Common use of ADEA Waiver Clause in Contracts

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this Release, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that, pursuant to the Older Workers Benefit Protection Act (“OWBPA”) he has been, or hereby is, advised in writing to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement, he has received additional benefits and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing in this Release prevents or precludes him 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 he has seven (7) days following the date of execution of this Release in which to revoke his acceptance of this Release, and that any revocation must be in writing and must be received by the Employer during the seven-day revocation period. Executive understands that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Release.

Appears in 7 contracts

Samples: Management Employment Agreement, Management Employment Agreement (SITEL Worldwide Corp), Management Employment Agreement (SITEL Worldwide Corp)

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ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this Release, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this AgreementRelease. The Executive further expressly acknowledges and agrees that: (a) In return for this Release, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Release; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Release to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement, he has received additional benefits and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; ; (c) He was given a copy of this Release on [_________], and informed that he was provided up to 21 or 45 days, whichever is applicable, had twenty-one (21) days within which to consider and accept the terms of this Release; and nothing , that changes (whether material or otherwise) will not restart the 21-day period; (d) Nothing in this Release prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release in which to revoke his acceptance of this Release, and this Release will become null and void if Executive so elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day seven (7)-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the this Release.

Appears in 6 contracts

Samples: Employment Agreement (Propanc Biopharma, Inc.), Services Agreement (Propanc Biopharma, Inc.), Employment Agreement (LiveXLive Media, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before executing this Agreement; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; this Agreement; (c) He was given a copy of this Agreement on [_________, 202__], and informed that he had [twenty-one (21)] days within which to consider this Agreement and that if he wished to execute this Agreement prior to the expiration of such [21]-day period he will have done so voluntarily and with full knowledge that he is aware waiving his right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after he received it; (d) He was informed that he had seven (7) days following the date of his rights under OWBPA; as consideration for executing execution of this Agreement in which to revoke this Agreement, he has 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 additional benefits and compensation 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 value revocation should be sent by Executive in writing to which he would not otherwise be entitled; he the Company (attention [_____________]), [Insert Address], so that it is not waiving any rights or claims that may arise after received within the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms seven-day period following execution of this Release; and nothing Agreement by Executive. (e) Nothing in this Release Agreement prevents or precludes him Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from for doing so, unless specifically authorized by federal law; and he has seven (7) days following the date of execution of this Release in which to revoke his acceptance of this Release, and that any revocation must be in writing and must be received by the Employer during the seven-day revocation period. Executive understands that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Release.

Appears in 6 contracts

Samples: Employment Agreement (Cepton, Inc.), Employment Agreement (Growth Capital Acquisition Corp.), Employment Agreement (Growth Capital Acquisition Corp.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseRelease Agreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Release Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Release Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Release Agreement; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Release Agreement to consult with an attorney about before signing this Release Agreement; (c) He was given a copy of this Release Agreement on , 20 and informed that he had twenty-one (21) days within which to consider the Release before signing it; Agreement and that if he is aware wished to execute this Release Agreement prior to expiration of his rights under OWBPA; as consideration for executing this Agreementsuch twenty-one (21)-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit E-2; (d) Nothing in this Release Agreement prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseRelease Agreement, and this Release Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the this Release is signed by all parties will be the "Effective Date" of the ReleaseAgreement.

Appears in 5 contracts

Samples: Employment Agreement (Seracare Life Sciences Inc), Employment Agreement (Seracare Life Sciences Inc), Employment Agreement (Seracare Life Sciences Inc)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseRelease Agreement, he she is waiving any and all rights or claims that he she may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Release Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Release Agreement, pursuant she will receive consideration beyond that which she was already entitled to the Older Workers Benefit Protection Act receive before entering into this Release Agreement; (“OWBPA”b) he has been, or She is hereby is, advised in writing by this Release Agreement to consult with an attorney about before signing this Release Agreement; (c) She was given a copy of this Release Agreement on [ ] and informed that she had twenty-one (21) days within which to consider the Release before signing it; he is aware Agreement and that if she wished to executive this Release Agreement prior to expiration of his rights under OWBPA; such 21-day period, she should execute the Acknowledgement and Waiver attached hereto as consideration for executing this Agreement, he has received additional benefits and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Exhibit E-2; (d) Nothing in this Release Agreement prevents or precludes him 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 he and (e) She was informed that she has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseRelease Agreement, and this Release Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises her right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the this Release is signed by all parties will be the "Effective Date" of the ReleaseAgreement.

Appears in 4 contracts

Samples: Employment Agreement (Seracare Life Sciences Inc), Employment Agreement (Seracare Life Sciences Inc), Employment Agreement (Seracare Life Sciences Inc)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Agreement; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (c) He was given a copy of this Agreement on [ ] and informed that he had twenty-one (21) days within which to consider the Agreement and that if he wished to executive this Agreement prior to expiration of such 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (d) Nothing in this Release Agreement prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Releasethis Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Qlogic Corp), Change in Control Severance Agreement (Qlogic Corp), Change in Control Severance Agreement (Qlogic Corp)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that, pursuant to the Older Workers Benefit Protection Act : (“OWBPA”a) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (b) He was given a copy of this Agreement on [____________] and informed that he had twenty-one (21) days within which to consider this Agreement and that if he wished to executive this Agreement prior to expiration of such 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (c) Nothing in this Release Agreement prevents or precludes him the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and and (d) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if the Executive elects revocation during that any time. Any revocation must be in writing writing, addressed to the Company's Chief Executive Officer and delivered in accordance with the notice provisions of the Employment Agreement, and must be received by the Employer Company during the seven-day revocation period. Executive understands In the event that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revokeexercises his right of revocation, neither the eighth day after Company nor the Release is signed by all parties Executive will be the "Effective Date" of the Releasehave any obligations under this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Corelogic, Inc.), Employment Agreement (Corelogic, Inc.), Employment Agreement (Corelogic, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that, pursuant to the Older Workers Benefit Protection Act : (“OWBPA”a) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (b) He was given a copy of this Agreement on [____________] and informed that he had twenty-one (21) days within which to consider this Agreement and that if he wished to executive this Agreement prior to expiration of such 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (c) Nothing in this Release Agreement prevents or precludes him the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and and (d) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if the Executive elects revocation during that any time. Any revocation must be in writing writing, addressed to the Company’s Chief Executive Officer and delivered in accordance with the notice provisions of the Employment Agreement, and must be received by the Employer Company during the seven-day revocation period. Executive understands In the event that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revokeexercises his right of revocation, neither the eighth day after Company nor the Release is signed by all parties Executive will be the "Effective Date" of the Releasehave any obligations under this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Corelogic, Inc.), Employment Agreement (Corelogic, Inc.), Employment Agreement (Corelogic, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this Release, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. Agreement The Executive further expressly acknowledges and agrees that, pursuant to the Older Workers Benefit Protection Act (“OWBPA”) he has been, or hereby is, advised in writing to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement, he has received additional benefits and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing in this Release prevents or precludes him 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 he has seven (7) days following the date of execution of this Release in which to revoke his acceptance of this Release, and that any revocation must be in writing and must be received by the Employer during the seven-day revocation period. Executive understands that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Release.

Appears in 2 contracts

Samples: Management Employment Agreement, Management Employment Agreement (JELD-WEN Holding, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Agreement; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (c) He was given a copy of this Agreement on [ ] and informed that he had [twenty-one (21)/forty-five (45) days] within which to consider this Agreement and that if he wished to execute this Agreement prior to expiration of such [21/45]-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit C-1; (d) Nothing in this Release Agreement prevents or precludes him the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and and (e) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if the Executive elects revocation during that any time. Any revocation must be in writing and delivered in accordance with the notice provisions of the Employment Agreement, and must be received by the Employer Company during the seven-day revocation period. Executive understands In the event that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revokeexercises his right of revocation, neither the eighth day after Company nor the Release is signed by all parties Executive will be the "Effective Date" of the Releasehave any obligations under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Isos Acquisition Corp.), Employment Agreement (Isos Acquisition Corp.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that, pursuant to the Older Workers Benefit Protection Act : (“OWBPA”a) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (b) He was given a copy of this Agreement on [____________] and informed that he had twenty-one (21) days within which to consider this Agreement and that if he wished to execute this Agreement prior to expiration of such 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (c) Nothing in this Release Agreement prevents or precludes him the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and and (d) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if the Executive elects revocation during that any time. Any revocation must be in writing writing, addressed to the Company’s Chief Executive Officer and delivered in accordance with the notice provisions of the Employment Agreement, and must be received by the Employer Company during the seven-day revocation period. Executive understands In the event that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revokeexercises his right of revocation, neither the eighth day after Company nor the Release is signed by all parties Executive will be the "Effective Date" of the Releasehave any obligations under this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Corelogic, Inc.), Employment Agreement (Corelogic, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this Release, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), . which have arisen on or before the date of execution of this AgreementRelease. The Executive further expressly acknowledges and agrees that: (a) In return for this Release, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Release; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Release to consult with an attorney about the Release before signing it; this Release; (c) He was given a copy of this Release on [ ], and informed that he is aware had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to expiration of his rights under OWBPA; as consideration for executing this Agreementsuch twenty-one (21)-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Schedule A; (d) Nothing in this Release prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release in which to revoke his acceptance of this Release, and this Release will become null and void if Executive so elects revocation during that any time. Any revocation must be in writing and must be received by the Employer during the seven-day seven (7)-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither Employer nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the this Release.

Appears in 2 contracts

Samples: Employment Agreement (Paya Holdings Inc.), Employment Agreement (Paya Holdings Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended ("ADEA"), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Agreement; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (c) He was given a copy of this Agreement on [____________] and informed that he had twenty-one (21) days within which to consider the Agreement and that if he wished to executive this Agreement prior to expiration of such 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (d) Nothing in this Release Agreement prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Releasethis Agreement.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Qlogic Corp), Change in Control Severance Agreement (Qlogic Corp)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he Executive is waiving any and all rights or claims that he Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that, pursuant to the Older Workers Benefit Protection Act (“OWBPA”) he has been, or : Executive is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement, he has received additional benefits ; Executive was given a copy of this Agreement on [ ] and compensation of value to informed that Executive had [twenty-one (21)/forty-five (45)] days within which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider this Agreement and accept the terms that if Executive wished to execute this Agreement prior to expiration of this Release; and nothing such [21/45]-day period, Executive agrees that he or she voluntarily chose to do so. Nothing in this Release Agreement prevents or precludes him 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 he Executive was informed that Executive has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer General Counsel of the Company during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises Executive’s right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Releasethis Agreement.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Edwards Lifesciences Corp), Change in Control Severance Agreement (Edwards Lifesciences Corp)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this Release, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this AgreementRelease. The Executive further expressly acknowledges and agrees that: 3.1 In return for this Release, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act (“OWBPA”) he has been, or receive before entering into this Release; 3.2 He is hereby is, advised in writing by this Release to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement, he has received additional benefits and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; ; 3.3 He was given a copy of this Release on [_________], and informed that he was provided up to 21 or 45 days, whichever is applicable, had twenty-one (21) days within which to consider and accept the terms of this Release; and nothing , that changes (whether material or otherwise) will not restart the 21-day period; 3.4 Nothing in this Release prevents or precludes him 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 and 3.5 He was informed that he has seven (7) days following the date of execution of this Release in which to revoke his acceptance of this Release, and this Release will become null and void if Executive so elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day seven (7)-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the this Release.

Appears in 1 contract

Samples: Employment Agreement (LiveXLive Media, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Agreement; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (c) He was given a copy of this Agreement on [___] and informed that he had twenty-one (21) days within which to consider the Agreement and that if he wished to executive this Agreement prior to expiration of such 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (d) Nothing in this Release Agreement prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Releasethis Agreement.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Qlogic Corp)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended ("ADEA"), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that, pursuant to the Older Workers Benefit Protection Act : (“OWBPA”a) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (b) He was given a copy of this Agreement on [__________] and informed that he had twenty-one (21) days within which to consider this Agreement and that if he wished to executive this Agreement prior to expiration of such 21 -day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-I; (c) Nothing in this Release Agreement prevents or precludes him the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and and (d) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if the Executive elects revocation during that any time. Any revocation must be in writing writing, addressed to the Company's Head of Human Resources and delivered in accordance with the notice provisions of the Employment Agreement, and must be received by the Employer Company during the seven-day revocation period. Executive understands In the event that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revokeexercises his right of revocation, neither the eighth day after Company nor the Release is signed by all parties Executive will be the "Effective Date" of the Releasehave any obligations under this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Corelogic, Inc.)

ADEA Waiver. The Executive expressly Employee acknowledges that the Employee is knowingly and agrees that by entering into this Release, he is voluntarily waiving and releasing any and all rights the Employee may now have or claims that he may have arising had under the Age Discrimination in and Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreementas amended. The Executive further expressly Employee also acknowledges that the consideration given for the waiver and agrees that, pursuant release herein is in addition to the Older Workers Benefit Protection Act (“OWBPA”) he has been, or hereby is, advised in writing to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement, he has received additional benefits and compensation anything of value to which he would the Employee was already entitled. The Employee further acknowledges that the Employee has been advised by this writing, as required by the ADEA, that: (i) the Employee’s waiver and release does not otherwise be entitled; he is not waiving apply to any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms Employee’s execution of this ReleaseAgreement; and nothing in (ii) the Employee has the right to consult with an attorney prior to executing this Release prevents or precludes him Agreement; (iii) the Employee has twenty one (21) days from challenging or seeking a determination in good faith of the validity date of this waiver under Agreement to execute this Agreement (though the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal lawEmployee is free to execute this Agreement before the twenty first (21st) day); and he (iv) the Employee has seven (7) days following the date of Employee’s execution of this Release in which Agreement to revoke his acceptance of this Releasethe Agreement, and provided the Employee has sent a letter to [***] stating that any revocation must be in writing and must be received the Employee is revoking it no later than 5 p.m. PST by the Employer during seventh (7th) day; (v) this Agreement will not be effective until the seven-day date upon which the revocation period. Executive understands that if he revokes acceptanceperiod has expired, any payments made to him by the Employer under the terms of the Agreement must which will be returned to the Employer. If the Executive does not revoke, the eighth day after this Agreement is executed by the Release is signed Employee, provided that the Company has also executed this Agreement by all parties will be the "that date (“Effective Date" ”); and (vi) this Agreement does not affect the Employee’s ability to test the knowing and voluntary nature of the Releasethis Agreement.

Appears in 1 contract

Samples: Separation and Release Agreement (SentinelOne, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he or she is waiving any and all rights or claims that he or she may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that, pursuant to the Older Workers Benefit Protection Act : (“OWBPA”a) he has been, He or she is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (b) He or she was given a copy of this Agreement on November 1, 2023 and informed that he or she had twenty-one (21) days within which to consider this Agreement and that if he or she wished to execute this Agreement prior to expiration of such 21-day period, he has received additional benefits or she should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A; (c) Nothing in this Release Agreement prevents or precludes him the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and and (d) He or she was informed that he or she has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if the Executive elects revocation during that any time. Any revocation must be in writing writing, addressed to the Company’s Chief Financial Officer and delivered in accordance with the notice provisions of the Employment Agreement, and must be received by the Employer Company during the seven-day revocation period. Executive understands In the event that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revokeexercises his or her right of revocation, neither the eighth day after Company nor the Release is signed by all parties Executive will be the "Effective Date" of the Releasehave any obligations under this Agreement.

Appears in 1 contract

Samples: Release and Consulting Agreement (El Pollo Loco Holdings, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on and that this waiver and release is knowing and voluntary. Executive and the Company agree that this waiver and release does not apply to any rights or before claims that may arise under the ADEA after the date of execution of Executive signs this Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before executing this Agreement; (“OWBPA”b) he has been, or hereby is, He is xxxxxx advised in writing by this Agreement to consult with an attorney about the Release before signing it; this Agreement; (c) He was given a copy of this Agreement on [_________, 202__], and informed that he had [twenty-one (21)] days within which to consider this Agreement and that if he wished to execute this Agreement prior to the expiration of such [21]-day period he will have done so voluntarily and with full knowledge that he is aware waiving his right to have [twenty-one (21)] days to consider this Agreement; and that such [twenty-one (21)] day period to consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such [twenty-one (21)] day period after he received it; (d) He was informed that he had seven (7) days following the date of his rights under OWBPA; as consideration for executing execution of this Agreement in which to revoke this Agreement, he has 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 additional benefits and compensation 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 value revocation should be sent by Executive in writing to which he would not otherwise be entitled; he the Company (attention [_____________]), [Insert Address], so that it is not waiving any rights or claims that may arise after received within the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms seven-day period following execution of this Release; and nothing Agreement by Executive. (e) Nothing in this Release Agreement prevents or precludes him Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from for doing so, unless specifically authorized by federal law; and he has seven (7) days following the date of execution of this Release in which to revoke his acceptance of this Release, and that any revocation must be in writing and must be received by the Employer during the seven-day revocation period. Executive understands that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Release.

Appears in 1 contract

Samples: Employment Agreement (Cepton, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Agreement; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (c) He was given a copy of this Agreement on June 16, 2014 and informed that he had twenty-one (21) days within which to consider this Agreement and that if he wished to execute this Agreement prior to expiration of such 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (d) Nothing in this Release Agreement prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company (Attention: General Counsel) during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Company nor Executive will have any payments made to him by obligations under this Agreement, including without limitation the Employer under the terms obligations of the Company described in Section 2(b) and 2(c) above to make payments to Executive. The “Effective Date” of this Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will shall be the "Effective Date" day immediately following the last day of the Releaserevocation period described above.

Appears in 1 contract

Samples: General Release Agreement (Qlogic Corp)

ADEA Waiver. The Executive Employee expressly acknowledges and agrees that that, by entering into this ReleaseAgreement, he Employee is knowingly and voluntarily waiving any and all rights or claims that he Employee may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the effective date of execution of this the Agreement. The Executive Employee further expressly acknowledges and agrees that: (i) in return for the releases provided for in this Agreement, pursuant Employee will receive value beyond that which Employee was already entitled to the Older Workers Benefit Protection Act receive before entering into this Agreement; (“OWBPA”ii) he has been, or hereby is, Employee was advised in writing by this Agreement to consult with an attorney about the Release before signing this Agreement; (iii) Employee has been given a period of 21 days within which to consider this Agreement before signing it; he is aware , and that in the event Employee executes the Agreement before the full 21 days, Employee does so knowingly and voluntarily and with the intention of his rights under OWBPA; as consideration for executing this Agreement, he has received additional benefits and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims remaining time in that may arise after the date he signs this Release21 day period; he and (iv) Employee was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing in this Release prevents or precludes him 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 informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this Releasethe Agreement (the “Revocation Period”). This Agreement shall not become effective or enforceable until the Revocation Period has expired and Employee has not revoked the Agreement. To be effective, and that any such revocation must be in writing and must be received by hand delivered to the Employer during persons identified in Paragraph 13 below within the seven-day revocation periodRevocation Period. Executive understands that if he revokes acceptance, any payments made Nothing herein shall prevent Employee from seeking a judicial determination as to him by the Employer under the terms validity of the Agreement must be returned release provided in this Agreement, with regard to age discrimination claims consistent with the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the ReleaseADEA.

Appears in 1 contract

Samples: Employment Agreement (Korn Ferry International)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseRelease Agreement, he Executive is waiving any and all rights or claims Claims that he or she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. The Executive further expressly acknowledges and agrees that: A. In return for this Release Agreement, pursuant the Executive will receive consideration beyond that which the Executive was already entitled to the Older Workers Benefit Protection Act (“OWBPA”) he has been, or receive before entering into this Release Agreement; B. Executive is hereby is, advised in writing by this Release Agreement to consult with an attorney about the Release before signing this Release Agreement; C. Executive has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it; ; D. Executive was given a copy of this Release Agreement on [_________________, 20__] and informed that he is aware or she had [twenty one (21)/forty five (45)] days within which to consider this Release Agreement and that if he or she wished to execute this Release Agreement prior to expiration of his rights under OWBPA; as consideration for executing this Agreementsuch [21-day/45-day] period, he has received additional benefits and compensation of value to which or she should execute the Endorsement attached hereto; E. Executive was informed that he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing in this Release prevents or precludes him 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 he has she had seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseRelease Agreement, and this Release Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the this Release is signed by all parties will be the "Effective Date" of the ReleaseAgreement.

Appears in 1 contract

Samples: Employment Agreement (Delcath Systems Inc)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he or she is waiving any and all rights or claims that he or she may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that, pursuant to the Older Workers Benefit Protection Act : ​ (“OWBPA”a) he has been, He or she is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; ​ (b) He or she was given a copy of this Agreement on [____________] and informed that he or she had twenty-one (21) days within which to consider this Agreement and that if he or she wished to execute this Agreement prior to expiration of such 21-day period, he has received additional benefits or she should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (c) Nothing in this Release Agreement prevents or precludes him the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and ​ (d) He or she was informed that he or she has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if the Executive elects revocation during that any time. Any revocation must be in writing writing, addressed to the Company’s Chief Executive Officer and delivered in accordance with the notice provisions of the Employment Agreement, and must be received by the Employer Company during the seven-day revocation period. Executive understands In the event that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revokeexercises his or her right of revocation, neither the eighth day after Company nor the Release is signed by all parties Executive will be the "Effective Date" of the Release.have any obligations under this Agreement. ​

Appears in 1 contract

Samples: Employment Agreement (El Pollo Loco Holdings, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this Release, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), . which have arisen on or before the date of execution of this AgreementRelease. The Executive further expressly acknowledges and agrees that: (a) In return for this Release, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Release; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Release to consult with an attorney about the Release before signing it; this Release; (c) He was given a copy of this Release on [_________], and informed that he is aware had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to expiration of his rights under OWBPA; as consideration for executing this Agreementsuch twenty-one (21)-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Schedule A; (d) Nothing in this Release prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release in which to revoke his acceptance of this Release, and this Release will become null and void if Executive so elects revocation during that any time. Any revocation must be in writing and must be received by the Employer during the seven-day seven (7)-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither Employer nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the this Release.

Appears in 1 contract

Samples: Employment Agreement (Paya Holdings Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he or she is waiving any and all rights or claims that he or she may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, pursuant he or she will receive consideration beyond that which he or she was already entitled to the Older Workers Benefit Protection Act receive before entering into this Agreement; (“OWBPA”b) he has been, He or she is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (c) He or she was given a copy of this Agreement on [____________, 20__] and informed that he or she had twenty-one (21) days within which to consider the Agreement and that if he or she wished to execute this Agreement prior to expiration of such 21-day period, he has received additional benefits or she should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (d) Nothing in this Release Agreement prevents or precludes him 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 and (e) He or she was informed that he or she has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his or her right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Releasethis Agreement.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Qlogic Corp)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this Release, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), . which have arisen on or before the date of execution of this AgreementRelease. The Executive further expressly acknowledges and agrees that: (a) In return for this Release, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Release; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Release to consult with an attorney about the Release before signing it; this Release; (c) He was given a copy of this Release on [ ], 2020, and informed that he is aware had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to expiration of his rights under OWBPA; as consideration for executing this Agreementsuch twenty-one (21)-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Schedule A; (d) Nothing in this Release prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release in which to revoke his acceptance of this Release, and this Release will become null and void if Executive so elects revocation during that any time. Any revocation must be in writing and must be received by the Employer during the seven-day seven (7)-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither Employer nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the this Release.

Appears in 1 contract

Samples: Employment Agreement (Paya Holdings Inc.)

ADEA Waiver. The Executive Employee expressly acknowledges and agrees that by entering into this ReleaseRelease Agreement, he Employee is waiving any and all rights or claims Claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. The Executive Employee further expressly acknowledges and agrees that: A. In return for this Release Agreement, pursuant the Employee will receive consideration beyond that which the Employee was already entitled to the Older Workers Benefit Protection Act (“OWBPA”) he has been, or receive before entering into this Release Agreement; B. Employee is hereby is, advised in writing by this Release Agreement to consult with an attorney about the Release before signing this Release Agreement; C. Employee has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it; ; D. Employee was given a copy of this Release Agreement on [_________________, 20__] and informed that he is aware had [twenty one (21)/forty five (45)] days within which to consider this Release Agreement and that if he wished to execute this Release Agreement prior to expiration of his rights under OWBPA; as consideration for executing this Agreementsuch [21-day/45-day] period, he has received additional benefits and compensation of value to which should execute the Endorsement attached hereto; E. Employee was informed that he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing in this Release prevents or precludes him 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 he has had seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseRelease Agreement, and this Release Agreement will become null and void if Employee elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day revocation period. Executive understands In the event that if he revokes acceptanceEmployee exercises his right of revocation, neither the Company nor Employee will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the this Release is signed by all parties will be the "Effective Date" of the ReleaseAgreement.

Appears in 1 contract

Samples: Employment Agreement (Delcath Systems Inc)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he or she is waiving any and all rights or claims that he or she may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that, pursuant to the Older Workers Benefit Protection Act : (“OWBPA”a) he has been, He or she is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (b) He or she was given a copy of this Agreement on [____________] and informed that he or she had twenty-one (21) days within which to consider this Agreement and that if he or she wished to execute this Agreement prior to expiration of such 21-day period, he has received additional benefits or she should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (c) Nothing in this Release Agreement prevents or precludes him the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and and (d) He or she was informed that he or she has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if the Executive elects revocation during that any time. Any revocation must be in writing writing, addressed to the Company’s Chief Executive Officer and delivered in accordance with the notice provisions of the Employment Agreement, and must be received by the Employer Company during the seven-day revocation period. Executive understands In the event that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revokeexercises his or her right of revocation, neither the eighth day after Company nor the Release is signed by all parties Executive will be the "Effective Date" of the Releasehave any obligations under this Agreement.

Appears in 1 contract

Samples: Employment Agreement (El Pollo Loco Holdings, Inc.)

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ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Agreement; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (c) He was given a copy of this Agreement on May 17, 2013 and informed that he had twenty-one (21) days within which to consider this Agreement and that if he wished to execute this Agreement prior to expiration of such 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (d) Nothing in this Release Agreement prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company (Attention: General Counsel) during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Company nor Executive will have any payments made to him by obligations under this Agreement, including without limitation the Employer under the terms obligations of the Company described in Section 2(b) through 2(e) above to make payments or provide benefits to Executive. The “Effective Date” of this Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will shall be the "Effective Date" day immediately following the last day of the Releaserevocation period described above.

Appears in 1 contract

Samples: General Release Agreement (Qlogic Corp)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseSeparation Agreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Separation Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Separation Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Separation Agreement; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Separation Agreement to consult with an attorney about the Release before signing it; this Separation Agreement; (c) He was given a copy of this Separation Agreement on September 11, 2009 and informed that he is aware had twenty-one (21) days within which to consider the Separation Agreement and that if he wished to execute this Separation Agreement prior to expiration of his rights under OWBPA; as consideration for executing this Agreementsuch 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit B; (d) Nothing in this Release Separation Agreement prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release Separation Agreement in which to revoke his acceptance of this ReleaseSeparation Agreement, and this Separation Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Companies during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Companies nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Releasethis Separation Agreement.

Appears in 1 contract

Samples: Employment Separation and General Release Agreement (RBS Global Inc)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this Release, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this AgreementRelease. The Executive further expressly acknowledges and agrees that: 3.1 In return for this Release, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act (“OWBPA”) he has been, or receive before entering into this Release; 3.2 He is hereby is, advised in writing by this Release to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement, he has received additional benefits and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; ; 3.3 He was given a copy of this Release on [_________], and informed that he was provided up to 21 or 45 days, whichever is applicable, had twenty-one (21) days within which to consider and accept the terms of this Release; and nothing , that changes (whether material or otherwise) will not restart the 21-day period; 3.4 Nothing in this Release prevents or precludes him 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 and 3.5 He was informed that he has seven (7) days following the date of execution of this Release in which to revoke his acceptance of this Release, and this Release will become null and void if Executive so elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day seven (7)-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises her right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the this Release.

Appears in 1 contract

Samples: Employment Agreement (LiveXLive Media, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseSeparation Agreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Separation Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Separation Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Separation Agreement; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Separation Agreement to consult with an attorney about the Release before signing it; this Separation Agreement; (c) He was given a copy of this Separation Agreement on June 8, 2009 and informed that he is aware had twenty-one (21) days within which to consider the Separation Agreement and that if he wished to execute this Separation Agreement prior to expiration of his rights under OWBPA; as consideration for executing this Agreementsuch 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit D; (d) Nothing in this Release Separation Agreement prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release Separation Agreement in which to revoke his acceptance of this ReleaseSeparation Agreement, and this Separation Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Company nor Executive will have any payments made to him by obligations under this Separation Agreement or the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the ReleaseConsulting Agreement.

Appears in 1 contract

Samples: Employment Separation and General Release Agreement (RBS Global Inc)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he or she is waiving any and all rights or claims that he or she may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, pursuant he or she will receive consideration beyond that which he or she was already entitled to the Older Workers Benefit Protection Act receive before entering into this Agreement; (“OWBPA”b) he has been, He or she is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (c) He or she was given a copy of this Agreement on [ , 20 ] and informed that he or she had twenty-one (21) days within which to consider the Agreement and that if he or she wished to execute this Agreement prior to expiration of such 21-day period, he has received additional benefits or she should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (d) Nothing in this Release Agreement prevents or precludes him 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 and (e) He or she was informed that he or she has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his or her right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Releasethis Agreement.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Qlogic Corp)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this Release, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this AgreementRelease. The Executive further expressly acknowledges and agrees that: 3.1 In return for this Release, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act (“OWBPA”) he has been, or hereby is, receive before entering into this Release; 3.2 He is xxxxxx advised in writing by this Release to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement, he has received additional benefits and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; ; 3.3 He was given a copy of this Release on [_________], and informed that he was provided up to 21 or 45 days, whichever is applicable, had twenty-one (21) days within which to consider and accept the terms of this Release; and nothing , that changes (whether material or otherwise) will not restart the 21-day period; 3.4 Nothing in this Release prevents or precludes him 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 and 3.5 He was informed that he has seven (7) days following the date of execution of this Release in which to revoke his acceptance of this Release, and this Release will become null and void if Executive so elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day seven (7)-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises her right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the this Release.

Appears in 1 contract

Samples: Employment Agreement (LiveOne, Inc.)

ADEA Waiver. The Executive Employee expressly acknowledges and agrees that by entering into this ReleaseRelease Agreement, he Employee is waiving any and all rights or claims Claims that he she may have arising under the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), which have arisen on or before the date of execution of this Release Agreement. The Executive Employee further expressly acknowledges and agrees that: A. In return for this Release Agreement, pursuant the Employee will receive consideration beyond that which the Employee was already entitled to the Older Workers Benefit Protection Act (“OWBPA”) he has been, or receive before entering into this Release Agreement; B. Employee is hereby is, advised in writing by this Release Agreement to consult with an attorney about the Release before signing this Release Agreement; C. Employee has voluntarily chosen to enter into this Release Agreement and has not been forced or pressured in any way to sign it; he is aware ; D. Employee was given a copy of his rights under OWBPA; as consideration for executing this AgreementRelease Agreement on [_________________, he has received additional benefits 20__] and compensation of value to informed that she had [twenty one (21)/forty five (45)] days within which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing in this Release prevents or precludes him from challenging or seeking a determination in good faith Agreement and that if she wished to execute this Release Agreement prior to expiration of such [21-day/45-day] period, she should execute 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 he has Endorsement attached hereto; E. Employee was informed that she had seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseRelease Agreement, and this Release Agreement will become null and void if Employee elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day revocation period. Executive understands In the event that if he revokes acceptanceEmployee exercises her right of revocation, neither the Company nor Employee will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the this Release is signed by all parties will be the "Effective Date" of the ReleaseAgreement.

Appears in 1 contract

Samples: Employment Agreement (Delcath Systems Inc)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this Release, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that, pursuant to the Older Workers Benefit Protection Act (“OWBPA”) he has been, or hereby is, advised in writing to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement, he has received additional benefits and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing in this Release prevents or precludes him 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 he has seven (7) days following the date of execution of this Release in which to revoke his acceptance of this Release, and that any revocation must be in writing and must be received by the Employer during the seven-day revocation period. Executive understands that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Release.

Appears in 1 contract

Samples: Management Employment Agreement (JELD-WEN Holding, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this Release, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this AgreementRelease. The Executive further expressly acknowledges and agrees that: (a) In return for this Release, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Release; (“OWBPA”b) he has been, or hereby is, He is xxxxxx advised in writing by this Release to consult with an attorney about the Release before signing it; this Release; (c) He was given a copy of this Release on XX, and informed that he is aware had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to expiration of his rights under OWBPA; as consideration for executing this Agreementsuch [twenty-one (21)-day//forty-five (45)-day] period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Schedule A; (d) Nothing in this Release prevents or precludes him Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and (e) He was informed that he has seven (7) days following the date of execution of this Release in which to revoke his acceptance of this Release, and this Release will become null and void if Executive so elects revocation during that any time. Any revocation must be in writing and must be received by the Employer during the seven-day seven (7)-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither Employer nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the this Release.

Appears in 1 contract

Samples: Employment Agreement (Paya Holdings Inc.)

ADEA Waiver. The Executive expressly Under the Older Workers Benefit Protection Act of 1990, EXECUTIVE acknowledges and agrees that by entering into this Release, he is knowingly and voluntarily waiving and releasing any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA’’) (“ADEA Waiver”), which have arisen on or before . He also acknowledges that the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that, pursuant consideration given for the ADEA Waiver is in addition to the Older Workers Benefit Protection Act (“OWBPA”) he has been, or hereby is, advised in writing to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement, he has received additional benefits and compensation anything of value to which he would is already entitled. He further acknowledges that he has been advised by this writing, as required by the ADEA, that: (a) his ADEA Waiver does not otherwise be entitled; he is not waiving apply to any rights or claims that may arise after the date he signs this Agreement and General Release; (b) he was provided up should consult with an attorney prior to 21 or 45 days, whichever is applicable, signing this Agreement and General Release; (c) he will have twenty-one (21) days to consider this Agreement and accept General Release (although he may choose to voluntarily sign it sooner but such Agreement shall not be binding until after such twenty one day period has expired) (the terms of this Release“Execution Date”); and nothing in this Release prevents or precludes him from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and (d) he has seven (7) days following the date Execution Date to revoke it, which revocation to be effective only if he delivers written notice of execution of revocation via letter, email or facsimile to the addressee set forth in the Preamble to this Agreement and General Release in which within the seven (7)-day period; and (e) this Agreement will not be effective or enforceable until that revocation period has expired (“Effective Date”). If Executive exercises his right to revoke his acceptance waiver and release under the ADEA, the remainder of this ReleaseAgreement shall continue in full force and effect, except that the amount of his compensation in Section 2 shall be reduced by $5,000 which Executive agrees that the remaining compensation constitutes adequate and that any revocation must be in writing sufficient consideration to continue to bind him to all provisions of this Agreement and must be received by the Employer during the seven-day revocation period. Executive understands that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Releasehis obligations hereunder.

Appears in 1 contract

Samples: Separation Agreement (Bit Digital, Inc)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that, pursuant to the Older Workers Benefit Protection Act : (“OWBPA”a) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (b) He was given a copy of this Agreement on [____________] and informed that he had twenty-one (21) days within which to consider this Agreement and that if he wished to execute this Agreement prior to expiration of such 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (c) Nothing in this Release Agreement prevents or precludes him the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and and (d) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if the Executive elects revocation during that any time. Any revocation must be in writing writing, addressed to the Company’s General Counsel and delivered in accordance with the notice provisions of the Employment Agreement, and must be received by the Employer Company during the seven-day revocation period. Executive understands In the event that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revokeexercises his right of revocation, neither the eighth day after Company nor the Release is signed by all parties Executive will be the "Effective Date" of the Releasehave any obligations under this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Corelogic, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Agreement; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (c) He was given a copy of this Agreement on [____________] and informed that he had twenty-one (21) days within which to consider the Agreement and that if he wished to executive this Agreement prior to expiration of such 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (d) Nothing in this Release Agreement prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Releasethis Agreement.

Appears in 1 contract

Samples: Employment Agreement (Qlogic Corp)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this Release, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this AgreementRelease. The Executive further expressly acknowledges and agrees that: (a) In return for this Release, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Release; (“OWBPA”b) he has been, or hereby is, He is hxxxxx advised in writing by this Release to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement, he has received additional benefits and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; ; (c) He was given a copy of this Release on [ ], and informed that he was provided up to 21 or 45 days, whichever is applicable, had twenty-one (21) days within which to consider and accept the terms of this Release; and nothing , that changes (whether material or otherwise) will not restart the 21-day period; (d) Nothing in this Release prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release in which to revoke his acceptance of this Release, and this Release will become null and void if Executive so elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day seven (7)-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the this Release.

Appears in 1 contract

Samples: Employment Agreement (Propanc Biopharma, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended 1967 (the “ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Agreement; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (c) He was given a copy of this Agreement on March 9, 2010 and informed that he had twenty-one (21) days within which to consider the Agreement and that if he wished to execute this Agreement prior to expiration of such 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit B; (d) Nothing in this Release Agreement prevents or precludes him the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and and (e) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if the Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven-day revocation period. Executive understands In the event that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revokeexercises his right of revocation, neither the eighth day after Company nor the Release is signed by all parties Executive will be the "Effective Date" of the Releasehave any obligations under this Agreement.

Appears in 1 contract

Samples: Employment Agreement

ADEA Waiver. The Executive expressly acknowledges Plaintiff specifically agrees and agrees acknowledges: (a) that by entering into his waiver of rights under this Release, he Agreement is waiving any knowing and all rights or claims that he may have arising voluntary as required under the Age Discrimination in Employment Act of 1967Act, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement29 U.S.C. § 621 et. The Executive further expressly acknowledges seq. and agrees that, pursuant to the Older Workers Benefit Protection Act Act; (“OWBPA”b) that he has been, or hereby is, advised in writing understands the terms of this Agreement; (c) that Irvine Sensors advises Executive to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for prior to executing this Agreement, he ; (d) that Irvine Sensors has received additional benefits and compensation given him a period of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, twenty-one (21) days within which to consider and accept the terms this Agreement; (e) that, following his execution of this Release; and nothing in this Release prevents or precludes him 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 from doing so, unless specifically authorized by federal law; and he has seven (7) days following the date of execution of this Release in which to revoke his acceptance this agreement to this Agreement by hand delivering a written revocation to the Chief Executive Officer of this Releasethe Company, and that any revocation must be in writing and must be received by the Employer during the seven-day revocation period. Executive understands that that, if he revokes acceptancechooses not to so revoke, any the Agreement shall then become effective and enforceable and the payments listed above shall then be made to him by the Employer under in accordance with the terms of the this Agreement; and (f) nothing in this Agreement must shall be returned construed to prohibit Executive from filing a charge or complaint, including a challenge to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" validity of the Releasewaiver provision of this Agreement, with a government agency or the Equal Employment Opportunity Commission or participating in any investigation conducted by the Equal Employment Opportunity Commission. However, Executive agrees he is waiving the right to monetary damages or other equitable or monetary relief (including reinstatement) as a result of such proceedings.

Appears in 1 contract

Samples: Confidential Transition Agreement and Release (Irvine Sensors Corp/De/)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he or she is waiving any and all rights or claims that he or she may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that, pursuant to the Older Workers Benefit Protection Act : (“OWBPA”a) he has been, He or she is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (b) He or she was given a copy of this Agreement on [ ] and informed that he or she had twenty-one (21) days within which to consider this Agreement and that if he or she wished to execute this Agreement prior to expiration of such 21-day period, he has received additional benefits or she should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (c) Nothing in this Release Agreement prevents or precludes him the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and and (d) He or she was informed that he or she has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if the Executive elects revocation during that any time. Any revocation must be in writing writing, addressed to the Company’s Chief Executive Officer and delivered in accordance with the notice provisions of the Employment Agreement, and must be received by the Employer Company during the seven-day revocation period. Executive understands In the event that if he revokes acceptance, any payments made to him by the Employer under the terms of the Agreement must be returned to the Employer. If the Executive does not revokeexercises his or her right of revocation, neither the eighth day after Company nor the Release is signed by all parties Executive will be the "Effective Date" of the Releasehave any obligations under this Agreement.

Appears in 1 contract

Samples: Employment Agreement (El Pollo Loco Holdings, Inc.)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended ("ADEA"), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that: (a) in return for this Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Agreement; (“OWBPA”b) he has been, or is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (c) he was given a copy of the Agreement on June 1, 2006 and informed that he had twenty-one (21) days within which to consider the Agreement and that if he wished to execute this Agreement prior to expiration of such 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitledWaiver attached hereto as Appendix C; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and (d) nothing in this Release Agreement prevents or precludes him Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; and (e) he was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company during the seven7-day revocation period. In the event Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Company nor Executive will have any payments made to him by the Employer obligations under the terms of the Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will be the "Effective Date" of the Releasethis Agreement.

Appears in 1 contract

Samples: Separation Agreement (Broadcom Corp)

ADEA Waiver. The Executive expressly acknowledges and agrees that by entering into this ReleaseAgreement, he is waiving any and all rights or claims that he may have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Agreement. The Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, pursuant he will receive consideration beyond that which he was already entitled to the Older Workers Benefit Protection Act receive before entering into this Agreement; (“OWBPA”b) he has been, or He is hereby is, advised in writing by this Agreement to consult with an attorney about the Release before signing it; he is aware of his rights under OWBPA; as consideration for executing this Agreement; (c) He was given a copy of this Agreement on August 28, 2015 and informed that he had twenty-one (21) days within which to consider this Agreement and that if he wished to execute this Agreement prior to expiration of such 21-day period, he has received additional benefits should execute the Acknowledgement and compensation of value to which he would not otherwise be entitled; he is not waiving any rights or claims that may arise after the date he signs this Release; he was provided up to 21 or 45 days, whichever is applicable, to consider and accept the terms of this Release; and nothing Waiver attached hereto as Exhibit A-1; (d) Nothing in this Release Agreement prevents or precludes him 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 and (e) He was informed that he has seven (7) days following the date of execution of this Release Agreement in which to revoke his acceptance of this ReleaseAgreement, and this Agreement will become null and void if Executive elects revocation during that any time. Any revocation must be in writing and must be received by the Employer Company (Attention: General Counsel) during the seven-day revocation period. In the event that Executive understands that if he revokes acceptanceexercises his right of revocation, neither the Company nor Executive will have any payments made to him by obligations under this Agreement, including without limitation the Employer under the terms obligations of the Company described in Section 2(b) through 2(e) above to make payments or provide benefits to Executive. The “Effective Date” of this Agreement must be returned to the Employer. If the Executive does not revoke, the eighth day after the Release is signed by all parties will shall be the "Effective Date" day immediately following the last day of the Releaserevocation period described above.

Appears in 1 contract

Samples: General Release Agreement (Qlogic Corp)

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