clauses (1), (2) and (3) below, if curable, you have not cured within fourteen (14) days after you receive written notice from the Company nor specifying with reasonable particularity such occurrence: (1) your refusal or material failure to perform your job duties and responsibilities (other than by reason of your serious physical or mental illness, injury or medical condition), (2) your failure or refusal to comply in any material respect with material Company policies or lawful directives, (3) your material breach of any contract or agreement between you and the Company (including but not limited to this Agreement and the Employee will have Confidentiality and Assignment of Inventions Agreement between you and the Company), or your material breach of any statutory duty, fiduciary duty or any other obligation under this Release. Any notice of revocation should be sent by Employee in writing that you owe to the Company’s Board , (4) your commission of Directors an act of fraud, theft, embezzlement or other unlawful act against the Company or involving its property or assets or your engaging in unprofessional, unethical or other intentional acts that materially discredit the Company or are materially detrimental to the reputation, character or standing of the Company, or (attention Xxx Xxxxxxxxx5) your indictment or conviction or nolo contendere or guilty plea with respect to any felony or crime of moral turpitude. Following notice and cure as provided in the preceding sentence, lead directorupon any additional one-time occurrence of one or more of the events enumerated in that sentence, by email the Company may terminate your employment for Cause without notice and opportunity to xxx.xxxxxxxxx@xxxxx.xxx)cure. However, so that should the Company choose to offer you another opportunity to cure, it is received within the seven-day period following execution will not be deemed a waiver of its rights under this provision. 2 In no event will you be considered to have terminated employment for purposes of this Release letter if your employment by EmployeeYahoo! (including a subsidiary or affiliate) terminates and, immediately after such termination, you continue as an employee of another subsidiary or affiliate of Yahoo! (or Yahoo! Inc. if you had previously been employed by a subsidiary).
(e) Nothing in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Separation Agreement (Yahoo Inc)
ADEA Waiver. Employee expressly acknowledges You acknowledge that your waiver and agrees that by entering into this Release, he is waiving release hereunder of any and all rights or claims that he You may have arising under the Age Discrimination in Employment Act of 19671967 (ADEA), as amended (by the “ADEA”)Older Workers Benefit Protection Act, and that this waiver and release is knowing and voluntary. Employee You certify that You have read and understand the provisions of this release of claims. You and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee signs this ReleaseSeparation Agreement is executed. Employee further expressly acknowledges You acknowledge that the severance benefits provided in this Separation Agreement are specifically linked to your ADEA claim release and agrees that:
that You would not receive the same benefits absent your agreement to provide such a release. You acknowledge that You have been advised by this writing, as required by the Older Workers Benefit Protection Act, that (a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
(b) He is hereby advised in writing by this Release to You should consult with an attorney before signing this Release;
(c) He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to executing this Separation Agreement; (b) You have twenty-one (21) days to consider this ReleaseSeparation Agreement (although You may, by your own choice, execute this Separation Separation Agreement Exhibit A Agreement earlier); and that such twenty-one (21c) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had You have seven (7) days following the date of execution of this Release in which Separation Agreement by You to revoke the Separation Agreement; and (d) this ReleaseSeparation Agreement shall not be effective until the date upon which this revocation period has expired. If You wish to revoke the Separation Agreement, and this Release will become null and void if Employee elects You must send written notice of your revocation during that time. Any revocation must be in writing and must to the attention of , to be received by within seven (7) days following your signature on this Separation Agreement. The only Claims excluded from this release are claims relating to breach or enforceability of this Separation Agreement and your right to file a complaint, charge or other action with a governmental agency. With regard to governmental agency complaints, however, You understand and agree that You are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the Company during the seven-day revocation periodagency claim. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing This waiver and release is effective to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email full extent the law permits You to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employeerelease your individual claims. It does not affect reimbursement rights You may currently possess under any health insurance coverage or accrued rights You may have under any retirement plan after termination.
(e) Nothing in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. The Employee expressly acknowledges and agrees that by entering into this Release, he the Employee is hereby waiving and releasing any and all age claims or rights or claims that he the Employee may have arising under the Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”), as amended by the Older Workers’ Benefit Protection Act of 1990, 29 U.S.C. §§ 621 et seq. This Section and this Agreement are written in a manner calculated to be understood by the Employee. In connection with this ADEA release, the Employee agrees that the Employee is hereby entering into this waiver and release is knowing knowingly and voluntary. Employee voluntarily, and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date the Employee signs executes this ReleaseAgreement. The Employee further expressly acknowledges and agrees that the consideration given for the release of the ADEA claims is in addition to anything of value to which the Employee was already entitled. Finally, the Employee acknowledges that the Employee has been advised by this writing that:
: (a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
(b) He is hereby advised in writing by this Release to the Employee should consult with an attorney before signing prior to executing this Release;
Agreement; (cb) He was given a copy of this Release on December 3, 2018, and informed that he the Employee has had at least twenty-one (21) days within which from receipt of this Agreement to consider this Release whether to execute it and that if he wished release any age claim under the ADEA. If the Employee chooses to execute this Release prior to Agreement before the expiration of such 21-day period he will have done has elapsed, the Employee does so voluntarily knowingly and with full knowledge that he is waiving his right to have twenty-one voluntarily; (21c) days to consider this Release; and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had the Employee has seven (7) days following the date of Employee’s execution of this Release in which Agreement 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 the Employee’s signature by the Company during the seven-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any providing written notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received this fact within the seven7-day period to Employer; such written notice to be delivered by overnight courier to Employer at the following execution of address: Pacific Mercantile Bancorp 000 Xxxxx Xxxxx Xxxxx, Xxxxx 000 Xxxxx Xxxx, XX 00000 Attention: Chief Financial Officer (d) if the Employee revokes this Release by Employee.
(e) Nothing Agreement, the Employee will not receive the Severance or other benefits set forth in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal lawAgreement.
Appears in 1 contract
ADEA Waiver. Employee expressly acknowledges I understand that there may be numerous, valuable rights under federal and agrees that by entering into this Releasestate law, he is waiving any and all including rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”)amended, and that 29 U.S.C. § 621, et seq., which I am waiving by executing this waiver and release is knowing and voluntaryAgreement. Employee and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and agrees In connection with this, I hereby certify that:
(a) In return for this Release, he will receive consideration beyond a. This Agreement and the Plan are written in a manner that which he was already entitled is understandable to receive before executing this Releaseme;
(b) He is hereby b. I am receiving valuable consideration under this Agreement to which I would not otherwise be entitled;
c. I have been advised in writing by this Release to consult with an attorney before signing prior to executing this ReleaseAgreement;
(c) He was d. I understand that this Agreement is a general release of Delta and the other Released Parties from any past or existing claim or potential claim including any claim or potential claim relating to my employment relationship with Delta, and termination of that relationship;
e. I have been given a copy period of this Release on December 3, 2018, and informed that he had twentyforty-one five (2145) days within in which to consider whether to sign this Release Agreement and that if he wished to execute consult with an attorney, accountant, tax advisor, spouse, or any other person. I have either used this Release prior to the expiration of such 21full forty-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one five (21) days to consider this Release; and that such twenty-one (2145) day period to consider this Release would not and will not be re-started Agreement, or extended based on any changes, whether material or immaterial, have voluntarily chosen to execute this Agreement before the end of that are or were made to this Release in such twenty-one (21) day period after he received itperiod;
(d) He was informed that he had f. I understand I have seven (7) calendar days following the date of execution of after signing this Release in which Agreement to revoke this ReleaseAgreement (the “Revocation Period”). To revoke this Agreement, I must notify Delta of the intent to revoke through a signed statement delivered to Rxx Xxxxx, Delta Air Lines, Inc., ATG Department 948, 1000 Xxxxx Xxxx., Xxxxxxx, Xxxxxxx 00000-0000, or to such other person and address as Delta may designate in writing, on or before the last day of the Revocation Period. I acknowledge that this Release Agreement will become null not take effect until the day after the Revocation Period has expired, provided that I have not exercised my revocation right. If I revoke this Agreement, it shall immediately be void and void of no further force or effect and I will not receive the Severance Benefits referred to in Section 2 of this Agreement; otherwise, this Agreement will be fully effective and enforceable as of the day after the Revocation Period. [Note: if Employee elects employee is based in or resides in Minnesota—revocation during that time. Any revocation period must be in writing and must 15 days to be received by the Company during the seven-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employee.
(e) Nothing in this Release prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver valid under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.Minnesota Human Rights Act]
Appears in 1 contract
ADEA Waiver. Employee expressly acknowledges The Executive has read this Release carefully and agrees that by entering into this Release, he 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”), 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 claims that may arise under the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and agrees that:
: (a) In in return for this Release, he the Executive will receive consideration beyond that which he was already entitled to receive before executing entering into this Release;
; (b) He is hereby advised in writing by this Release to consult with an attorney before signing this Release;
(c) He the Executive was given a copy of this Release on December 313, 2018, 2023 and informed that he had at least twenty-one (21) days within which to consider this Release all of its terms and that if he the Executive wished to execute this Release prior to the expiration of such 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 to consider this Release; , and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
; (c) the Executive is 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) He was informed the Executive fully understands that he had seven by signing below the Executive is voluntarily giving up any right which the Executive may have to sue or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (7) days following “ADEA”), which have arisen on or before 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-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employee.
(e) Nothing nothing in this Release prevents or precludes Employee 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 for 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 Transition Agreement dated as of December 13, 2023 (the “Agreement”), by and between the Company, the Operating Partnership and the Executive, 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 1 contract
ADEA Waiver. Employee Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he 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”), and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee Executive signs this ReleaseAgreement. Employee Executive further expressly acknowledges and agrees that:
(a) In return for this ReleaseAgreement, he Executive will receive consideration beyond that which he was already entitled to receive before executing this ReleaseAgreement;
(b) He Executive is hereby advised in writing by this Release Agreement to consult with an attorney before signing this ReleaseAgreement;
(c) He Executive was given a copy of this Release Agreement on December 3[•], 20182021, and informed that he or she had twenty-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 period he or she will have done so voluntarily and with full knowledge that he Executive is waiving his or her right to have twenty-twenty one (21) days to consider this ReleaseAgreement; and that such twenty-twenty one (21) day period to consider this Release 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 Release Agreement in such twenty-twenty one (21) day period after he Executive received it;
(d) He Executive was informed that he had seven (7) days following the date of execution of this Release Agreement in which to revoke this ReleaseAgreement, and this Release Agreement and the Consulting Agreement will become null and void if Employee 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 Employee Executive exercises this revocation right, neither the Company nor Employee Executive will have any obligation under this ReleaseAgreement. Any notice of revocation should be sent by Employee Executive in writing to the Company’s Board of Directors Company (attention Xxxxxxx X. Xxxxxx, Chief Executive Officer), 00000 Xxx XxxxxxxxxXxxxxx Xxxxxx, lead directorSuite 550, by email to xxx.xxxxxxxxx@xxxxx.xxx)Irvine, CA 92612, so that it is received within the seven-day period following execution of this Release Agreement by Employee.Executive; and
(e) Nothing in this Release Agreement prevents or precludes Employee Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Consulting Agreement (Sabra Health Care REIT, Inc.)
ADEA Waiver. Employee You understand and hereby expressly acknowledges and agrees that acknowledge that, by entering into this ReleaseSupplemental Agreement, he is you are knowingly and voluntarily waiving and releasing any and all rights or claims that he you may have arising under the Age Discrimination in Employment Act of 1967Act, 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 Supplemental Agreement (“ADEA Waiver”), and that this the consideration given for the foregoing waiver is in addition to anything of value to which you were already entitled. You further acknowledge and release is knowing and voluntary. Employee and the Company agree that you have been advised by this waiver and release does not apply to any rights or claims that may arise under writing, as required by the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and agrees that:
: (a) In return you have received a disclosure from the Company that includes a description of the class, unit or group of employees covered by this employment termination program, the eligibility factors for such program, and any time limits applicable to such program and a list of job titles and ages of all employees selected for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
group termination and those employees in the same job classification or organizational unit who were not selected for termination; (b) He is hereby advised in writing by this Release to consult with an attorney before signing this Release;
you have had at least forty-five (c45) He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) calendar days within which to consider this Release and that if he wished release before executing it (although you may choose to voluntarily execute this Release prior release earlier); (c) you are aware of the contents and significance of all the provisions of this Supplemental Agreement and knowingly and voluntarily agree to the expiration terms of such 21-day period he will have done so voluntarily this Supplemental Agreement and with full knowledge that he is waiving his right intend to have twenty-one (21) days to consider this Releasebe legally bound by them; and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had you have seven (7) full calendar days following the date of execution of this Release in within which to revoke this ReleaseSupplemental Agreement after it is executed by you, and agree that this Release will Supplemental Agreement shall not 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 effective or enforceable until this seven-day revocation period. In the event that Employee exercises period has ended; (e) to revoke this revocation rightSupplemental Agreement, neither you must notify the Company nor Employee will via email to xx@xxxxxxxxx.xxx and such notification must be received no later than 5:00 p.m. on the seventh day following the date you sign this Supplemental Agreement; (f) you have any obligation under this Release. Any notice of revocation should be sent by Employee been advised in writing to have this Supplemental Agreement reviewed by counsel prior to signing it; and (g) rights or claims under the Company’s Board of Directors (attention Xxx XxxxxxxxxADEA that may arise after the date this Supplemental Agreement is signed are not waived. You agree that any modifications, lead directormaterial or otherwise, by email made to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within this Supplemental Agreement do not restart or affect in any manner the sevenoriginal 45-day consideration period following execution of this Release by Employee.
(e) Nothing provided in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal lawSection.
Appears in 1 contract
ADEA Waiver. Employee expressly acknowledges and agrees You agree that by entering into you are voluntarily executing this Release, he is . You acknowledge that you are knowingly and voluntarily waiving and releasing any and all rights or claims that he you may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), ADEA and that this the consideration given for the waiver and release is knowing and voluntaryin addition to anything of value to which you were already entitled. Employee and You further acknowledge that you have been advised by this writing, as required by the Company agree that this ADEA, that: (A) your waiver and release does specified in this paragraph do not apply to any rights or claims that may arise under the ADEA after the date Employee signs you sign this Release. Employee further expressly acknowledges and agrees that:
; (aB) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
(b) He is hereby you have been advised in writing by this Release to consult with an attorney before prior to signing this Release;
; (cC) He was given if part of a copy group termination, you have received a disclosure from the Company that includes a description of the class, unit or group of individuals covered by this employment termination program, the eligibility factors for such program, and any time limits applicable to such program and a list of job titles and ages of all employees selected for this group termination and ages of those individuals in the same job classification or organizational unit who were not selected for termination (“Disclosures”); (D) you have 21 days from the date that you receive this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release (although you may choose to sign it any time on or after your Separation Date); (E) you have seven days after you sign this Release to revoke it (“Revocation Period”); and that if he wished (F) this Release will not be effective until you have returned it to execute Yahoo! (instructions below) and the Revocation Period has expired (the “Effective Date”). Do not sign this Release prior to the expiration of such 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 to consider this Release; and that such twenty-one (21) day period to consider Separation Date. If this Release would not is acceptable to you, please: sign below on or after the Separation Date and will not be re-started return the original to Mini Khroad at [Contact] or extended based on any changesYahoo!, whether material or immaterial000 Xxxxx Xxxxxx, that are or were made to this Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had 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-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead directorXxxxxxxxxx 00000 by December 21, by email to xxx.xxxxxxxxx@xxxxx.xxx)2012. /s/ Xxxxxxx Xxxxxxx October 26, so that it is received within the seven-day period following execution of this Release by Employee.
(e) Nothing in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal law.2012
Appears in 1 contract
Samples: Separation Agreement (Yahoo Inc)
ADEA Waiver. By execution of this document, Employee expressly acknowledges and agrees that by entering into this Release, he is waiving waives any and all rights or to claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended 29 U.S.C. § 621, et seq. (the “ADEA”).
(a) Employee acknowledges that Employee’s waiver of rights or claims refers to rights or claims arising under the ADEA is in writing and is understood by Employee.
(b) Employee expressly understands that by execution of this document, and that this waiver and release is knowing and voluntary. Employee and the Company agree that this waiver and release does not apply to waive any rights or claims under the ADEA that may arise under the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and agrees that:
(a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing this Release;
(b) He the waiver is hereby advised in writing by this Release to consult with an attorney before signing this Release;executed.
(c) He was Employee acknowledges that the waiver of Employee’s rights or claims arising under the ADEA is in exchange for the consideration outlined in this Agreement which is above and beyond that to which Employee is entitled.
(d) Employee acknowledges that Stereotaxis expressly advised Employee to consult an attorney of Employee's choosing prior to executing this document and that Employee has been given a copy period of this Release on December 3, 2018, and informed that he had twentynot less than forty-one five (2145) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 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 to consider this Release; and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received it;Agreement.
(de) He was informed Employee acknowledges that he had Employee has been advised by Stereotaxis that Employee is entitled to revoke (in the event Employee executes this document) Employee’s waiver of rights or claims arising under the ADEA within seven (7) days following the date after executing this document by notifying Stereotaxis in writing at: Stereotaxis, 4000 Xxxxxx Xxxx Xxxxxx, Xxxxx 000, Xx. Xxxxx, Xxxxxxxx 00000, Attn: VP of execution of this Release in which Human Resources that Employee intends to revoke this Release, waiver and that said waiver will not and does not become effective or enforceable until the seven (7) day period has expired. Employee agrees that payment of monies due under this Release executed and unrevoked waiver will become null and void if Employee elects revocation during that time. Any revocation must not be in writing and must be received by payable until the Company during the seven-seven (7) day revocation period. In the event that period has expired and Employee exercises has not revoked this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employeewaiver.
(e) Nothing in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Employee Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he she 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”), and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee Executive signs this ReleaseAgreement. Employee Executive further expressly acknowledges and agrees that:
(a) In return for this ReleaseAgreement, he she will receive consideration beyond that which he she was already entitled to receive before executing this ReleaseAgreement;
(b) He She is hereby advised in writing by this Release Agreement to consult with an attorney before signing this ReleaseAgreement;
(c) He She was given a copy of this Release Agreement on December 3, 2018the Effective Date, 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 the expiration of such 21-day period he she will have done so voluntarily and with full knowledge that he she is waiving his her right to have twenty-one (21) days to consider this ReleaseAgreement; and that such twenty-one (21) day period to consider this Release 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 Release Agreement in such twenty-one (21) day period after he she received it;
(d) He She was informed that he she had seven (7) days following the date of execution of this Release Agreement in which to revoke this ReleaseAgreement, and this Release Agreement will become null and void if Employee 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 Employee Executive exercises this revocation right, neither the Company nor Employee Executive will have any obligation under this ReleaseAgreement. Any notice of revocation should must be sent by Employee Executive in writing to the Company’s Board of Directors Company (attention General Counsel), 0000 Xxxxx Xxxxxxx Xxxxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000, and with a copy (which shall not constitute notice) to Xxxxxxx X. Xxxxxxxxx, lead directorEsq., by email to xxx.xxxxxxxxx@xxxxx.xxx)O’Melveny & Xxxxx LLP, 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx Xxxxx, XX 00000, so that it each is received within the seven-day period following execution of this Release Agreement by EmployeeExecutive.
(e) Nothing in this Release Agreement prevents or precludes Employee Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Transition Agreement (Guess Inc)
ADEA Waiver. In addition to the provisions contained herein, and by execution of this Agreement, Employee expressly acknowledges and agrees that by entering into this Release, he is waiving waives any and all rights or to claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended amended, ("ADEA") and:
a) Employee acknowledges that his waiver of rights or claims arising under the “ADEA”)ADEA is in writing, written in a manner calculated to be understood, and is understood by him;
b) Employee expressly understands that this waiver and release is knowing and voluntary. refers to rights or claims arising under the ADEA;
c) Employee and the Company agree expressly understands that by execution of this waiver and release Agreement, he does not apply to waive any ADEA rights or claims that may arise after the date this Agreement is executed;
d) Employee acknowledges that the waiver of his rights on claims arising under the ADEA after is in exchange for the date Employee signs this Release. Employee further expressly acknowledges consideration outlined in paragraph 2 above, which is above and agrees that:
(a) In return for this Release, he will receive consideration beyond that to which he was already is otherwise entitled to receive before executing this Releasefrom CPI;
(be) He is hereby Employee 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;
(c) He was Agreement. Employee has been advised by CPI that Employee is given a copy period of twenty-one (21) calendar days following his receipt of this Release on December 3Agreement within which to consider this Agreement. Employee may elect to accept or reject this offer within the time period. If Employee does nothing within the twenty-one (21) day period, 2018, and informed CPI shall consider the offer withdrawn. Employee certifies that if he had 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, Employee acknowledges and understands that for a period of seven (7) calendar days after he signs and delivers this Agreement to consider this Release CPI, he may change his mind and that if he wished revoke the Agreement. If Employee desires to execute this Release prior to revoke the expiration Agreement, Employee 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 period he will have done so voluntarily following Employee's execution and with full knowledge that he is waiving his right to have twenty-one (21) days to consider delivery of the Agreement. Consequently, this Release; and that such twenty-one (21) day period to consider this Release would not and Agreement will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Release in such twenty-one (21) day period after he received it;
(d) He was informed that he had effect until seven (7) days have passed following Employee'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 Employee gives notice of execution of revocation during the revocation period, this Release in which to revoke this Release, and this Release will Agreement shall become null and void if Employee elects revocation during that time. Any revocation must be in writing and must be received by all rights and claims of both CPI and Employee, which would have existed but for the Company during the seven-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by EmployeeAgreement, shall be restored.
(e) Nothing in this Release prevents or precludes 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 for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Employment Separation and Release Agreement (Cpi Corp)
ADEA Waiver. Employee Xxxxxxx expressly acknowledges and agrees that by entering into this Release, he 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”), 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 which have arisen on or claims that may arise under the ADEA after before the date Employee signs of execution of this Release. Employee Xxxxxxx further expressly acknowledges and agrees that:
(a) In return for this Release, he will receive consideration beyond that which he was already entitled to receive before executing entering into this Release;
(b) He is hereby advised in writing by this Release to consult with an attorney before signing this Release;
(c) He has read and understands the terms of this Agreement;
(d) He was given a copy of this Release on December 3, 2018prior to date hereof, and informed that he had twenty-one (21) days within which to consider this Release and Release, that if he wished to execute this Release prior to changes (whether material or otherwise) will not restart the expiration of such 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 to consider this Release; and that such twenty-one (21) day period to consider this Release 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 Release in such twenty-one (21) day period after he received itperiod;
(d) He was informed that he had 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-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of revocation should be sent by Employee in writing to the Company’s Board of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx), so that it is received within the seven-day period following execution of this Release by Employee.
(e) Nothing in this Release prevents or precludes Employee 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 for 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. Employee Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he 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”), and that this waiver and release is knowing and voluntary. Employee Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee Executive signs this ReleaseAgreement. Employee Executive further expressly acknowledges and agrees that:
(a) In return for this ReleaseAgreement, he will receive consideration beyond that which he was already entitled to receive before executing this ReleaseAgreement;
(b) He is hereby advised in writing by this Release Agreement to consult with an attorney before signing this ReleaseAgreement;
(c) He was given a copy of this Release Agreement on December 3May 26, 20182021, 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 the expiration of such 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 to consider this ReleaseAgreement; and that such twenty-one (21) day period to consider this Release 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 Release Agreement in such twenty-one (21) day period after he 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 ReleaseAgreement, and this Release Agreement will become null and void if Employee 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 Employee Executive exercises this revocation right, neither the Company nor Employee Executive will have any obligation under this ReleaseAgreement. Any notice of revocation should be sent by Employee Executive in writing to the Company’s Board Company (Sonim Technologies, Inc., care of Directors (attention Xxx Xxxxxxx X. Xxxxxxxxx, lead directorEsq., by email to xxx.xxxxxxxxx@xxxxx.xxxO’Melveny & Xxxxx LLP, 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx Xxxxx, Xxxxxxxxxx, 92660), so that it is received within the seven-day period following execution of this Release Agreement by EmployeeExecutive.
(e) Nothing in this Release Agreement prevents or precludes Employee Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Samples: Separation and Release Agreement (Sonim Technologies Inc)
