Age Discrimination in Employment Act. Executive acknowledges, agrees and understands that:
(a) under the general release detailed above, Executive is waiving and releasing, among other claims, any rights and claims that may exist under the Age Discrimination in Employment Act (“ADEA”);
(b) the waiver and release of claims set forth in the release above does not apply to any rights or claims that may arise under the ADEA after the date of execution of this Agreement;
(c) the payments and other consideration that are being provided to Executive are of significant value and are in addition to what Executive otherwise would be entitled;
(d) Executive is being advised in writing to consult with an attorney before signing this Agreement;
(e) Executive is being given a period of twenty-one (21) days within which to review and consider this Agreement before signing it, though Executive may sign earlier, and if Executive fails to sign and return this Agreement within the twenty-one (21) day consideration period, the Company’s offer and this Agreement will expire on its own terms and the Company may assert that Executive was terminated for cause or otherwise;
(f) Executive may revoke her/his acceptance of this Agreement by providing written notice to the Company within seven (7) days following its execution, and any notice of revocation of this Agreement must be in writing and transmitted by hand or certified mail to:
(g) Because of Executive’s right to revoke this Agreement, this Agreement shall not become effective and enforceable until the eighth (8th) day after the return of an executed copy of this Agreement by Executive to the Company (the “Effective Date”), and Executive will not be entitled to any of the benefits set forth in this Agreement until after the Effective Date.
Age Discrimination in Employment Act. Xxxxx hereby acknowledges and agrees that this Agreement and the termination of Xxxxx’x employment and all actions taken in connection therewith are in compliance with the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act and that the release set forth in paragraph 7 hereof shall be applicable, without limitation, to any claims brought under these Acts. Xxxxx further acknowledges and agrees that:
a. The release given by Xxxxx in this Agreement is given solely in exchange for the consideration set forth in this Agreement and such consideration is in addition to anything of value which Xxxxx was entitled to receive prior to entering into this Agreement;
b. By entering into this Agreement, Xxxxx does not waive rights or claims that may arise after the date this Agreement is executed;
x. Xxxxx has been advised to consult an attorney prior to entering into this Agreement, and this provision of the Agreement satisfies the requirement of the Older Workers Benefit Protection Act that Xxxxx be so advised in writing;
x. Xxxxx has been offered twenty-one (21) days from receipt of this Agreement within which to consider the terms of this Agreement; and
e. For a period of seven (7) days following Xxxxx’x execution of this Agreement, he may revoke this Agreement and this Agreement shall not become effective or enforceable until such seven (7) day period has expired.
Age Discrimination in Employment Act. Notwithstanding any other provision of this Plan, the Employer, in accordance with the provisions of the Age Discrimination in Employment Act, shall have no right to compel a Participant to retire, except as otherwise provided in this Section, if in the calendar year or the preceding calendar year, the Employer may retire a Participant who for the two (2) year period prior to retirement is employed in a bona fide executive or high policy making position if (1) he has attained age sixty-five (65); (2) he has attained Normal Retirement Date and (3) his annual retirement benefit from the pension, profit-sharing, savings or deferred compensation plans maintained by the Employer equals, in the aggregate, at least $44,000. This Section shall be deemed to be automatically amended to reflect any subsequent Federal legislation or regulations.
Age Discrimination in Employment Act. Employee hereby acknowledges and agrees that this Agreement and the termination of Employee’s employment and all actions taken in connection therewith are in compliance with the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefit Protection Act (OWBPA). By executing this Agreement, Employee acknowledges and agrees that (a) Employee understands the terms of this Agreement; (b) Employee is waiving Employee’s right to assert claims against Employer and the Releasees under the ADEA; (c) Employee is waiving claims Employee now has or may have against Employer and the Releasees through the date of the execution of this Agreement, but is not waiving rights or claims that may arise after the date this Agreement is executed; (d) Employee is receiving money and/or other valuable consideration to which Employee is not otherwise entitled to receive; (e) Employee has been advised to consult with an attorney prior to executing this Agreement; (f) Employee has had up to forty-five (45) days to consider this Agreement before executing it; and (g) Employee has seven (7) days after executing this Agreement to revoke its acceptance.
Age Discrimination in Employment Act. (ADEA). A federal statute prohibiting employers with 20 or more employees from discriminating in employment against persons 40 years or older. Penalties for violating the ADEA include reinstatement with back pay and fringe benefits, plus reasonable attorney’s fees.
Age Discrimination in Employment Act. Employee represents that he understands and acknowledges that the Age Discrimination in Employment Act, provides him the right to bring a claim against Employer if the Employee believes that he has been discriminated against on the basis of age. Employee expressly warrants that he will not file any claim or action against Employer, its officers, directors, shareholders, agents, employees or any entity or employee associated with or employed by Employer based on any alleged violations of the Age Discrimination in Employment Act arising prior to the date he executes this Agreement. Employee hereby waives any right to assert a claim for relief under this Act, including but not limited to, back pay, attorneys' fees, damages, reinstatement or injunctive relief.
Age Discrimination in Employment Act. 1. Employee also acknowledges and agrees that Employee is waiving and releasing any and all claims or rights Employee may have under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), that this waiver and release is knowing and voluntary, and that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled as an employee of the Company. Employee further acknowledges that Employee is advised that: (a) Employee should consult with an attorney (at Employee’s own expense) prior to executing this Release (Employee understands that whether Employee consults an attorney or not is Employee’s decision); (b) this Release does not waive or release any rights or claims Employee may have under the ADEA which may arise after Employee executes this Release; and (c) if Employee is age forty (40) or older on the date Employee signs this Release (i) Employee has at least twenty-one (21) days in which to consider this Release (although Employee may choose to execute this Release earlier but not before the conclusion of Employee’s last day of employment); (ii) Employee has seven (7) days following execution of this Release to revoke this Release (to be effective, any revocation must be actually received in writing by the Company by 12:00 a.m. on the eighth day); and (iii) this Release shall not be effective until the revocation period has expired.
2. Employee acknowledges and agrees that Employee was given a copy of this Release and has carefully read it and understands it, that Employee has been given the opportunity to consult with the persons identified in Section 11 regarding this Release and that Employee has entered into this Release voluntarily and with full knowledge of its final and binding effect.
Age Discrimination in Employment Act. Executive hereby represents and acknowledges that he is being given 21 days to consider whether to sign this Agreement (including the general release of claims set forth in Section 9 hereof) and that he has seven (7) days from the date that he signs this Agreement to revoke this Agreement. Any revocation of this Agreement must be in writing and personally delivered to Employer, 3000 Xxxxx Xxxx, Xxxxxxxx Xxxxx, Xxxx 00000, Attn: Chief Financial Officer, or if mailed, postmarked within seven (7) days of the date upon which it was signed by you.
Age Discrimination in Employment Act. “ADEA”). Because Xxxx is 40 years of age or older, the Company is advising Xxxx of, and Xxxx acknowledges, the following:
(a) Twenty-One (21)
Age Discrimination in Employment Act. 1. Employee also acknowledges and agrees that Employee is waiving and releasing any and all claims or rights Employee may have under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), that this waiver and release is knowing and voluntary, and that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled as an employee of the Company. Employee further acknowledges that Employee is advised that: (a) Employee should consult with an attorney (at Employee’s own expense) prior to executing this Release (Employee understands that whether Employee consults an attorney or not is Employee’s decision); (b) this Release does not waive or release any rights or claims Employee may have under the ADEA which may arise after Employee executes this Release; and (c) if Employee is age forty (40) or older on the date Employee signs this Release (i) Employee has at least twenty-one (21) days in which to consider this Release (although Employee may choose to execute this Release earlier but not before the conclusion of Employee’s last day of employment); (ii) Employee has seven (7) days following execution of this Release to revoke this Release (to be effective, any revocation must be actually received in writing by the Company by 12:00 a.m. on the eighth day); and (iii) this Release shall not be effective until the revocation period has expired.
2. Employee acknowledges and agrees that Employee was given a copy of this Release and has carefully read it and understands it, that Employee has been given the opportunity to consult with the persons identified In Section 11 regarding this Release and that Employee has entered into this Release voluntarily and with full knowledge of its final and binding effect.
