Common use of ADEA Clause in Contracts

ADEA. With specific regard to this Agreement, Xxxxxxx understands and acknowledges that: a. This Agreement constitutes an enforceable contract, and by signing this Agreement, he is waiving rights that he may have against the Company Releasees as of the Execution Date, including claims under the Age Discrimination in Employment Act (“ADEA”) as applicable, as well as other federal, state and local laws, based on his employment or separation from employment with the Company; b. He understands that he is not releasing any claims that may arise after the Effective Date (as defined in Paragraph 16 below); c. He is receiving, in exchange for this Agreement, valuable consideration in addition to anything of value to which he is already entitled; d. The Company has advised him to consult with an attorney prior to executing this Agreement; e. He has a period of 21 calendar days from the date he receives this Agreement, or so much of such 21-day period as he cares to utilize, to review, consider and sign this Agreement; f. He may revoke this Agreement at any time within seven (7) calendar days after the Execution Date by delivering a written notice of revocation to the Company’s General Counsel; g. If he does not execute and deliver this Agreement within the 21-day period referenced in (e) above, or if he revokes this Agreement after signing it within the 7-day period referenced in (f) above, he will be ineligible to receive any of the consideration under this Agreement; and h. The Company’s obligation to provide the consideration under this Agreement is contingent upon (i) his execution of this Agreement and the expiration of the associated revocation period without his revocation of the Agreement, and (ii) his execution of the General Release (pursuant to the last paragraph of Paragraph 3 above) and the expiration of the associated revocation period without his revocation of the General Release.

ADEA. With specific regard to this Agreement, Xxxxxxx Xxxxxxxx understands and acknowledges that: a. (a) This Agreement constitutes an enforceable contract, and by signing this Agreement, he is waiving rights that he may have against the Company Releasees as of the Execution Date, including claims under the Age Discrimination in Employment Act (“ADEA”) as applicable, as well as other federal, state and local laws, based on his employment or separation from employment with the Company; b. (b) He understands that he is not releasing any claims that may arise after the Effective Date (as defined in Paragraph paragraph 16 below); c. (c) He is receiving, in exchange for this Agreement, valuable consideration in addition to anything of value to which he is already entitled; d. (d) The Company has advised him to consult with an attorney prior to executing this Agreement; e. (e) He has a period of 21 calendar days from the date he receives this Agreement, or so much of such 21-day period as he cares to utilize, to review, consider and sign this Agreement; f. (f) He may revoke this Agreement at any time within seven (7) calendar days after the Execution Date by delivering a written notice of revocation to the Company’s General Counsel; g. (g) If he does not execute and deliver this Agreement within the 21-day period referenced in (e) above, or if he revokes this Agreement after signing it within the 7-day period referenced in (f) above, he will be ineligible to receive any of the consideration under this Agreement; and h. (h) The Company’s obligation to provide the consideration under this Agreement is contingent upon upon (i) his execution of this Agreement and the expiration of the associated revocation period without his revocation of the Agreement, and (ii) his execution of the General Release (pursuant to the last paragraph of Paragraph 3 above) and the expiration of the associated revocation period without his revocation of the General Release.

ADEA. With specific regard to this Agreement, Xxxxxxx Folsom understands and acknowledges that: a. This Agreement constitutes an enforceable contract, and by signing this Agreement, he she is waiving rights that he she may have against the Company Releasees as of the Execution Date, including claims under the Age Discrimination in Employment Act (“ADEA”) as applicable, as well as other federal, state and local laws, based on his her employment or separation from employment with the Company; b. He She understands that he she is not releasing any claims that may arise after the Effective Date (as defined in Paragraph 16 below)Execution Date; c. He She is receiving, in exchange for this Agreement, valuable consideration in addition to anything of value to which he she is already entitled; d. The Company has advised him her to consult with an attorney prior to executing this Agreement; e. He She has had a period of 21 twenty-one (21) calendar days from the date he receives she received this Agreement, or so much of such 21-day period as he cares she cared to utilize, to reviewreceive, consider and sign execute and deliver this Agreement; f. He She may revoke this Agreement at any time within seven (7) calendar days after the Execution Date by delivering a written notice of revocation to the Company’s Deputy General Counsel-Commercial Law (or his designee); g. If he she does not execute and deliver this Agreement within the 21-day period referenced in subparagraph (e) above, or if he she revokes this Agreement after signing it its execution and delivery within the 7-day period referenced in subparagraph (f) above, he she will be ineligible to receive any of the consideration under set forth in Paragraph 2 (Consideration) of this Agreement; and h. The Company’s obligation to provide the consideration under this Agreement is contingent upon (i) his upon her execution and delivery of this Agreement and the expiration of the associated revocation period without his revocation of the her having revoked this Agreement, and (ii) his execution of the General Release (pursuant to the last paragraph of Paragraph 3 above) and the expiration of the associated revocation period without his revocation of the General Release.

ADEA. With specific regard to this Agreement, Xxxxxxx understands and acknowledges that: a. This Agreement constitutes an enforceable contract, and by signing this Agreement, Employee represents that he is knowingly and voluntarily waiving any and all rights that he currently may have against the Company Releasees as of the Execution Date, including claims arising under the Age Discrimination in Employment Act (“ADEA”) as applicableof 1967, as well as other federal, state and local laws, based on his employment or separation from employment with the Company; b. He amended. Employee understands that he is not releasing any claims that may arise after has the Effective Date (as defined in Paragraph 16 below); c. He is receiving, in exchange for this Agreement, valuable consideration in addition to anything of value to which he is already entitled; d. The Company has advised him right to consult with an attorney prior to executing before signing this Agreement; e. He . Employee also understands that he has twenty-one (21) days after his receipt of this Agreement within which he may review and consider, discuss with an attorney of his own choosing, and decide to execute or not execute it. Employee further understands that for a period of 21 calendar days from the date he receives this Agreement, or so much of such 21-day period as he cares to utilize, to review, consider and sign this Agreement; f. He may revoke this Agreement at any time within seven (7) calendar days after the Execution Date by delivering a written notice he signs this Agreement, he may revoke his release of revocation all claims. In order to revoke his release, Employee must deliver to the Chief Executive Officer of the Company’s General Counsel; g. If , by no later than seven (7) days after he does not execute executes this Agreement, a letter stating that he is revoking it. Employee understands and deliver this Agreement within the 21-day period referenced in (e) above, or agrees that if he revokes this Agreement after signing it within the 7-day period referenced in (f) abovehis release, he will be ineligible have no right to receive receive, and the Company will have no obligation to provide, any of the consideration under this Agreement; and h. The Company’s obligation to provide the consideration under benefits described in this Agreement is contingent upon (i) his execution of or the Separation Agreements and that this Agreement (including any exhibits hereto) will be null and void. If Employee does not deliver such a letter, then this Agreement shall become effective upon the expiration of the associated revocation period without his revocation of seventh day after he executes this Agreement (the Agreement, and (ii) his execution of the General Release (pursuant "Effective Date"). If Employee executes this Agreement prior to the last paragraph of Paragraph 3 abovetwenty-first (21st) and day after its delivery to him, Employee hereby acknowledges that his decision to execute this Agreement prior to the expiration of the associated revocation such twenty-one (21) day period without his revocation of the General Releasewas entirely voluntary.