ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement; (b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement; (c) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it; (d) Executive was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive. (e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 5 contracts
Sources: Employment Agreement (Surf Air Mobility Inc.), Employment Agreement (Surf Air Mobility Inc.), Employment Agreement (Surf Air Mobility Inc.)
ADEA Waiver. Executive expressly [Applicable only if over 40] Employee acknowledges that Employee is knowingly and agrees that by entering into this Agreement, Executive is voluntarily waiving and releasing any and all rights or claims that Executive 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 Severance 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 and has received all the leave, leaves of absence and leave benefits and protections for which Employee is eligible. Executive and the Company agree Employee 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 Executive signs of this Severance Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
; (b) Executive is ▇▇▇▇▇▇ Employee has been advised in writing by this Agreement to hereby that Employee should consult with an attorney before signing prior to executing this Severance Agreement;
; (c) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [Employee twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] ) days to consider this AgreementSeverance Agreement (although Employee may choose to voluntarily execute this Severance 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 Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had Employee has seven (7) days following the date of Employee’s execution of this Severance Agreement to revoke the Severance Agreement in which writing actually delivered to revoke this Agreement, [_____] at ChannelAdvisor; and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Severance Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of shall not be effective until the validity of date upon which the revocation period has expired unexercised, which shall be the eighth day after this waiver under Severance Agreement is executed by Employee (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 3 contracts
Sources: Executive Severance and Change in Control Letter Agreement (Channeladvisor Corp), Executive Severance and Change in Control Letter Agreement (Channeladvisor Corp), Executive Severance and Change in Control Agreement (Channeladvisor Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) B. Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [ , 202 ], 20 ] and informed that Executive he had [twenty-twenty one (2121)/forty five (45)] days within which to consider this Release Agreement and that if Executive he wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)day/45-day] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changesperiod, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received ithe should execute the Endorsement attached hereto;
(d) E. Executive was informed that Executive he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation rightExecutive’s right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.;
(e) F. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 3 contracts
Sources: Employment Agreement (NCL CORP Ltd.), Employment Agreement (NCL CORP Ltd.), Employment Agreement (NCL CORP Ltd.)
ADEA Waiver. Executive expressly [Applicable only if over 40] Employee acknowledges that Employee is knowingly and agrees that by entering into this Agreement, Executive is voluntarily waiving and releasing any and all rights or claims that Executive 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 Severance 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 and has received all the leave, leaves of absence and leave benefits and protections for which Employee is eligible. Executive and the Company agree Employee 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 Executive signs of this Severance Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
; (b) Executive is ▇▇▇▇▇▇ Employee has been advised in writing by this Agreement to hereby that Employee should consult with an attorney before signing prior to executing this Severance Agreement;
; (c) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [Employee twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] ) days to consider this AgreementSeverance Agreement (although Employee may choose to voluntarily execute this Severance 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 Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had Employee has seven (7) days following the date of Employee’s execution of this Severance Agreement in which to revoke this Agreement, and this the Severance Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing actually delivered to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
_____] at ChannelAdvisor; and (e) Nothing in this Severance Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of shall not be effective until the validity of date upon which the revocation period has expired unexercised, which shall be the eighth day after this waiver under Severance Agreement is executed by Employee (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 3 contracts
Sources: Executive Severance and Change in Control Agreement (Channeladvisor Corp), Executive Severance and Change in Control Agreement (Channeladvisor Corp), Executive Severance and Change in Control Agreement (Channeladvisor Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive he had [twenty-one (21)] days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day period Executive he will have done so voluntarily and with full knowledge that Executive is waiving Executive’s his right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 3 contracts
Sources: Employment Agreement (Semtech Corp), Employment Agreement (Semtech Corp), Employment Agreement (Semtech Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) In ▇. ▇▇ return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) B. Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [ [_________, 202 ], 20__] and informed that Executive he had [twenty-twenty one (2121)/forty-five (45)] days within which to consider this Release Agreement and that if Executive he wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)day/45-day] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changesperiod, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received ithe should execute the Endorsement attached hereto;
(d) E. Executive was informed that Executive he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation rightExecutive’s right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.;
(e) F. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Sources: Employment Agreement (NCL CORP Ltd.), Employment Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive and which have arisen on or before 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 Executive signs this AgreementTermination Date. Executive further expressly acknowledges and agrees that:
(a) In return for this AgreementAgreement and the Bring Down Release, the Executive will be entitled to receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) Executive is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of has voluntarily chosen to enter into this Agreement on [ , 202 ], and informed that Executive had [twenty-one (21)] days within which to consider this Release Agreement and that if Executive wished has not been forced or pressured in any way to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received sign it;
(d) Executive was is hereby informed that he has twenty-one (21) days within which to consider this Release Agreement;
(e) Executive had is hereby informed that he has seven (7) days following the date of execution of he executes 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 delivered personally or sent by facsimile or certified or registered mail, postage prepaid, to the Company during the seven-day revocation period. , as follows: Digital Generation, Inc. ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Freeway, Suite 700 Irving, Texas 75039 Attention: ▇▇▇▇ ▇▇▇▇▇▇▇▇, Vice President, Human Resources In the event that Executive timely exercises his right of revocation under this revocation rightAgreement or the Bring Down Release, neither the Company nor Executive will have any obligation obligations under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.; and
(ef) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Sources: Employment Transition and Consulting Agreement (Digital Generation, Inc.), Employment Transition and Consulting Agreement (Digital Generation, Inc.)
ADEA Waiver. Executive I expressly acknowledges acknowledge and agrees agree that by entering into this Release Agreement, Executive is I am waiving any and all rights or claims that Executive I 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. Executive and the Company agree that this This waiver and release does not do not, however, apply to any rights or claims that may arise under the ADEA after the date Executive signs I sign this Release Agreement. Executive I further expressly acknowledges and agrees that:
(a) In return for this Release Agreement, Executive I will receive consideration beyond that to which Executive I was already entitled to receive before executing this Release Agreement;
(b) Executive is ▇▇▇▇▇▇ I am hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) Executive I was given a copy of this Release Agreement on [ , 202 ]before the Separation Date, and informed that Executive I had [twenty-one (21)] ) days within which following the Separation Date to consider this Agreement Release Agreement, and that if Executive I wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive twenty-one (21) day period, I will have done so voluntarily and with full knowledge that Executive is I am waiving Executive’s my right to have [twenty-one (21)] ) days to consider this Release Agreement; 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 Executive I received it;
(d) Executive I was informed that Executive had I have seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects I elect revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises I exercise this revocation right, neither the Company nor Executive I will have any obligation under this Release Agreement. Any notice of revocation should must be sent by Executive me in writing to the Company (attention [ ]▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, General Counsel, Resources Connection, Inc., ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇), [Insert Address], so that it is received within the seven-day period following execution of this Release Agreement by Executive.me; and
(e) Nothing in this Release Agreement prevents or precludes Executive me 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 2 contracts
Sources: Transition Agreement (Resources Connection, Inc.), Separation and General Release Agreement (Resources Connection, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) B. Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [ , 202 ], 20 ] and informed that Executive he had [twenty-twenty one (2121)/forty five (45)] days within which to consider this Release Agreement and that if Executive he wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)day/45-day] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changesperiod, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received ithe should execute the Endorsement attached hereto;
(d) E. Executive was informed that Executive he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righthis right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.;
(e) F. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Sources: Employment Agreement (Pacific Sunwear of California Inc), Employment Agreement (Power One Inc)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) B. Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [ , 202 ], 20 ] and informed that Executive he or she had [twenty-twenty one (2121)/forty five (45)] days within which to consider this Release Agreement and that if Executive he or she wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)day/45-day] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started period, he or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received itshe should execute the Endorsement attached hereto;
(d) E. Executive was informed that Executive he or she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righthis or her right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.;
(e) F. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.law.2
Appears in 2 contracts
Sources: Employment Agreement (Hcp, Inc.), Employment Agreement (Hcp, Inc.)
ADEA Waiver. Executive expressly Employee acknowledges that she is knowingly and agrees that by entering into this Agreement, Executive is voluntarily waiving and releasing any and all rights or claims that Executive she may have arising under the Age Discrimination ADEA (“ADEA Waiver”). Employee also acknowledges that the consideration given for the ADEA Waiver is in Employment Act addition to anything of 1967value to which Employee was already entitled. Employee further acknowledges that she has been advised by this writing, as amended required by the ADEA, that: (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release i) her ADEA Waiver does not apply to any rights or claims that may arise under the ADEA after the date Executive she signs this Agreement. Executive further expressly acknowledges and agrees that:
; (aii) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to she should consult with an attorney before prior to signing this Agreement;
Agreement (calthough she may choose voluntarily not to do so); (iii) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [she has twenty-one (21)] ) days within which to consider this Agreement and that if Executive wished (although she may choose to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one sign it sooner); (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(div) Executive was informed that Executive had she has seven (7) days following the date of execution of she signs this Agreement in which to revoke it, with such revocation to be effective only if she delivers written notice of revocation to the Company within the seven (7)-day period; and (v) the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after Employee signs this Agreement or, in the case of the Termination Date Affirmation, the eighth day after Employee signs this Affirmation (“Effective Date”). To revoke the Agreement, and this Employee must deliver a written statement of revocation to Exelixis, Inc., c/o ▇▇▇▇▇ ▇▇▇▇▇▇▇, Executive Director, Human Resources, ▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇, by hand delivery by no later than the close of business on the seventh day after signing the Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received or by the Company during registered or certified mail postmarked within the seven-day revocation period. In the event that Executive exercises this , along with a faxed copy of Employee’s revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received ▇▇▇-▇▇▇-▇▇▇▇ within the seven-day period following execution of this Agreement by Executiverevocation period.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Sources: Severance/Consulting Agreement, Severance/Consulting Agreement (Exelixis Inc)
ADEA Waiver. Executive Employee expressly acknowledges and agrees that by entering into this AgreementRelease, Executive he is waiving any and all rights or claims that Executive 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. Executive 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 Executive Employee signs this AgreementRelease. Executive Employee further expressly acknowledges and agrees that:
(a) In return for this AgreementRelease, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this AgreementRelease;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement Release to consult with an attorney before signing this AgreementRelease;
(c) Executive He was given a copy of this Agreement Release on [ [_________, 202 2017], and informed that Executive he had [twenty-one (21)] days within which to consider this Agreement Release and that if Executive he wished to execute this Agreement Release prior to the expiration of such [21]-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] days to consider this AgreementRelease; and that such [twenty-one (21)] day period to consider this Agreement 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 Agreement Release in such [twenty-one (21)] day period after Executive he received it;
(d) Executive He was informed that Executive he had seven (7) days following the date of execution of this Agreement Release in which to revoke this AgreementRelease, and this Agreement Release will become null and void if Executive Employee elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive Employee exercises this revocation right, neither the Company nor Executive Employee will have any obligation under this AgreementRelease. Any notice of revocation should be sent by Executive Employee in writing to the Company (attention [ [_____________]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement Release by ExecutiveEmployee.
(e) Nothing in this Agreement Release prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Sources: Retention Agreement (Sphere 3D Corp), Employment Agreement (Sphere 3D Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) B. Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [ [_________________, 202 ], 20__] and informed that Executive he or she had [twenty-twenty one (2121)/forty five (45)] days within which to consider this Release Agreement and that if Executive he or she wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)day/45-day] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started period, he or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received itshe should execute the Endorsement attached hereto;
(d) E. Executive was informed that Executive he or she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righthis or her right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.;
(e) F. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.law.2
Appears in 2 contracts
Sources: Employment Agreement (Hcp, Inc.), Employment Agreement (Hcp, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(aA) In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(bB) Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(cC) Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
(D) Executive was given a copy of this Release Agreement on [ , 202 ], 20 ] and informed that Executive he had [twenty-twenty one (2121)/forty five (45)] days within which to consider this Release Agreement and that if Executive he wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)day/45-day] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changesperiod, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received ithe should execute the Endorsement attached hereto;
(dE) Executive was informed that Executive he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righthis right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.;
(eF) Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Sources: Employment Agreement (Quality Care Properties, Inc.), Employment Agreement (Quality Care Properties, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ [______, 202 20__], and informed that Executive he had [twenty-one (21)] ) days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; and that such [twenty-one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] ) day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]General Counsel), [Insert Address]▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, so that it each is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Sources: Executive Employment Agreement (Guess Inc), Executive Employment Agreement (Guess Inc)
ADEA Waiver. The Executive has read this Release carefully and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that by which he or she was already entitled to receive before entering into this AgreementRelease; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit A-1; (c) the Executive is waiving hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to ▇▇▇ or bring any other claims against the Released Parties, including any and all rights or and claims that the Executive 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. Executive 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 the date Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, Release; and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing nothing in this Agreement Release prevents or precludes the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs 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 2 contracts
Sources: Employment Agreement (Kilroy Realty, L.P.), Employment Agreement (Kilroy Realty, L.P.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) In ▇. ▇▇ return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) B. Executive is ▇▇▇▇▇▇ advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [ [_________, 202 ], 20__] and informed that Executive she had [twenty-twenty one (21)] ) days within which to consider this Release Agreement and that if Executive she wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changesperiod, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received itshe should execute the Endorsement attached hereto;
(d) E. Executive was informed that Executive she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation rightExecutive’s right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.;
(e) F. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Sources: Employment Agreement (NCL CORP Ltd.), Employment Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. The Executive has read this Release carefully and expressly acknowledges and agrees that: (a) in return for this Release, the Executive will receive consideration beyond that by which he or she was already entitled to receive before entering into this AgreementRelease; (b) the Executive was given a copy of this Release on [_______, 20__] and informed that he or she had at least 21 days to consider all of its terms and that if the Executive wished to execute this Release prior to expiration of such 21-day period, he or she should execute the Acknowledgment and Waiver attached hereto as Exhibit B-1; (c) the Executive is waiving hereby advised in writing by this Release to consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have to ▇▇▇ or bring any other claims against the Released Parties, including any and all rights or and claims that the Executive 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. Executive 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 the date Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, Release; and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing nothing in this Agreement Release prevents or precludes the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs 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 2 contracts
Sources: Employment Agreement (Kilroy Realty, L.P.), Employment Agreement (Kilroy Realty, L.P.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ [_________, 202 202__], and informed that Executive had [twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ [_____________]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Sources: Employment Agreement (Kilroy Realty, L.P.), Employment Agreement (Kilroy Realty, L.P.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into By execution of this Agreement, Executive is waiving expressly waives any and all rights to claims under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et seq.:
(a) Executive acknowledges that Executive’s waiver of rights or claims that Executive may have refers to rights or claims arising under the Age Discrimination in Employment Act of 1967, as amended is in writing and is understood by Executive; (the “ADEA”)b) Executive expressly understands that by execution of this document, and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to waive any rights or claims that may arise under the ADEA after the date the waiver is executed; (c) Executive signs acknowledges that the waiver of Executive’s rights or claims arising under the Age Discrimination in Employment Act is in exchange for the consideration outlined in this Agreement. Executive further expressly acknowledges Agreement which is above and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that to which Executive was already entitled to receive before executing this Agreement;
is entitled; (bd) Executive is ▇▇▇▇▇▇ acknowledges that the Company expressly advised in writing by this Agreement Executive to consult with an attorney before signing of Executive’s choosing prior to executing this Agreement;
(c) document and that Executive was has been given a copy period of this Agreement on [ , 202 ], and informed that Executive had [not less than twenty-one (21)] ) days within which to consider this Agreement document; and (e) Executive acknowledges that if Executive wished to execute this Agreement prior to has been advised by the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge Company that Executive is waiving entitled to revoke (in the event Executive executes this document) Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started waiver of rights or extended based on any changes, whether material or immaterial, that are or were made to this Agreement claims arising under the Age Discrimination in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had Employment Act within seven (7) days following after executing this document and that said waiver will not and does not become effective or enforceable until the date of execution of seven (7) day revocation period has expired. This Agreement shall not become effective or enforceable until the revocation period has expired and no payments pursuant to 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 shall be in writing and must be received by made until the Company during the seven-8th day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by ExecutiveAgreement.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Sources: Separation and Release Agreement (Post Holdings, Inc.), Separation and Release Agreement (Post Holdings, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ [_________, 202 2020], and informed that Executive he had [twenty-one (21)] days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]C▇▇▇▇ ▇▇▇▇▇), [Insert Address]1▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Sources: Employment Agreement (TILT Holdings Inc.), Employment Agreement (TILT Holdings Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ [_________, 202 202__], and informed that Executive had [twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ [_____________]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Sources: Employment Agreement (Surf Air Mobility Inc.), Employment Agreement (Surf Air Mobility Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-twenty- one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Sources: Employment Agreement (Surf Air Mobility Inc.), Employment Agreement (Surf Air Mobility Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) : [A] In return for this Release Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing entering into this Release Agreement;
(b) ; [B] Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) ; [C] Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it; [D] Executive was given a copy of this Release Agreement on [ _______, 202 ], 20___ and informed that Executive he had [twenty-twenty one (21)] ) days within which to consider this Release Agreement and that if Executive he wished to execute this Release Agreement prior to the expiration of such 21-day period, he should execute the Endorsement attached hereto; [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)E] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righthis right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), ; [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) F] Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.law.2
Appears in 2 contracts
Sources: Employment Agreement (Citizens First Corp), Employment Agreement (Citizens First Corp)
ADEA Waiver. Executive expressly Employee acknowledges that Employee is knowingly and agrees that by entering into this Agreement, Executive is voluntarily waiving and releasing any and all rights or claims that Executive Employee may have arising under the Federal Age Discrimination in Employment Act of 1967, as amended (the “ADEAADEA Waiver”), ) and that this waiver and release the consideration given for the ADEA Waiver is knowing and voluntaryin addition to anything of value to which Employee is already entitled. Executive and the Company agree that this waiver and release Employee further acknowledge that: (a) Employee’s ADEA Waiver does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Employee executes this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
; (b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to Employee should consult with an attorney before signing prior to executing this Agreement;
; (c) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [twenty-one Employee has 21 calendar days from the employment end date (21)] days the “Release Deadline”) within which to consider this Agreement and that if Executive wished (although Employee may choose to execute this Agreement prior earlier); (d) Employee have 7 calendar days following the execution of this Agreement to the expiration revoke Employee’s execution of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider e) the execution of this Agreement would not and will not be re-started or extended based on effective until the eighth day after Employee executes this Agreement provided that Employee has not revoked it. Employee agrees that any changesmodifications, whether material or immaterialotherwise, that are or were made to this Agreement do not restart or affect in such [twentyany manner the original 21-one (21)] day consideration period after Executive received it;
(d) Executive was informed provided in this section. To revoke Employee’s execution of this Agreement, Employee must email the Company notice of revocation at the email address listed below to the end of the 7-day period. Employee acknowledges that Executive had seven (7) days following the date of Employee’s execution of this Agreement is knowing and voluntary. The offer to any amount beyond the Accrued Benefits described in which to revoke this Agreement, and Section 2 of this Agreement will become null and void be automatically withdrawn if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises Employee does not execute this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received Agreement within the seven-day period following execution of this Agreement by ExecutiveRelease Deadline.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 2 contracts
Sources: Executive Employment Agreement (Socket Mobile, Inc.), Executive Employment Agreement (Socket Mobile, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into As a part of this Agreement, Executive is waiving Employee expressly agrees to the release of any and all rights or claims that Executive may have arising under out of the U.S. Age Discrimination in Employment Act of 1967(29 U.S.C. § 621, et seq.) as amended (amended, including the “ADEA”)U.S. Older Workers Benefit Protection Act, and that this waiver their implementing regulations, and release is knowing and voluntary. 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 Executive signs this Agreement. Executive further expressly in connection with such waiver, Employee acknowledges and agrees confirms that:
(a) In return for a. Employee has read this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this AgreementAgreement in its entirety and understands all of its terms;
(b) Executive is ▇▇▇▇▇▇ b. Employee has been advised in writing by this Agreement to consult with an attorney before prior to signing this Agreement;
(c) Executive was given a copy of c. The Separation Benefits to Employee pursuant to this Agreement on [ , 202 ], constitute special benefits that the Company is providing in its discretion due to Employee’s unique circumstances and informed that Executive had [Employee is not otherwise entitled to receive;
d. No rights or claims are released or waived that might arise after Employee signs this Agreement;
e. Employee has twenty-one (21)] ) calendar days from Employee’s receipt of this Agreement and the Second General Release within which to consider whether or not to sign it. However, under no circumstances shall Employee sign the Second General Release prior to the Separation Date. In the event Employee signs this Agreement and that if Executive wished returns it to execute this Agreement Holding prior to the expiration end of such [21]-day the 21-day consideration period, Employee hereby acknowledges that Employee has freely and voluntarily chosen to waive the time period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executiveallotted for considering this Agreement;
f. Employee has seven (7) calendar days following Employee’s signature of this Agreement to revoke this Agreement;
g. This Agreement shall not become effective or enforceable until immediately after the revocation period of seven (7) days has expired without Employee exercising Employee’s right to have [twenty-one revoke this Agreement (21“Expiration of Revocation Period”)] days ;
h. If, after signing, Employee chooses to consider revoke this Agreement; and that such [twenty-one (21)] day period to consider , Employee must do so by notifying the authorized representative signing this Agreement would not and will not be re-started or extended based on any changesbehalf of Holding, in writing; and
i. Changes to this Agreement, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (do not restart the running of the 21)] day period after Executive received it;
(d) Executive was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day consideration period following execution of this Agreement by Executivereferenced above.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Confidential Transition, Separation, and Release of Claims Agreement (Liqtech International Inc)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Separation Agreement, Executive she is waiving any and all rights or claims that Executive she may have arising under the Age Discrimination in Employment Act of 1967ADEA, as amended (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights which have arisen on or claims that may arise under the ADEA after before the date Executive signs of execution of this Separation Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Separation Agreement, Executive she will receive consideration beyond that which Executive she was already entitled to receive before executing entering into this Separation Agreement;
(b) Executive She is ▇▇▇▇▇▇ hereby advised in writing by this Separation Agreement to consult with an attorney before signing this Separation Agreement;
(c) Executive She has voluntarily chosen to enter into this Separation Agreement and has not been forced or pressured in any way to sign it;
(d) She was given a copy of this Separation Agreement on [ July 18, 202 ], 2008 and informed that Executive she had [twenty-one (21)] ) days within which to consider this the Separation Agreement and that if Executive she wished to execute this Separation Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily 21-day period, she should execute the Acknowledgement and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received itWaiver attached hereto as Exhibit C;
(de) Executive She was informed that Executive had she has seven (7) days following the date of execution of this Separation Agreement in which to revoke this Separation Agreement, and this Separation Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righther right of revocation, neither the Company nor Executive will have any obligation obligations under this Separation Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.; and
(ef) Nothing in this Separation Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Separation and General Release Agreement (KI NutriCare, Inc.)
ADEA Waiver. In exchange for material portions of the additional pay and benefits provided by the Separation Consideration under this Agreement and, in accordance with the Older Workers Benefit Protection Act, Executive expressly acknowledges and agrees that that, by entering into this Agreement, Executive he is knowingly and voluntarily waiving any and all rights and releasing all Claims and claims, known or claims that Executive may have unknown, arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive and he may have otherwise had against the Company agree that this waiver and release does not apply Employer or any Released Party up to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive further also expressly acknowledges and agrees that:
(a) In 8.1 in return for this Agreement, Executive will receive consideration consideration, that is, something of value, beyond that to which Executive he was already entitled to receive entitled, before executing entering into this Agreement;
(b) 8.2 Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) 8.3 Executive was given a copy of this Agreement on [ , 202 ], and is informed that Executive had [he has twenty-one (21)] ) calendar days within which from the date that this Agreement was presented to him, to consider whether to sign and accept the terms of this Agreement and that that, if Executive wished to execute he signs this Agreement prior to the expiration of such [21]-day period Executive twenty-one (21)-day period, he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; and . Executive agrees that such [any modifications, material or otherwise, made to this Agreement will not restart or affect in any manner the original twenty-one (21)] ) calendar day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive 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 the Company during the seven-day revocation consideration period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) 8.4 Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
8.5 Executive is informed that he has seven (7) days following the date that he signs this Agreement during which he may revoke it. This Agreement will become null and void if Executive elects revocation during that time. In the event that Executive fails to so notify the Employer, he will be deemed to have waived his right of revocation. If Executive exercises his right of revocation, neither the Employer nor Executive will have any obligations under this Agreement. Any revocation within this period must be submitted, in writing, to CalAmp and state, “I hereby revoke my acceptance of the Separation Agreement and General Release.” This revocation must be personally delivered to ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, or mailed to CalAmp, ATTN: ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Senior Vice President of Human Resources, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, Suite 250, Irvine, California 92618, and postmarked within seven (7) calendar days of execution of this Agreement. This Agreement will not become effective or enforceable until the revocation period has expired. If the last day of the revocation period is a Saturday, Sunday, or legal holiday in the state in which Executive was employed at the time of his last day of employment, then the revocation period will not expire until the next following day which is not a Saturday, Sunday, or legal holiday.
Appears in 1 contract
Sources: Separation Agreement (CalAmp Corp.)
ADEA Waiver. Executive expressly acknowledges You acknowledge that your waiver and agrees that by entering into this Agreement, Executive is waiving release hereunder of any and all rights or claims that Executive 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. Executive 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 Executive signs this AgreementSeparation Agreement is executed. Executive 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 Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to You should consult with an attorney before signing prior to executing this Separation Agreement;
; (cb) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [You have twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] ) days to consider this AgreementSeparation Agreement (although You may, by your own choice, execute this Separation Separation Agreement Exhibit A Agreement earlier); and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(dc) Executive was informed that Executive had You have seven (7) days following the date of execution of this Separation Agreement in which by You to revoke the Separation Agreement; and (d) this Separation 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 Agreement will become null and void if Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises within seven (7) days following your signature on this revocation right, neither the Company nor Executive will have any obligation under this Separation Agreement. Any notice The only Claims excluded from this release are claims relating to breach or enforceability of revocation should be sent by Executive in writing 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 agency claim. This waiver and release is effective to the Company (attention [ ]), [Insert Address], so that it is received within full extent the seven-day period following execution of this Agreement by Executivelaw permits You to release 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 Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges You acknowledge that Your waiver and agrees that by entering into this Agreement, Executive is waiving release hereunder of any and all rights or claims that Executive 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. Executive 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 Executive signs this AgreementSeparation Agreement is executed. Executive 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 Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to You should consult with an attorney before signing prior to executing this Separation Agreement;
; (cb) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [You have twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] ) days to consider this AgreementSeparation Agreement (although You may, by Your own choice, execute this Separation Agreement earlier); and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(dc) Executive was informed that Executive had You have seven (7) days following the date of execution of this Separation Agreement in which by You to revoke the Separation Agreement; and (d) this Separation 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 Agreement will become null and void if Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises within seven (7) days following Your signature on this revocation right, neither the Company nor Executive will have any obligation under this Separation Agreement. Any notice The only Claims excluded from this release are claims relating to breach or enforceability of revocation should be sent by Executive in writing 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 agency claim. This waiver and release is effective to the Company (attention [ ]), [Insert Address], so that it is received within full extent the seven-day period following execution of this Agreement by Executivelaw permits You to release 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 Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ [_________, 202 20___], and informed that Executive he had [twenty-one (21)] days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ [_____________]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Separation Agreement, Executive he is waiving any and all rights or claims that Executive he may have arising under the Age Discrimination in Employment Act of 1967ADEA, as amended (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights which have arisen on or claims that may arise under the ADEA after before the date Executive signs of execution of this Separation Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Separation Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing entering into this Separation Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Separation Agreement to consult with an attorney before signing this Separation Agreement;
(c) Executive He has voluntarily chosen to enter into this Separation Agreement and has not been forced or pressured in any way to sign it;
(d) He was given a copy of this Separation Agreement on [ July 18, 202 ], 2008 and informed that Executive he had [twenty-one (21)] ) days within which to consider this the Separation Agreement and that if Executive he wished to execute this Separation Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily 21-day period, he should execute the Acknowledgement and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received itWaiver attached hereto as EXHIBIT C;
(de) Executive He was informed that Executive had he has seven (7) days following the date of execution of this Separation Agreement in which to revoke this Separation Agreement, and this Separation Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righthis right of revocation, neither the Company nor Executive will have any obligation obligations under this Separation Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.; and
(ef) Nothing in this Separation Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Separation and General Release Agreement (Allergy Research Group Inc)
ADEA Waiver. In exchange for material portions of the additional pay and benefits provided by the Separation Consideration under this Agreement and, in accordance with the Older Workers Benefit Protection Act, Executive expressly acknowledges and agrees that that, by entering into this Agreement, Executive he is knowingly and voluntarily waiving any and all rights and releasing all Claims and claims, known or claims that Executive may have unknown, arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive and he may have otherwise had against the Company agree that this waiver and release does not apply Employer or any Released Party up to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive further also expressly acknowledges and agrees that:
(a) In 8.1 in return for this Agreement, Executive will receive consideration consideration, that is, something of value, beyond that to which Executive he was already entitled to receive entitled, before executing entering into this Agreement;
(b) 8.2 Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) 8.3 Executive was given a copy of this Agreement on [ , 202 ], and is informed that Executive had [he has twenty-one (21)] ) calendar days within which from the date that this Agreement was presented to him, to consider whether to sign and accept the terms of this Agreement and that that, if Executive wished to execute he signs this Agreement prior to the expiration of such [21]-day period Executive twenty-one (21)-day period, he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; and . Executive agrees that such [any modifications, material or otherwise, made to this Agreement will not restart or affect in any manner the original twenty-one (21)] ) calendar day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive 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 the Company during the seven-day revocation consideration period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) 8.4 Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
8.5 Executive is informed that he has seven (7) days following the date that he signs this Agreement during which he may revoke it. This Agreement will become null and void if Executive elects revocation during that time. In the event that Executive fails to so notify the Employer, he will be deemed to have waived his right of revocation. If Executive exercises his right of revocation, neither the Employer nor Executive will have any obligations under this Agreement. Any revocation within this period must be submitted, in writing, to CalAmp and state, “I hereby revoke my acceptance of the Separation Agreement and General Release.” This revocation must be personally delivered to ▇▇▇▇ ▇▇▇▇▇, or mailed to CalAmp, ATTN: Chairman of the Board, c/o ▇▇▇▇▇▇▇ ▇▇▇▇▇, Senior Vice President, General Counsel & Corporate Secretary, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, Suite 250, Irvine, California 92618, and postmarked within seven (7) calendar days of execution of this Agreement. This Agreement will not become effective or enforceable until the revocation period has expired. If the last day of the revocation period is a Saturday, Sunday, or legal holiday in the state in which Executive was employed at the time of his last day of employment, then the revocation period will not expire until the next following day which is not a Saturday, Sunday, or legal holiday.
Appears in 1 contract
Sources: Separation Agreement (CalAmp Corp.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive he is waiving any and all rights or claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Release Agreement, Executive he will receive consideration under the Transition Agreement beyond that which Executive he was already entitled to receive before executing entering into this Release Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) Executive He was given a copy of this Release Agreement on [ December 8, 202 ], 2015 and informed that Executive he had [twenty-one (21)] ) days within which to consider this Release Agreement and that if Executive he wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily 21-day period, he should execute the Acknowledgement and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received itWaiver attached hereto as Exhibit B-1;
(d) Executive was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs 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 Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Employer during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Employer nor Executive will have any obligation under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Employer (attention ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇), ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, so that it is received within the seven-day period following execution of this Release Agreement by Executive. Executive agrees to also promptly provide a copy of any such notice to the board of directors of each Employer.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) B. Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [ [_________________, 202 ], 20__] and informed that Executive he or she had [twenty-twenty one (2121)/forty five (45)] days within which to consider this Release Agreement and that if Executive he or she wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)day/45-day] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started period, he or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received itshe should execute the Endorsement attached hereto;
(d) E. Executive was informed that Executive he or she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righthis right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive and which have arisen on or before 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 Executive signs this AgreementTermination Date. Executive further expressly acknowledges and agrees that:
(a) A. In return for this Release Agreement, the Executive will be entitled to receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) B. Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) C. Executive was given a copy of has voluntarily chosen to enter into this Release Agreement on [ , 202 ], and has not been forced or pressured in any way to sign it;
D. Executive is hereby informed that Executive had [he has twenty-one (21)] ) days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Release Agreement;
E. Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was hereby informed that Executive had he has seven (7) days following the date of execution of he executes this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received delivered personally or sent by facsimile or certified or registered mail, postage prepaid, to the Company during the seven-day revocation period. , as follows: Catalyst Health Solutions, Inc. ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: General Counsel In the event that Executive timely exercises this revocation righthis right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.; and
(e) F. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Separation and Release Agreement (Catalyst Health Solutions, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) B. Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [ , 202 ], 20 ] and informed that Executive he or she had [twenty-twenty one (2121)/forty five (45)] days within which to consider this Release Agreement and that if Executive he or she wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)day/45-day] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started period, he or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received itshe should execute the Endorsement attached hereto;
(d) E. Executive was informed that Executive he or she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righthis or her right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.;
(e) F. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.law.2 ________________________ 2Whether the Executive has 21 days, 45 days, or some other period in which to consider the Release Agreement will be determined with reference to the requirements of the ADEA in order for such waiver to be valid in the circumstances. The determination referred to in the preceding sentence shall be made by the Company in its sole discretion. In any event, the Release Agreement will include the Executive’s acknowledgements and agreements set forth in clauses 4.A, 4.B, and 4.C.
Appears in 1 contract
Sources: Employment Agreement (Hcp, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that that, by entering into this Agreement, Executive is waiving any and all rights or claims that Executive he may have arising under the Age Discrimination in Employment Act of 1967Act, as amended (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights which have arisen on or claims that may arise under the ADEA after before the date Executive that he signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration compensation beyond that which Executive was already entitled to receive before executing entering into this Agreement;
(b) Executive is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ , 202 ], and is hereby informed that (i) Executive had [twenty-one (21)] has 21 days within which to consider the Agreement, (ii) the 21-day period to consider this Agreement will not re-start or be extended if any changes (whether material or immaterial) are made to this Agreement after the date it is first provided to Executive, and that (iii) if Executive wished to execute signs this Agreement prior to before the expiration end of such [21]-day period 21-day period, Executive acknowledges and agrees that Executive will have done so voluntarily and with full knowledge that Executive is was waiving Executive’s his right to have [twenty-one (21)] 21 days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was is hereby informed that Executive had he has seven (7) days following the date of execution of that he signs this Agreement in which to revoke this Agreementwaiver of ADEA claims, and that this Agreement waiver of ADEA claims will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company (delivered to its Chief Executive Officer) during the seven-day revocation period. In the event that Executive exercises his right to revoke this revocation rightAgreement, the Agreement shall be null and void and neither the Company nor Executive will have any obligation rights or obligations under this Agreement. Any notice of revocation should Agreement and Executive will not be sent by Executive in writing entitled to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.benefits set forth in Section 3; and
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly (a) Employee acknowledges that Employee is knowingly and agrees voluntarily waiving and releasing any rights that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive Employee may have arising under the federal Age Discrimination in Employment Act of 1967, as amended (the “ADEA”). 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, and that this waiver and release is knowing and voluntaryas required by the ADEA, that:
(1). Executive and the Company agree that this Employee’s waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs that this Agreement. Executive further expressly acknowledges and agrees that:Agreement is executed by Employee;
(a) In return for 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 prior to executing this Agreement, Executive will receive consideration beyond that which Executive was already entitled and accordingly Employee is advised to receive before consult with an attorney prior to executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing 4). If a dispute arises over whether the requirements for a valid waiver under the ADEA are met by this Agreement to consult with an attorney before signing this Agreement, then the party asserting the validity of the waiver bears the burden of proving its validity;
(c) Executive was given a copy 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 on [ , 202 ], and informed that Executive had (the “Consideration Period”) although Employee may choose to voluntarily execute this Agreement earlier;
(7). If Employee signs this Agreement prior to the expiration of the [twenty-one (21)] days within which to consider this Agreement [forty five (45)] day period, Employee waives the remainder of that period; and that if Executive wished to execute this Agreement prior to Employee waives the expiration restarting of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have the [twenty-one (21)] days to consider this Agreement; and that such [twenty-one forty five (2145)] day period to consider this Agreement 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 Agreement in such [twenty-one (21)] day period after Executive received itnot material;
(d) Executive was informed that Executive had 8). Employee has seven (7) calendar days following the date of execution of this Agreement in which to revoke this Agreement, and this the Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by (the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]“Revocation Period”), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.; and
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive she may have arising 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. under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ [_________, 202 202__], and informed that Executive he or she had [twenty-one (21)] days within which to consider this Agreement and that if Executive he or she wished to execute this Agreement prior to the expiration of such [21]-day period Executive he or she will have done so voluntarily and with full knowledge that Executive is waiving Executive’s his or her right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ [_____________]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive Employee expressly acknowledges and agrees that that, by entering into this Agreement, Executive [he/she] is waiving any and all rights or claims that Executive [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. Executive 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 Executive signs of execution of this Agreement. Executive Employee further expressly acknowledges and agrees that:
(a) a. In return for this Agreement, Executive Agreement [he/she] will receive consideration compensation beyond that which Executive [he/she] already was already entitled to receive before executing entering into this Agreement;
(b) Executive b. [He/She] is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive c. [He/She] was given a copy of this Agreement on [ ___________, 202 ]200_, and informed that Executive (i) [he/she] had [twenty-one (21)] 21 days within which to consider the Agreement; (ii) the 21-day period to consider this Agreement and that will not re-start or be extended if Executive wished changes (whether material or immaterial) are made to execute this Agreement prior after the date it is first provided to Employee; (iii) Employee may waive the expiration 21-day period; and (iv) if Employee signs this Agreement before the end of such [21]-day period Executive 21-day period, Employee acknowledges and agrees that Employee will have done so voluntarily and with full knowledge that Executive Employee is waiving Executive’s [his/her] right to have [twenty-one (21)] 21 days to consider this Agreement; and that such .
d. [twenty-one (21)He/She] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had [he/she] has seven (7) days following the date of execution of that Employee signs this Agreement in which to revoke this the Agreement, and that this Agreement will become null and void if Executive Employee elects revocation during that time. Any revocation must be in writing and must be received by the Company RGP (delivered to [insert name of ER Director]) during the seven-day revocation period. In the event that Executive Employee exercises this revocation right[his/her] right of revocation, neither the Company RGP nor Executive Employee will have any obligation obligations under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) e. Nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly Employee acknowledges and agrees that by entering into this Agreement, Executive Employee is waiving and releasing any and all rights or claims that Executive 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. Executive and the Company agree Employee agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive Employee 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 acknowledges and agrees that Employee has been advised by this writing that:
: (a) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to Employee should consult with an attorney before signing prior to executing this Agreement;
; (cb) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [Employee has twenty-one (21)] ) days from the Separation Date (as defined in the Separation Agreement) within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(dc) Executive was informed that Executive had Employee has seven (7) days following the date of Employee’s execution of this Agreement in which to revoke this Agreement, and ; (d) this Agreement will become null shall not be effective until after the revocation period has expired; and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that Employee has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. Employee acknowledges and understands that revocation must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The parties agree that changes, whether material or immaterial, do not restart the running of the 21-day period.
Appears in 1 contract
Sources: Separation Agreement (Servicesource International, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive and which have arisen on or before 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 Executive signs this AgreementResignation Date. Executive further expressly acknowledges and agrees that:
(a) a. In return for this AgreementRelease Agreement and the Bring Down Release, the Executive will be entitled to receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) b. Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) c. Executive was given a copy of has voluntarily chosen to enter into this Release Agreement on [ , 202 ], and has not been forced or pressured in any way to sign it;
d. Executive is hereby informed that Executive had [he has twenty-one (21)] ) days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Release Agreement;
e. Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was hereby informed that Executive had he has seven (7) days following the date of execution of he executes this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received delivered personally or sent by facsimile or certified or registered mail, postage prepaid, to the Company during the seven-day revocation period, as follows: Catalyst Health Solutions, Inc. ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, General Counsel In the event that Executive timely exercises his right of revocation under this revocation rightRelease Agreement or the Bring Down Release, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.; and
(e) f. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Voluntary Separation and Release Agreement (Catalyst Health Solutions, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ [_________, 202 202__], and informed that Executive he or she had [twenty-one (21)] days within which to consider this 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 Executive he or she wished to execute this Agreement prior to the expiration of such [21]-day period Executive he or she will have done so voluntarily and with full knowledge that Executive is waiving Executive’s his or her right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ [_____________]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) B. Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [ , 202 ], 20 ] and informed that Executive she had [twenty-twenty one (2121)/forty five (45)] days within which to consider this Release Agreement and that if Executive she wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)day/45-day] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changesperiod, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received itshe should execute the Endorsement attached hereto;
(d) E. Executive was informed that Executive she had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation rightExecutive’s right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.;
(e) F. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Agreement (NCL CORP Ltd.)
ADEA Waiver. Executive Employee expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. Executive 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 Executive Employee signs this Agreement. Executive Employee further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ , 202 ][_____________, and informed that Executive he had [twenty-one (21)] ) days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; and that such [twenty-one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] ) day period after Executive he received it;
(d) Executive He was informed that Executive he had seven (7) days following the date of execution of this Agreement by him in which to revoke this Agreement, and this Agreement will become null and void if Executive Employee elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive Employee exercises this revocation right, neither the Company nor Executive Employee will have any obligation under this Agreement. Any notice of revocation should be sent by Executive Employee in writing to the Company (attention [ ]), [Insert Address], Chief Executive Officer) to the address of the Company’s principal executive offices so that it is received within the seven-day period following execution of this Agreement by ExecutiveEmployee.
(e) Nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Executive Employment Agreement (Electronics for Imaging Inc)
ADEA Waiver. Executive expressly acknowledges and agrees that that, by entering into this Agreement, Executive is waiving any and all rights or claims that Executive he may have arising under the Age Discrimination in Employment Act of 1967Act, as amended (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights which have arisen on or claims that may arise under the ADEA after before the date Executive that he signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration compensation beyond that which Executive was already entitled to receive before executing entering into this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ , 202 ], and is hereby informed that (i) Executive had [twenty-one (21)] has 21 days within which to consider the Agreement, (ii) the 21-day period to consider this Agreement will not re-start or be extended if any changes (whether material or immaterial) are made to this Agreement after the date it is first provided to Executive, and that (iii) if Executive wished to execute signs this Agreement prior to before the expiration end of such [21]-day period 21- day period, Executive acknowledges and agrees that Executive will have done so voluntarily and with full knowledge that Executive is was waiving Executive’s his right to have [twenty-one (21)] 21 days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was is ▇▇▇▇▇▇ informed that Executive had he has seven (7) days following the date of execution of that he signs this Agreement in which to revoke this Agreementwaiver of ADEA claims, and that this Agreement waiver of ADEA claims will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company (delivered to its Chief Executive Officer) during the seven-day revocation period. In the event that Executive exercises his right to revoke this revocation rightAgreement, the Agreement shall be null and void and neither the Company nor Executive will have any obligation rights or obligations under this Agreement. Any notice of revocation should Agreement and Executive will not be sent by Executive in writing entitled to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.benefits set forth in Section 3; and
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Transition Agreement
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ [, 202 2021], and informed that Executive he had [twenty-one (21)] days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]M▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇), [Insert Address]2▇▇▇ ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) B. Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [ November 21, 202 ], 2007 and informed that Executive he had [twenty-twenty one (21)] ) days within which to consider this Release Agreement and that if Executive he wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changesperiod, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received ithe should execute the Endorsement attached hereto;
(d) E. Executive was informed that Executive he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righthis right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.;
(e) F. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Resignation Agreement (Pacific Sunwear of California Inc)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ September 30, 202 ]2016, and informed that Executive he had [twenty-one (21)] ) days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; and that such [twenty-one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] ) day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, then (1) neither the Company nor Executive will have any obligation under this Agreement or under the Consulting Agreement, and (2) the Effective Date Option shall terminate and Executive shall have no further right with respect thereto or in respect thereof. Any notice of revocation should be sent by Executive in writing to in accordance with the Company (attention [ ]), [Insert Address], notice provisions set forth below in this Agreement so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Separation and Release Agreement (Cti Biopharma Corp)
ADEA Waiver. Executive expressly acknowledges that his waiver and agrees that by entering into this Agreement, Executive is waiving release hereunder of any and all rights or claims that Executive he 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. Executive He certifies that he has read, has received an explanation of, and understands the Company provisions of this release of claims. The parties agree that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this AgreementAgreement is executed. Executive further expressly acknowledges and agrees that:
that he has been advised by this writing, as required by the Older Workers Benefit Protection Act, that (a) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to he should consult with an attorney before signing prior to executing this Agreement;
; (cb) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [he has twenty-one (21)] ) days within which to consider this Agreement and that if Executive wished to (although he may, by his own choice, execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one earlier); (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(dc) Executive was informed that Executive had he has seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
him to revoke the Agreement; and (ed) Nothing in this Agreement prevents shall not be effective until the Effective Date (which is after the revocation period has expired). The foregoing release does not apply to claims relating to breach or precludes enforceability of this Agreement and Release, Executive’s right to file a complaint with a governmental agency, or claims arising after the execution of this Agreement and Release. However, with respect to agency complaints, Executive understands and agrees that he is expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from challenging the agency claim. This waiver and release is effective to the full extent the law permits him to release his individual claims. It does not affect accrued reimbursement rights he may currently possess under any health insurance coverage or seeking accrued rights he may have under any retirement plan after termination. Through this release Executive is fully, finally, and for all times settling and releasing all disputes and differences within the scope of matters known or unknown, suspected or unsuspected, which now exist, or may have existed between Executive, the Company and/or Associated Persons, on or before the date of this Agreement and Release. In furtherance of this intention, this release shall be and remain in effect as a determination full and complete release of claims arising on or before the date of this Agreement and Release notwithstanding the discovery or existence of any such additional or different Claim or fact. The provisions of any law, regulation, statue or ordinance providing in good faith substance that releases shall not extend to Claims, damages or injuries which are unknown or unsuspected to exist at the time the person executes the release are hereby expressly waived by Executive. This Agreement and Release is not intended to and does not release or reduce any indemnification rights possessed by Executive or any rights to insurance coverage afforded to Executive by virtue of his service as a director and/or officer 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 lawCompany.
Appears in 1 contract
Sources: Confidential Separation Agreement and Release of Claims (SCOLR Pharma, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ [_________, 202 202__], and informed that Executive he had [twenty-one (21)] days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ [_____________]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Agreement (Cepton, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ August 8, 202 ]2017, and informed that Executive he had [twenty-one (21)] ) days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; and that such [twenty-one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] ) day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, then neither the Company nor Executive will have any obligation under this Agreement or under the Consulting Agreement. Any notice of revocation should be sent by Executive in writing to in accordance with the Company (attention [ ]), [Insert Address], notice provisions set forth below in this Agreement so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Separation and Release Agreement (Cti Biopharma Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Release Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing entering into this Release Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Release Agreement that Executive has the right to and should consult with an attorney before signing this Release Agreement;
(c) Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
(d) Executive was given a copy of this Release Agreement on [ November 1, 202 ], 2022 and informed that Executive he had [twenty-one (21)] 21 days within which to consider this Release Agreement and that if Executive he wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changesperiod, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received ithe should execute the Endorsement attached hereto;
(de) Executive was informed that Executive he had seven (7) days following the date of his execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation revokes this Release Agreement during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righthis right of revocation, neither the Company nor Executive will have any obligation obligations under this Agreement. Any notice of revocation should be sent by Release Agreement and Executive in writing will not become entitled to the Company Severance Payment;
(attention [ ])f) Executive understands that this Release Agreement shall become effective, [Insert Address]irrevocable, and binding upon Executive on the eighth (8th) day after his execution of it, so that long as Executive has not revoked it is received within the seven-day time period following execution of this Agreement by Executive.and in the manner specified in clause (e) above;
(eg) Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Supplemental Release Agreement, Executive he is waiving any and all rights or claims that Executive 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. Executive 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 Executive signs of execution of this Supplemental Release Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Supplemental Release Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing entering into this Supplemental Release Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Supplemental Release Agreement to consult with an attorney before signing this Supplemental Release Agreement;
(c) Executive He was given a copy of this Supplemental Release Agreement on [ , 202 ], 2010 and informed that Executive he had [twenty-one (21)] ) days within which to consider this the Supplemental Release Agreement and that if Executive he wished to execute this Supplemental Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily 21-day period, he should execute the Acknowledgement and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received itWaiver attached hereto as Exhibit A-1;
(d) Nothing in this Supplemental Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and
(e) He was informed that Executive had he has seven (7) days following the date of execution of this Supplemental Release Agreement in which to revoke this Supplemental Release Agreement, and this Supplemental Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righthis right of revocation, neither the Company nor Executive will have any obligation obligations to make any payments of provide any benefits under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company Section 4.4(b) or (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(ec) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEAAgreement, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal lawas applicable.
Appears in 1 contract
Sources: Employment Agreement
ADEA Waiver. In exchange for material portions of the additional pay and benefits provided by the Separation Consideration under this Agreement and, in accordance with the Older Workers Benefit Protection Act, Executive expressly acknowledges and agrees that that, by entering into this Agreement, Executive he is knowingly and voluntarily waiving any and all rights and releasing all Claims and claims, known or claims that Executive may have unknown, arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive and he may have otherwise had against the Company agree that this waiver and release does not apply Employer or any Released Party up to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive further also expressly acknowledges and agrees that:
(a) In 8.1 in return for this Agreement, Executive will receive consideration consideration, that is, something of value, beyond that to which Executive he was already entitled to receive entitled, before executing entering into this Agreement;
(b) 8.2 Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) 8.3 Executive is informed that he has 21 calendar days from the date that this Agreement was given a copy presented to him, to consider whether to sign and accept the terms of this Agreement on [ and that, 202 ], and informed that Executive had [twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute he signs this Agreement prior to the expiration of such [21]-day period Executive 21-day period, he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] 21 days to consider this Agreement; and . Executive agrees that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changesmodifications, whether material or immaterialotherwise, that are or were made to this Agreement will not restart or affect in such [twenty-one (21)] any manner the original 21 calendar day period after Executive received it;
(d) Executive was informed that Executive 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 the Company during the seven-day revocation consideration period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) 8.4 Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
8.5 Executive is informed that he has 7 days following the date that he signs this Agreement during which he may revoke it. This Agreement will become null and void if Executive elects revocation during that time. In the event that Executive fails to so notify the Employer, he will be deemed to have waived his right of revocation. If Executive exercises his right of revocation, neither the Employer nor Executive will have any obligations under this Agreement. Any revocation within this period must be submitted, in writing, to CalAmp and state, “I hereby revoke my acceptance of the Separation Agreement and General Release.” This revocation must be personally delivered to ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, or mailed to CalAmp, ATTN: ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Senior Vice President of Human Resources, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, Suite 250, Irvine, California 92618, and postmarked within 7 calendar days of execution of this Agreement. This Agreement will not become effective or enforceable until the revocation period has expired. If the last day of the revocation period is a Saturday, Sunday, or legal holiday in the state in which Executive was employed at the time of his last day of employment, then the revocation period will not expire until the next following day which is not a Saturday, Sunday, or legal holiday.
Appears in 1 contract
Sources: Separation Agreement (CalAmp Corp.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Release Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing entering into this Release Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Release Agreement that Executive has the right to and should consult with an attorney before signing this Release Agreement;
(c) Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
(d) Executive was given a copy of this Release Agreement on [ October 6, 202 ], 2022 and informed that Executive he had [twenty-one (21)] 21 days within which to consider this Release Agreement and that if Executive he wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changesperiod, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received ithe should execute the Endorsement attached hereto;
(de) Executive was informed that Executive he had seven (7) days following the date of his execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation revokes this Release Agreement during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righthis right of revocation, neither the Company nor Executive will have any obligation obligations under this Agreement. Any notice of revocation should be sent by Release Agreement and Executive in writing will not become entitled to the Company Severance Benefits;
(attention [ ])f) Executive understands that this Release Agreement shall become effective, [Insert Address]irrevocable, and binding upon Executive on the eighth (8th) day after his execution of it, so that long as Executive has not revoked it is received within the seven-day time period following execution of this Agreement by Executive.and in the manner specified in clause (e) above;
(eg) Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ March 13, 202 ]2018, and informed that Executive he had [twenty-one (21)] ) days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; and that such [twenty-one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] ) day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]Chief Executive Officer), [Insert Address]▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Retirement Agreement (Sportsman's Warehouse Holdings, Inc.)
ADEA Waiver. Executive expressly acknowledges You acknowledge that you are knowingly and agrees voluntarily waiving and releasing any rights you may have under the ADEA (“ADEA Waiver”). You also acknowledge that by entering you fully understand the terms, conditions, and provisions of this Agreement. You also acknowledge that you have freely and voluntarily entered into this AgreementAgreement without any threat, Executive coercion, or intimidation by any person. You further acknowledge that the consideration given for the ADEA Waiver is waiving any and all rights or claims in addition to anything of value to which you were already entitled. You further acknowledge that Executive may you have arising under the Age Discrimination in Employment Act of 1967been advised by this writing, as amended required by the ADEA, that: (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release a) your ADEA Waiver does not apply to any rights or claims that may arise under the ADEA after the date Executive signs you sign this Agreement. Executive further expressly acknowledges and agrees that:
; (ab) In return for you are not waiving your right, if any, to file a complaint or charge with the EEOC or participate in any investigation or proceeding conducted by the EEOC with respect to an age discrimination claim that arose prior to the Effective Date of this Agreement, Executive will receive consideration beyond but are waiving your right to recover damages or to seek reinstatement pursuant to such complaint or charge; (c) this provision does not purport to waive ADEA rights or claims that which Executive was already entitled to receive before executing may arise from acts or events occurring after the Effective Date of this Agreement;
; (bd) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to you should consult with an attorney before prior to signing this Agreement;
; (ce) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [twenty-one (21)] you have 21 days within which to consider this Agreement and that if Executive wished (although you may choose to execute this Agreement voluntarily sign it sooner provided it is not prior to the expiration of such [21]-day period Executive will first day after your Separation Date); (f) you have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had seven (7) days following the date of execution of you sign this Agreement in which to revoke this Agreementit (“Revocation Period”), with such revocation to be effective only if you deliver written notice of revocation to the Company at within the seven day period; and (e) this Agreement will become null and void if Executive elects not be effective until the date upon which the revocation during that time. Any revocation must period has expired unexercised, which will be in writing and must be received by the Company during the seven-eighth day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of after you sign this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith “Effective Date”). You also understand that the foregoing paragraph does not apply to any challenge you may make regarding the knowing and voluntary nature of the validity release of this waiver your claim for age discrimination, if any, under the ADEA. You also understand, however, that if you pursue a claim against any of the Released Parties for age discrimination under the ADEA, nor does it impose a court has the discretion to determine whether any condition precedentof the Released Parties are entitled to restitution, penalties recoupment, or setoff against a monetary award obtained by you in any proceeding. You also recognize that, as a result of such challenge, the Released Parties may be entitled to recover costs for doing so, unless and attorneys’ fees incurred by them as specifically authorized under applicable law. Notwithstanding the foregoing, you further understand that nothing contained in this Agreement limits your ability to file a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, or any other federal, state or local governmental agency or commission (“Government Agencies”) but is waiving your right to recover damages or to seek reinstatement pursuant to such complaint or charge. You further understand that this Agreement does not limit your ability to communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be conducted by federal lawany Government Agency, including providing documents or other information, without notice to the Company. This Agreement does not limit your right to receive an award for information provided to any Government Agencies.
Appears in 1 contract
ADEA Waiver. Executive Employee further expressly understands and acknowledges and agrees that by entering into this Agreement, Executive Employee is waiving and releasing any and all rights or claims that Executive 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. Executive 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 Executive signs Employee executes this AgreementSupplemental Release. Executive 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 Agreement, Executive will receive consideration beyond that which Executive was already entitled Employee should consult with an attorney prior to receive before executing this Agreement;
Supplemental Release; (b) Executive is Employee has twenty-one (21) days within which to consider this Supplemental Release, by which time the Company must receive an executed copy; (c) Employee has seven (7) days following Employee’s execution of this Supplemental Release to revoke this Supplemental Release, and agrees that any such revocation must be in a writing by email or Federal Express received by ▇▇▇▇▇▇▇ advised in writing ▇▇▇▇▇ by this Agreement to consult with an attorney before signing this Agreement;
midnight on the seventh (c7th) Executive was given a copy day following Employee’s execution of this Agreement on [ , 202 ], and informed that Executive had [twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this AgreementSupplemental Release; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had seven (7) days following this Supplemental Release shall not be effective until after the date of execution of this Agreement in which to revoke this Agreement, revocation period has expired; and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing nothing in this Agreement Supplemental Release prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties penalties, or costs 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. Executive 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 Agreement, Executive is waiving any and all rights or waiver of claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and EMPLOYEE agrees thatas follows:
(a) In return for this AgreementThis AGREEMENT is written in a manner calculated to be understood by EMPLOYEE, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreementand EMPLOYEE understands it;
(b) Executive This AGREEMENT provides consideration to EMPLOYEE in addition to anything else EMPLOYEE is 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 —▇▇▇▇▇▇ advised in writing by ▇▇▇
(d) EMPLOYEE has seven (7) days after signing this Agreement 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 Agreement;Agreement and, to the extent desired, EMPLOYEE has done so; and
(cf) Executive was given a copy of EMPLOYEE does not waive rights or claims under the ADEA that may arise after the date this Agreement on [ , 202 ], and informed that Executive had [twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had seven (7) days following the date of execution of this Agreement in which executed. If EMPLOYEE wishes to revoke this AgreementAGREEMENT, and EMPLOYEE must deliver written notice via email, stating EMPLOYEE’S intent to revoke to ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, E-mail address: ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ on or before 5:00 p.m. on the seventh (7Ih) day after the date on which you sign this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by ExecutiveAGREEMENT.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: General Release and Separation Agreement (Farmer Brothers Co)
ADEA Waiver. Executive expressly acknowledges You acknowledge that Your waiver and agrees that by entering into this Agreement, Executive is waiving release hereunder of any and all rights or claims that Executive 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. Executive 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 Executive signs this AgreementSeparation Agreement is executed. Executive 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 Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to You should consult with an attorney before signing prior to executing this Separation Agreement;
; (cb) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [You have twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] ) days to consider this AgreementSeparation Agreement (although You may, by Your own choice, execute this Separation Agreement earlier); and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(dc) Executive was informed that Executive had You have seven (7) days following the date of execution of this Separation Agreement in which by You to revoke the Separation Agreement; and (d) this Separation 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 Agreement will become null and void if Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises within seven (7) days following Your signature on this revocation right, neither the Company nor Executive will have any obligation under this Separation Agreement. Any notice Separation Agreement Exhibit A The only Claims excluded from this release are (a) Claims relating to breach or enforceability of revocation should 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 cannot be sent by Executive in writing released under applicable law, and (d) 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 agency Claim. This waiver and release is effective to the Company (attention [ ]), [Insert Address], so that it is received within full extent the seven-day period following execution of this Agreement by Executivelaw permits You to release 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 Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ _________, 202 ]20 , and informed that Executive he had [twenty-one (21)] ) days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; and that such [twenty-one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] ) day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]_____________), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Agreement (Evolus, Inc.)
ADEA Waiver. Executive expressly The Employee acknowledges and agrees that by entering into this Agreement, Executive the Employee is hereby waiving and releasing any and all age claims or rights or claims that Executive 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. Executive 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 Executive signs the Employee executes this Agreement. Executive 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 Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to the Employee should consult with an attorney before signing prior to executing this Agreement;
; (cb) Executive was given a copy the Employee has had at least forty-five (45) days from receipt of this Agreement on [ , 202 ], and informed that Executive had [twenty-one (21)] days within which to consider this Agreement whether to execute it and that if Executive wished release any age claim under the ADEA. If the Employee chooses to execute this Agreement prior to before the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty45-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not has elapsed, the Employee does so knowingly and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one voluntarily; (21)] day period after Executive received it;
(dc) Executive was informed that Executive had the Employee has seven (7) days following the date of Employee’s 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 the Employee’s signature by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any providing written notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], 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 Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEAaddress: Pacific Mercantile Bancorp ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, nor does it impose any condition precedent▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇, penalties or costs for doing so, unless specifically authorized by federal law.▇▇ ▇▇▇▇▇ Attention: Chief Financial Officer SMRH:4838-6792-2589.6 -3-
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ June 16, 202 ]2022, and informed that Executive he had [twenty-one (21)] ) days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; and that such [twenty-one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] ) day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement or under the Separation Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]attention: Chief Executive Officer at ▇.▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. In exchange for material portions of the additional pay and benefits provided by the Separation Consideration under this Agreement and, in accordance with the Older Workers Benefit Protection Act, Executive expressly acknowledges and agrees that that, by entering into this Agreement, Executive he is knowingly and voluntarily waiving any and all rights and releasing all Claims and claims, known or claims that Executive may have unknown, arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive and he may have otherwise had against the Company agree that this waiver and release does not apply Employer or any Released Party up to any rights or claims that may arise under the ADEA after the date Executive signs Effective Date of this Agreement. Executive further also expressly acknowledges and agrees that:
(a) In 8.1 in return for this Agreement, Executive will receive consideration consideration, that is, something of value, beyond that to which Executive he was already entitled to receive entitled, before executing entering into this Agreement;
(b) 8.2 Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
8.3 Executive is informed that he has forty-five (c45) Executive was given a copy calendar days from the Presentment Date, to consider whether to sign and accept the terms of this Agreement on [ and that, 202 ], and informed that Executive had [twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute he signs this Agreement prior to the expiration of such [21]-day period Executive forty-five (45)-day period, he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twentyforty-one five (21)] 45) days to consider this Agreement; and . Executive agrees that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changesmodifications, whether material or immaterialotherwise, that are or were made to this Agreement will not restart or affect in such [twentyany manner the original forty-one five (21)] 45) calendar day period after Executive received it;
(d) Executive was informed that Executive 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 the Company during the seven-day revocation consideration period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) 8.4 Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
8.5 Executive is informed that he has seven (7) days following the date that he signs this Agreement during which he may revoke it. This Agreement will become null and void if Executive elects revocation during that time. In the event that Executive fails to so notify the Employer, he will be deemed to have waived his right of revocation. If Executive exercises his right of revocation, neither the Employer nor Executive will have any obligations under this Agreement. Any revocation within this period must be submitted, in writing, to CalAmp and state, “I hereby revoke my acceptance of the Separation Agreement and General Release.” This revocation must be personally delivered to ▇▇▇▇▇ ▇▇▇▇▇▇▇, or mailed to CalAmp, ATTN: ▇▇▇▇▇ ▇▇▇▇▇▇▇, Senior Director of Human Resources, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, Suite 250, Irvine, California 92618, and postmarked within seven (7) calendar days of execution of this Agreement or emailed to ▇▇▇▇▇ ▇▇▇▇▇▇▇ at ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇ within seven (7) calendar days of execution of this Agreement. This Agreement will not become effective or enforceable until the revocation period has expired. If the last day of the revocation period is a Saturday, Sunday, or legal holiday in the state in which Executive was employed at the time of his last day of employment, then the revocation period will not expire until the next following day which is not a Saturday, Sunday, or legal holiday.
Appears in 1 contract
Sources: Separation Agreement (CalAmp Corp.)
ADEA Waiver. Executive expressly acknowledges I understand that there may be numerous, valuable rights under federal and agrees that by entering into this Agreementstate law, Executive is waiving any and all including rights or claims that Executive 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. 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 Executive signs 29 U.S.C. § 621, et seq., which I am waiving by executing this Agreement. Executive further expressly acknowledges and agrees In connection with this, I hereby certify that:
(a) In return for a. This Agreement and the Plan are written in a manner that is understandable to me;
b. I am receiving valuable consideration under this Agreement, Executive will receive consideration beyond that Agreement to which Executive was already entitled I would not otherwise be entitled;
c. I have been advised in writing to receive before consult with an attorney prior to executing this Agreement;
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 period of forty-five (b45) Executive is days in which to consider whether to sign this Agreement and to consult with an attorney, accountant, tax advisor, spouse, or any other person. I have either used this full forty-five (45) day period to consider this Agreement, or have voluntarily chosen to execute this Agreement before the end of that period;
f. I understand I have seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). To revoke this Agreement, I must notify Delta of the intent to revoke through a signed statement delivered to R▇▇ ▇▇▇▇▇, Delta Air Lines, Inc., ATG Department 948, 1▇▇▇ ▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ advised ▇▇▇▇▇-▇▇▇▇, or to such other person and address as Delta may designate in writing by writing, on or before the last day of the Revocation Period. I acknowledge that this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changestake effect until the day after the Revocation Period has expired, whether material or immaterial, provided that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had seven (7) days following the date of execution of this Agreement in which to I have not exercised my revocation right. If I revoke this Agreement, it shall immediately be void and 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 become null be fully effective and void enforceable as of the day after the Revocation Period. [Note: if Executive 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 Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive 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. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) : In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive ; He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive ; He was given a copy of this Agreement on [ , 202 ]___________, and informed that Executive he had [twenty-one (21)] ) days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] 21 days to consider this Agreement; and that such [twenty21-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty21-one (21)] day period after Executive he received it;
(d) Executive ; He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]attention: XXXXXXX), [Insert Addressaddress], so that it is received within the seven7-day period following execution of this Agreement by Executive.
(e) . Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Agreement (Ascent Solar Technologies, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ [•], 202 ]2022, and informed that Executive he or she had [twenty-twenty one (21)] ) days within which to consider this Agreement and that if Executive he or she wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive he or she will have done so voluntarily and with full knowledge that Executive is waiving Executive’s his or her right to have [twenty-twenty one (21)] ) days to consider this Agreement; and that such [twenty-twenty one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-twenty one (21)] ) day period after Executive received it;
(d) Executive was informed that Executive he had seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement and the Consulting Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]General Counsel), [Insert Address]▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ ___________, 202 ]20__, and informed that Executive he had [twenty-one (21)] ) days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; and that such [twenty-one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] ) day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Agreement (Priveterra Acquisition Corp.)
ADEA Waiver. Executive By execution of this document, Employee expressly acknowledges and agrees that by entering into this Agreement, Executive is waiving waives any and all rights or to claims that Executive 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. Executive and the Company agree that this waiver and release Employee does not apply to waive any rights or claims under the ADEA that may arise after the date the waiver is executed.
(c) Employee acknowledges that the waiver of Employee’s rights or claims arising under the ADEA after is in exchange for the date Executive signs 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 period of not less than forty-five (45) days within which to consider this Agreement. Executive further expressly acknowledges and agrees that:.
(ae) In return for this Agreement, Executive will receive consideration beyond Employee acknowledges that which Executive was already Employee has been advised by Stereotaxis that Employee is entitled to receive before revoke (in the event Employee executes this document) Employee’s waiver of rights or claims arising under the ADEA within seven (7) days after executing this Agreement;
(b) Executive is document by notifying Stereotaxis in writing at: Stereotaxis, 4▇▇▇ ▇▇▇▇▇▇ advised in writing by ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attn: VP of Human Resources that Employee intends to revoke this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [twenty-one (21)] days within which to consider this Agreement waiver and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive said waiver will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will does not be re-started become effective or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had enforceable until the seven (7) days following day period has expired. Employee agrees that payment of monies due under this executed and unrevoked waiver will not be payable until the date of execution of this Agreement in which to revoke this Agreement, and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-seven (7) day revocation period. In the event that Executive exercises period has expired and Employee has not revoked this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executivewaiver.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive she is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive she will receive consideration beyond that which Executive she was already entitled to receive before executing this Agreement;
(b) Executive She is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive She was given a copy of this Agreement on [ [_________, 202 20__], and informed that Executive she had [twenty-one (21)] ) days within which to consider this Agreement and that if Executive she wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive she will have done so voluntarily and with full knowledge that Executive she is waiving Executive’s her right to have [twenty-one (21)] ) days to consider this Agreement; and that such [twenty-one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] ) day period after Executive she received it;
(d) Executive She was informed that Executive she 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ [_____________]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Agreement (Evolus, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ September 30, 202 ]2016, and informed that Executive he had [twenty-one (21)] ) days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; and that such [twenty-one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] ) day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, then (1) neither the Company nor Executive will have any obligation under this Agreement, under the Separation Agreement, or under the Consulting Agreement, and (2) the Effective Date Option shall terminate and Executive shall have no further right with respect thereto or in respect thereof. Any notice of revocation should be sent by Executive in writing to in accordance with the Company (attention [ ]), [Insert Address], notice provisions set forth below in this Agreement so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Separation and Release Agreement (Cti Biopharma Corp)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ December [•], 202 ]2021, and informed that Executive he or she had [twenty-twenty one (21)] ) days within which to consider this Agreement and that if Executive he or she wished to execute this Agreement prior to the expiration of such [21]-day 30-day period Executive he or she will have done so voluntarily and with full knowledge that Executive is waiving Executive’s his or her right to have [twenty-twenty one (21)] ) days to consider this Agreement; and that such [twenty-twenty one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-twenty one (21)] ) day period after Executive received it;
(d) Executive was informed that Executive he had seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement and the Consulting Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Executive Officer), [Insert Address]▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 550, Irvine, CA 92612, so that it is received within the seven-day period following execution of this Agreement by Executive.; and
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Consulting Agreement (Sabra Health Care REIT, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive she was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ March 20, 202 ]2025, and informed that Executive he or she had [twenty-twenty one (21)] ) days within which to consider this Agreement and that if Executive he or she wished to execute this Agreement prior to the expiration of such [21]-day 30-day period Executive he or she will have done so voluntarily and with full knowledge that Executive is waiving Executive’s his or her right to have [twenty-twenty one (21)] ) days to consider this Agreement; and that such [twenty-twenty one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-twenty one (21)] ) day period after Executive received it;
(d) Executive was informed that Executive she had seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement and the Consulting Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Chief Executive Officer), [Insert Address]1781 Flight Way, Tustin, CA 92782, so that it is received within the seven-day period following the execution of this Agreement by Executive.; and
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Consulting Agreement (Sabra Health Care REIT, Inc.)
ADEA Waiver. The Executive expressly acknowledges has read this Release carefully and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
: (a) In in return for this AgreementRelease, the Executive will receive consideration beyond that which Executive he was already entitled to receive before executing entering into this Agreement;
Release; (b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) the Executive was given a copy of this Agreement Release on [ , 202 ], 20 ] and informed that Executive he had [at least twenty-one (21)] ) days within which to consider this Agreement all of its terms and that if the Executive wished to execute this Agreement Release prior to the expiration of such [21]-day twenty-one (21) day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; Release, and that such [twenty-one (21)] ) day period to consider this Agreement 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 Agreement Release in such [twenty-one (21)] ) day period after Executive 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) the Executive was informed fully understands that by signing below the Executive had seven is voluntarily giving up any right which the Executive may have to ▇▇▇ 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 Agreement in which to revoke this Agreement, Release; and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing nothing in this Agreement Release prevents or precludes the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs 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. Executive The Employee further expressly understands and acknowledges and agrees that by entering into that, pursuant to the terms of this Separation Agreement, Executive he is expressly waiving and releasing any and all rights or claims that Executive he 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. Executive The 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 Executive signs he executes this Separation Agreement. Executive The Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which the Employee was already entitled. The Employee further expressly understands and acknowledges and agrees that he has been advised by this writing that:
: (a) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to he should consult with an attorney before signing prior to executing this Separation Agreement;
; (cb) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [he has twenty-one (21)] ) days from the Separation Date within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one Separation Agreement, by which time Solazyme must receive an executed copy; (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(dc) Executive was informed that Executive had he has seven (7) days following the date of his execution of this Separation Agreement in which to revoke this Separation Agreement, and this Agreement will become null and void if Executive elects revocation during agrees that time. Any any such revocation must be in a writing and must be by email or federal express received by Solazyme by midnight on the Company during seventh day following the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following Employee’s execution of this Separation Agreement; (d) this Separation Agreement by Executive.
shall not be effective until after the revocation period has expired; and (e) Nothing nothing in this Separation Agreement prevents or precludes Executive the 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 the Employee signs this Separation Agreement and returns it to Solazyme in less than the 21-day period identified above (but in any event the Employee agrees not to execute or return this Separation Agreement prior to his separation from employment with Solazyme), the Employee hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Separation Agreement. The Employee understands and agrees that he executed this Separation Agreement voluntarily, without any duress or undue influence on the part or behalf of Solazyme or any third party, with the full intent of releasing all of his claims against the Releasees.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. Executive and the Company agree that this This waiver and release does not do not, however, apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that to which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [has twenty-one (21)] ) days within which to consider this Agreement and that if Executive wished wishes to execute this Agreement prior to the expiration of such [21]-day period 21-day period, Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] ) days to consider this Agreement; and that such [twenty-one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-twenty- one (21)] ) day period after Executive received it;
(d) Executive was informed that Executive had has seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should must be sent by Executive in writing to the Company (attention [ ]▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Chief Human Resources Officer, Semtech Corporation, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇, Camarillo, California 93012-8790), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.; and
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Separation and General Release Agreement (Semtech Corp)
ADEA Waiver. (a) Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is knowingly and voluntarily waiving and releasing any and all rights or claims that Executive 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. Executive and 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 Executive signs of this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
; (b) Executive is ▇▇▇▇▇▇ he has been advised in writing by this Agreement hereby that he has the right to consult with an attorney before signing prior to executing this Agreement;
; (c) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [he has twenty-one (21)] ) days within which to consider this Agreement and that if Executive wished (although he may choose to voluntarily execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21earlier)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had he has seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by 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 Agreement is executed by Executive.
(eb) Nothing in 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 prevents 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 precludes (ii) electronic mail. If Executive from challenging or seeking a determination in good faith 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 Agreement, including but not limited to Executive’s resignation, termination of the validity Employment Agreement and his release of this waiver claims arising under the ADEAEmployment Agreement and under all other federal, nor 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 and of no further force or effect, and (z) in the event that, prior to delivering his written notice of 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. If Executive signs this Agreement and does it impose any condition precedentnot revoke his release of claims arising under the ADEA and/or OWBPA within seven (7) days of signing it, penalties or costs for doing sothen the release of such claims shall become binding, unless specifically authorized by federal laweffective, and irrevocable on the eighth (8th) day after this Agreement is fully executed.
Appears in 1 contract
ADEA Waiver. The Executive expressly acknowledges has read this Release carefully and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
: (a) In in return for this AgreementRelease, the Executive will receive consideration beyond that which Executive he was already entitled to receive before executing entering into this Agreement;
Release; (b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) the Executive was given a copy of this Agreement Release on [ December 13, 202 ], 2023 and informed that Executive he had [at least twenty-one (21)] ) days within which to consider this Agreement all of its terms and that if the Executive wished to execute this Agreement Release prior to the expiration of such [21]-day twenty-one (21) day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; Release, and that such [twenty-one (21)] ) day period to consider this Agreement 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 Agreement Release in such [twenty-one (21)] ) day period after Executive 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) the Executive was informed fully understands that by signing below the Executive had seven 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 Agreement in which to revoke this Agreement, Release; and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing nothing in this Agreement Release prevents or precludes the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs 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. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ [_________, 202 202__], and informed that Executive he had [twenty-one (21)] days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day period Executive he will have done so voluntarily and with full knowledge that Executive is waiving Executive’s his right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ [_____________]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Agreement (Lantronix Inc)
ADEA Waiver. Executive Employee expressly acknowledges and agrees that that, by entering into this Agreement, Executive [he/she] is waiving any and all rights or claims that Executive [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. Executive 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 Executive signs of execution of this Agreement. Executive Employee further expressly acknowledges and agrees that:
(a) a. In return for this Agreement, Executive Agreement [he/she] will receive consideration compensation beyond that which Executive [he/she] already was already entitled to receive before executing entering into this Agreement;
(b) Executive b. [He/She] is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive c. [He/She] was given a copy of this Agreement on [ , 202 ]200 , and informed that Executive (i) [he/she] had [twenty-one (21)] 21 days within which to consider the Agreement; (ii) the 21-day period to consider this Agreement and that will not re-start or be extended if Executive wished changes (whether material or immaterial) are made to execute this Agreement prior after the date it is first provided to Employee; (iii) Employee may waive the expiration 21-day period; and (iv) if Employee signs this Agreement before the end of such [21]-day period Executive 21-day period, Employee acknowledges and agrees that Employee will have done so voluntarily and with full knowledge that Executive Employee is waiving Executive’s [his/her] right to have [twenty-one (21)] 21 days to consider this Agreement; and that such .
d. [twenty-one (21)He/She] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had [he/she] has seven (7) days following the date of execution of that Employee signs this Agreement in which to revoke this the Agreement, and that this Agreement will become null and void if Executive Employee elects revocation during that time. Any revocation must be in writing and must be received by the Company RGP (delivered to [insert name of ER Director]) during the seven-day revocation period. In the event that Executive Employee exercises this revocation right[his/her] right of revocation, neither the Company RGP nor Executive Employee will have any obligation obligations under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) e. Nothing in this Agreement prevents or precludes Executive Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) B. Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [ , 202 ], 20___] and informed that Executive he had [twenty-twenty one (2121)/forty five (45)] days within which to consider this Release Agreement and that if Executive he wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)day/45-day] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changesperiod, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received ithe should execute the Endorsement attached hereto;
(d) E. Executive was informed that Executive he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righthis right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.;
(e) F. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Agreement (Pacific Sunwear of California Inc)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ [______, 202 2021], and informed that Executive he had [twenty-one (21)] days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]T▇▇ ▇▇▇▇▇▇), [Insert Address]2▇▇▇ ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges You acknowledge that your waiver and agrees that by entering into this Agreement, Executive is waiving release hereunder of any and all rights or claims that Executive 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. Executive 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 Executive signs this AgreementSeparation Agreement is executed. Executive 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 Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to you should consult with an attorney before signing prior to executing this Separation Agreement;
; (cb) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [you have twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] ) days to consider this AgreementSeparation Agreement (although you may, by your own choice, execute this Separation Agreement earlier); and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(dc) Executive was informed that Executive had you have seven (7) days following the date of execution of this Separation Agreement in which by you to revoke the Separation Agreement; and (d) this Separation 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 Agreement will become null and void if Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises within seven (7) days following your signature on this revocation right, neither the Company nor Executive will have any obligation under this Separation Agreement. Any notice Separation Agreement Exhibit A The only Claims excluded from this release are claims relating to breach or enforceability of revocation should be sent by Executive in writing 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 agency claim. This waiver and release is effective to the Company (attention [ ]), [Insert Address], so that it is received within full extent the seven-day period following execution of this Agreement by Executivelaw permits you to release 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 Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Separation Agreement, Executive he is waiving any and all rights or claims that Executive he may have arising under the Age Discrimination in Employment Act of 1967ADEA, as amended (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights which have arisen on or claims that may arise under the ADEA after before the date Executive signs of execution of this Separation Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Separation Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing entering into this Separation Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Separation Agreement to consult with an attorney before signing this Separation Agreement;
(c) Executive He has voluntarily chosen to enter into this Separation Agreement and has not been forced or pressured in any way to sign it;
(d) He was given a copy of this Separation Agreement on [ July 18, 202 ], 2008 and informed that Executive he had [twenty-one (21)] ) days within which to consider this the Separation Agreement and that if Executive he wished to execute this Separation Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily 21-day period, he should execute the Acknowledgement and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received itWaiver attached hereto as Exhibit C;
(de) Executive He was informed that Executive had he has seven (7) days following the date of execution of this Separation Agreement in which to revoke this Separation Agreement, and this Separation Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righthis right of revocation, neither the Company nor Executive will have any obligation obligations under this Separation Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.; and
(ef) Nothing in this Separation Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Separation and General Release Agreement (KI NutriCare, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) A. In return for this Release Agreement, the Executive will receive consideration beyond that which the Executive was already entitled to receive before executing entering into this Release Agreement;
(b) B. Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [ , 202 ], 20 ] and informed that Executive he had [twenty-twenty one (2121)/forty five (45)] days within which to consider this Release Agreement and that if Executive he wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)day/45-day] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changesperiod, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received ithe should execute the Endorsement attached hereto;
(d) E. Executive was informed that Executive he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-seven- day revocation period. In the event that Executive exercises this revocation rightExecutive’s right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.;
(e) F. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Agreement (Mariner, LLC)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Separation Agreement, Executive she is waiving any and all rights or claims that Executive she may have arising under the Age Discrimination in Employment Act of 1967ADEA, as amended (the “ADEA”), and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights which have arisen on or claims that may arise under the ADEA after before the date Executive signs of execution of this Separation Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Separation Agreement, Executive she will receive consideration beyond that which Executive she was already entitled to receive before executing entering into this Separation Agreement;
(b) Executive She is ▇▇▇▇▇▇ hereby advised in writing by this Separation Agreement to consult with an attorney before signing this Separation Agreement;
(c) Executive She has voluntarily chosen to enter into this Separation Agreement and has not been forced or pressured in any way to sign it;
(d) She was given a copy of this Separation Agreement on [ July 18, 202 ], 2008 and informed that Executive she had [twenty-one (21)] ) days within which to consider this the Separation Agreement and that if Executive she wished to execute this Separation Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily 21-day period, she should execute the Acknowledgement and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received itWaiver attached hereto as EXHIBIT C;
(de) Executive She was informed that Executive had she has seven (7) days following the date of execution of this Separation Agreement in which to revoke this Separation Agreement, and this Separation Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation righther right of revocation, neither the Company nor Executive will have any obligation obligations under this Separation Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.; and
(ef) Nothing in this Separation Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Separation and General Release Agreement (Allergy Research Group Inc)
ADEA Waiver. 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 expressly 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 Agreement, Executive is waiving Agreement do not extend to any and all rights or claims that 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. Executive and the Company agree that the thirty (30) day period begins on the day that this waiver Agreement is delivered to Executive, and release does that if the Company changes any of the terms of the offer contained in this Agreement (whether the changes are material or not), the thirty (30) day period will not apply to any rights or claims that may arise under the ADEA after the date be restarted but will continue without interruption. If Executive signs this Agreement before the thirty (30) day period expires, the seven (7) day revocation period (described below) will begin immediately. If Executive signs this Agreement before the thirty (30) day period expires, Executive agrees that he 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 further expressly acknowledges may revoke this Agreement within seven (7) days after he signs it and agrees that:
this Agreement shall not become effective or enforceable until the seven (a7) In return for day revocation period has expired. The law prohibits the Company from shortening the seven (7) day revocation period. Executive can revoke this Agreement, Executive will receive consideration beyond that which Executive was already entitled Agreement only by delivering the notice to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇ ▇▇▇▇▇▇ advised in writing ▇▇▇, the Company’s President. The revocation notice can be delivered either by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ personal delivery, 202 ]email, or through the United States Postal Service, registered or certified mail, postage prepaid and informed that Executive had [twenty-one (21)] days return receipt requested. The Company must receive the revocation within which to consider this Agreement and that if Executive wished to execute this Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had seven (7) days following day period for the date revocation to be effective. Executive understands and agrees that he will not be entitled to any of execution of the payments or benefits under 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 until the Company during the seven-seven (7) day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executivehas expired.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Separation Agreement (Liquidmetal Technologies Inc)
ADEA Waiver. Executive Individual expressly acknowledges and agrees that by entering into this Separation Agreement, Executive he is waiving any and all rights or claims that Executive 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. Executive 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 Executive signs of execution of this Separation Agreement. Executive Individual further expressly acknowledges and agrees that:
(a) In return for this Separation Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing entering into this Separation Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Separation Agreement to consult with an attorney before signing this Separation Agreement;
(c) Executive He has voluntarily chosen to enter into this Separation Agreement and has not been forced or pressured in any way to sign it;
(d) He was given a copy of this Separation Agreement on [ December 9, 202 ], 2008 and informed that Executive he had [twentyforty-one five (21)] 45) days within which to consider this the Separation Agreement and that if Executive he wished to execute this Separation Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily 45-day period, he should execute the Acknowledgement and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received itWaiver attached hereto as Exhibit A;
(de) Executive Nothing in this Separation Agreement prevents or precludes Individual from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and
(f) He was informed that Executive had he has seven (7) days following the date of execution of this Separation Agreement in which to revoke this Separation Agreement, and this Separation Agreement will become null and void if Executive Individual elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive Individual exercises this revocation righthis right of revocation, neither the Company nor Executive Individual will have any obligation obligations under this Separation Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Separation and General Release Agreement (Pacific Sunwear of California Inc)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Release Agreement, Executive is waiving any and all rights or claims Claims that Executive 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. Executive 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 Executive signs of execution of this Release Agreement. Executive further expressly acknowledges and agrees that:
(a) A. In return for this Release Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing entering into this Release Agreement;
(b) B. Executive is ▇▇▇▇▇▇ hereby advised in writing by this Release Agreement to consult with an attorney before signing this Release Agreement;
(c) C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it;
D. Executive was given a copy of this Release Agreement on [ [______, 202 ], 20__] and informed that Executive he had [twenty-twenty one (2121)/forty five (45)] days within which to consider this Release 1 Note to Draft: To be updated at the time of termination of employment to reflect then-applicable law. Agreement and that if Executive he wished to execute this Release Agreement prior to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty21-one (21)day/45-day] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changesperiod, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received ithe should execute the Endorsement attached hereto;
(d) E. Executive was informed that Executive he had seven (7) days following the date of execution of this Release Agreement in which to revoke this Release Agreement, and this Release Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation rightExecutive’s right of revocation, neither the Company nor Executive will have any obligation obligations under this Release Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.;
(e) F. Nothing in this Release Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for from doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Executive Employment Agreement (Norwegian Cruise Line Holdings Ltd.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ March 13, 202 ]2017, and informed that Executive he had [twenty-one (21)] ) days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; and that such [twenty-one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] ) day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, then neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to in accordance with the Company (attention [ ]), [Insert Address], notice provisions set forth below in this Agreement so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Separation and Release Agreement (Cti Biopharma Corp)
ADEA Waiver. Executive expressly Employee acknowledges that Employee is knowingly and agrees that by entering into this Agreement, Executive is voluntarily waiving and releasing any and all rights Employee may now have or claims that Executive may have arising had under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), and as amended. Employee also acknowledges that this the consideration given for the waiver and release herein is knowing and voluntaryin addition to anything of value to which Employee was already entitled. Executive and Employee further acknowledges that Employee has been advised by this writing, as required by the Company agree that this ADEA, that: (i) Employee’s waiver and release does do not apply to any rights or claims that may arise under the ADEA after the date Executive signs Employee’s execution of this Agreement. Executive further expressly acknowledges ; (ii) Employee has the right and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing executing this Agreement;
; (ciii) Executive was given a copy Employee has 21 days from the date of this Agreement on [ , 202 ], and informed that Executive had [twenty-one (21)] days within which to consider this Agreement and that if Executive wished to execute this Agreement prior (though Employee is free to the expiration of such [21]-day period Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider execute this Agreement would not before the 21st day) and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made may accept by sending the executed Agreement to this Agreement in such [twenty-one ; (21)] day period after Executive received it;
(div) Executive was informed that Executive had Employee has seven (7) days following the date of Employee’s execution of this Agreement in which to revoke this the Agreement, and provided Employee has sent a letter to stating that Employee is revoking it no later than the end of the seventh day; (v) this Agreement will become null not be effective until the date upon which the revocation period has expired, which will be the eighth day after this Agreement is executed by Employee, provided that Company has also executed this Agreement by that date; and void if Executive elects revocation during that time. Any revocation must be in writing (vi) this Agreement does not affect Employee’s ability to test the knowing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under voluntary nature of this Agreement. Any notice of revocation should be sent by Executive in writing The Parties agree that any revisions to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executivewill not reset the applicable review period.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Separation and Release Agreement (SentinelOne, Inc.)
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
: (a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
; (b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
; (c) Executive He was given a copy of this Agreement on [ _________, 202 ]20 , and informed that Executive he had [twenty-one (21)] ) days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; and that such [twenty-one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] ) day period after Executive he received it;
; (d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]_____________), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Agreement
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive she is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
: (a) In return for this Agreement, Executive she will receive consideration beyond that which Executive she was already entitled to receive before executing this Agreement;
; (b) Executive She is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
; (c) Executive She was given a copy of this Agreement on [ [_________, 202 20__], and informed that Executive she had [twenty-one (21)] ) days within which to consider this Agreement and that if Executive she wished to execute this Agreement prior to the expiration of such [21]-day 21-day period Executive she will have done so voluntarily and with full knowledge that Executive she is waiving Executive’s her right to have [twenty-one (21)] ) days to consider this Agreement; and that such [twenty-one (21)] ) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] ) day period after Executive she received it;
; (d) Executive She was informed that Executive she 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ [_____________]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Employment Agreement
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive he is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive he will receive consideration beyond that which Executive he was already entitled to receive before executing this Agreement;
(b) Executive He is ▇▇▇▇▇▇ hereby advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive He was given a copy of this Agreement on [ , 202 [·], and informed that Executive he had [twenty-one (21)] days within which to consider this Agreement and that if Executive he wished to execute this Agreement prior to the expiration of such [21]-day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive he received it;
(d) Executive He was informed that Executive 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 the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
ADEA Waiver. Executive expressly acknowledges and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. Executive and the Company agree that this This waiver and release does not do not, however, apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
(a) In return for this Agreement, Executive will receive consideration beyond that to which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) Executive was given a copy of this Agreement on [ , 202 ]the Separation Date, and informed that Executive had [twentyhas forty-one five (21)] 45) days within which to consider this Agreement and that if Executive wished wishes to execute this Agreement prior to the expiration of such [21]-day period 45-day period, Executive will have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twentyforty-one five (21)] 45) days to consider this Agreement; and that such [twentyforty-one five (21)] 45) day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twentyforty-one five (21)] 45) day period after Executive received it;
(d) Executive was informed that Executive had has seven (7) days following the date of execution of this Agreement in which to revoke this Agreement, and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should must be sent by Executive in writing to the Company (attention [ ]▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ - Vice President, Talent Development), [Insert Address]▇▇▇ ▇▇▇▇▇ ▇▇▇▇, Camarillo, California 93012-8790, so that it is received within the seven-day period following execution of this Agreement by Executive.;
(e) Executive has been informed in writing of the eligibility factors for the Company’s severance program in connection with the pending group layoff that is being implemented by the Company (the “Program”), any time limits applicable to the Program, the job titles and ages of all employees selected for the Program, and the ages and job titles of the employees in the same decisional unit or job classification as Executive who were not selected for the Program, as set forth in Exhibit A to this Agreement; and
(f) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law.
Appears in 1 contract
Sources: Separation and General Release Agreement (Semtech Corp)
ADEA Waiver. The Executive expressly acknowledges has read this Release carefully and agrees that by entering into this Agreement, Executive is waiving any and all rights or claims that Executive 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. 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 Executive signs this Agreement. Executive further expressly acknowledges and agrees that:
: (a) In in return for this AgreementRelease, the Executive will receive consideration beyond that which Executive he was already entitled to receive before executing entering into this Agreement;
Release; (b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to consult with an attorney before signing this Agreement;
(c) the Executive was given a copy of this Agreement Release on [ December 13, 202 ], 2023 and informed that Executive he had [at least twenty-one (21)] ) days within which to consider this Agreement all of its terms and that if the Executive wished to execute this Agreement Release prior to the expiration of such [21]-day twenty-one (21) day period Executive he will have done so voluntarily and with full knowledge that Executive he is waiving Executive’s his right to have [twenty-one (21)] ) days to consider this Agreement; Release, and that such [twenty-one (21)] ) day period to consider this Agreement 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 Agreement Release in such [twenty-one (21)] ) day period after Executive 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) the Executive was informed fully understands that by signing below the Executive had seven 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 Agreement in which to revoke this Agreement, Release; and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of revocation should be sent by Executive in writing to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing nothing in this Agreement Release prevents or precludes the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs 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. Executive 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 Agreement, Executive 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 Executive 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. Executive 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 Executive signs you sign this Agreement. Executive further expressly acknowledges and agrees that:
; (aii) In return for this Agreement, Executive will receive consideration beyond that which Executive was already entitled to receive before executing this Agreement;
(b) Executive is ▇▇▇▇▇▇ advised in writing by this Agreement to you should consult with an attorney before prior to signing this Agreement;
Agreement (calthough you may choose voluntarily not to do so); (iii) Executive was given a copy of this Agreement on [ , 202 ], and informed that Executive had [you have twenty-one (21)] ) days within which to consider this Agreement and that if Executive wished (although you may choose voluntarily to execute this Agreement prior to the expiration of such [21]-day period Executive will sign it earlier); (iv) you have done so voluntarily and with full knowledge that Executive is waiving Executive’s right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after Executive received it;
(d) Executive was informed that Executive had seven (7) days following the date of execution of you sign this Agreement in which to revoke the ADEA Waiver (in a written revocation provided to the Company’s 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 this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be agree that, in writing and must be received by the Company during the seven-day revocation period. 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 the general release that Executive exercises this revocation rightyou are granting in Sections 15(a)-15(c) hereof, neither nor shall it invalidate your entitlement to the Company nor Executive will have any obligation under separate consideration expressly attributed thereto in this Agreement. Any notice In granting this ADEA Waiver, you hereby covenant not to file any lawsuits, administrative proceedings, charges or other claims arising out of revocation should be sent by Executive or in writing any way related to the Company (attention [ ]), [Insert Address], so that it is received within the seven-day period following execution of this Agreement by Executive.
(e) Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver 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
Sources: Separation and Release Agreement (Newlink Genetics Corp)
ADEA Waiver. Executive I expressly acknowledges acknowledge and agrees agree that by entering into this Supplemental Release Agreement, Executive is I am waiving any and all rights or claims that Executive I 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. Executive and the Company agree that this This waiver and release does not do not, however, apply to any rights or claims that may arise under the ADEA after the date Executive signs I sign this Supplemental Release Agreement. Executive I further expressly acknowledges and agrees that:
(a) In return for this Supplemental Release Agreement, Executive I will receive consideration beyond that to which Executive I was already entitled to receive before executing this Supplemental Release Agreement;
(b) Executive is ▇▇▇▇▇▇ I am hereby advised in writing by this Supplemental Release Agreement to consult with an attorney before signing this Supplemental Release Agreement;
(c) Executive I was given a copy of this Supplemental Release Agreement on [ , 202 ]before the Separation Date, and informed that Executive I had [twenty-one (21)] ) days within which following the Separation Date to consider this Agreement Supplemental Release Agreement, and that if Executive I wished to execute this Supplemental Release Agreement prior to the expiration of such [21]-day period Executive twenty-one (21) day period, I will have done so voluntarily and with full knowledge that Executive is I am waiving Executive’s my right to have [twenty-one (21)] ) days to consider this Supplemental Release Agreement; and that such [twenty-one (21)] ) day period to consider this Supplemental 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 Supplemental Release Agreement in such [twenty-one (21)] ) day period after Executive I received it;
(d) Executive I was informed that Executive had I have seven (7) days following the date of execution of this Supplemental Release Agreement in which to revoke this Supplemental Release Agreement, and this Supplemental Release Agreement will become null and void if Executive elects I elect revocation during that time. Any revocation must be in writing and must be received by the Company during the seven-day revocation period. In the event that Executive exercises I exercise this revocation right, neither the Company nor Executive I will have any obligation under this Supplemental Release Agreement. Any notice of revocation should must be sent by Executive me in writing to the Company (attention [ ]▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, Chief Human Resources Officer, Semtech Corporation, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇, Camarillo, California 93012-8790), [Insert Address], so that it is received within the seven-day period following execution of this Supplemental Release Agreement by Executive.me; and
(e) Nothing in this Supplemental Release Agreement prevents or precludes Executive me 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
Sources: Separation and General Release Agreement (Semtech Corp)