Common use of Age Discrimination in Employment Act; Older Workers Benefit Protection Act of 1990 Clause in Contracts

Age Discrimination in Employment Act; Older Workers Benefit Protection Act of 1990. In addition to the general release in Paragraph 2 of this Agreement, the Employee is waiving and releasing any and all claims against Released Parties under the Age Discrimination and Employment Act (“ADEA”) that arose at any time during the Employee’s employment with the Company, up to and including his last day of employment. This Agreement is subject to the terms of the Older Workers Benefit Protection Act of 1990 (“OWBPA”). The OWBPA provides that an individual cannot waive a right or claim under the ADEA unless the waiver is knowing and voluntary. Pursuant to the terms of the OWBPA, the Employee acknowledges and agrees that the Employee has been provided a copy of this Agreement, has signed this Agreement voluntarily, and with full knowledge of its consequences. In addition, the Employee hereby acknowledges and agrees as follows: a. This Agreement has been written in a manner that is calculated to be understood, and is understood, by the Employee; b. The release provisions of this Agreement apply to any rights the Employee may have under the ADEA up to the date of this Agreement; c. The release provisions of this Agreement do not apply to any rights or claims the Employee may have under the ADEA that arise after the date he signs this Agreement; d. The Employee has been advised that he should consult with an attorney prior to signing this Agreement; e. The Employee has been provided a period of twenty-one (21) calendar days (the “Review Period”) from his last day of employment with the Company to consider this Agreement. The Employee may, but is not required to, accept and sign this Agreement before the expiration of the Review Period, but no earlier than his last day of employment with the Company. If the Employee signs this Agreement before the expiration of the Review Period, the Employee agrees that he is knowingly and expressly waiving the time-period; f. For a period of seven (7) calendar days following his signing of this Agreement, the Employee may revoke this Agreement by providing written notice of any such revocation to [___________________], on or before the seventh day after the Employee signs the Agreement. This Agreement shall become “effective” on the eighth calendar day after the Employee signs it if it has not been revoked during the seven (7) day revocation period (the “Effective Date”); g. Payment of any severance benefits is conditioned on the execution of this Agreement no later than five (5) days after the end of the Review Period and the running of the revocation period described in 3(f) (“Revocation Period”); and h. The Employee may not sign this Agreement until after his last day of employment with the Company and the Agreement shall not be effective if the Employee executes the Agreement prior to such date.

Age Discrimination in Employment Act; Older Workers Benefit Protection Act of 1990. In addition to the general release in Paragraph 2 of this Agreement, the Employee is waiving and releasing any and all claims against Released Parties under the Age Discrimination and Employment Act (“ADEA”) that arose at any time during the Employee’s employment with the Company, up to and including his last day of employment. This Agreement is subject to the terms of the Older Workers Benefit Protection Act of 1990 (“OWBPA”). The OWBPA provides that an individual cannot waive a right or claim under the ADEA unless the waiver is knowing and voluntary. Pursuant to the terms of the OWBPA, the Employee acknowledges and agrees that the Employee has been provided a copy of this Agreement, has signed this Agreement voluntarily, and with full knowledge of its consequences. In addition, the Employee hereby acknowledges and agrees as follows: a. This Agreement has been written in a manner that is calculated to be understood, and is understood, by the Employee; b. The release provisions of this Agreement apply to any rights the Employee may have under the ADEA up to the date of Employee signs this Agreement; c. The release provisions of this Agreement do not apply to any rights or claims the Employee may have under the ADEA that arise after the date he Employee signs this Agreement; d. The Employee has been advised that he Employee should consult with an attorney prior to signing this Agreement; e. The Employee has been provided a period of twenty-one (21) calendar days (the “Review Period”) from his Employee’s last day of employment with the Company to consider this Agreement. The Employee may, but is not required to, accept and sign this Agreement before the expiration of the Review Period, but no earlier than his Employee’s last day of employment with the Company. If the Employee signs and returns this Agreement before the expiration of the Review Period, the Employee agrees that he Employee is knowingly and expressly waiving the time-period; f. For a period of seven (7) calendar days following his her signing of this Agreement, the Employee may revoke this Agreement by providing written notice of any such revocation to [___________________]the Company’s General Counsel, on or before the seventh day after the Employee signs the Agreement. This Agreement shall become “effective” on the eighth calendar day after the Employee signs it if it has not been revoked during the seven (7) day revocation period (the “Effective Date”); g. Payment of Employee shall not be entitled to receive any severance benefits is conditioned on the execution of unless this Agreement no later than five (5) days after is timely executed and returned to the Company on or by the end of the Review Period and the running of there is no revocation during the revocation period described in Section 3(f) (“Revocation Period”); and h. The Employee may not sign this Agreement until after his Employee’s last day of employment with the Company and the Agreement shall not be effective if the Employee executes the Agreement prior to such date.

Age Discrimination in Employment Act; Older Workers Benefit Protection Act of 1990. In addition to the general release in Paragraph 2 of this Agreement, the Employee is waiving and releasing any and all claims against Released Parties under the Age Discrimination and Employment Act (“ADEA”) that arose at any time during the Employee’s employment with the Company, up to and including his last day of employment. This Agreement is subject to the terms of the Older Workers Benefit Protection Act of 1990 (“OWBPA”). The OWBPA provides that an individual cannot waive a right or claim under the ADEA unless the waiver is knowing and voluntary. Pursuant to the terms of the OWBPA, the Employee acknowledges and agrees that the Employee has been provided a copy of this Agreement, has signed this Agreement voluntarily, and with full knowledge of its consequences. In addition, the Employee hereby acknowledges and agrees as follows: a. This Agreement has been written in a manner that is calculated to be understood, and is understoodthat, by the Employee; b. The release provisions of entering into this Agreement apply to Second Release, Employee is waiving any and all rights the or claims that Employee may have under the ADEA up to Age Discrimination in Employment Act of 1967 (“ADEA”), as amended, arising on or before the date of this Agreement;Effective Date. Employee further expressly agrees that: c. The release provisions of this Agreement do not apply to (a) Employee is knowingly and voluntarily releasing and waiving any rights or claims the Employee may have of discrimination under the ADEA ADEA, but is not waiving rights or claims that may arise after the date he Employee signs this AgreementSecond Release; d. The (b) Employee has been given the opportunity and has in fact read this entire Second Release and has had all questions regarding its meaning answered to Employee’s satisfaction; (c) Employee was advised that he should consult with an attorney and hereby is advised in writing to seek independent legal advice and/or counsel of Employee’s own choosing prior to signing this Agreement; e. The Employee has been provided a period of twenty-one (21) calendar days (the “Review Period”) from his last day of employment with the Company to consider this Agreement. The Employee may, but is not required to, accept and sign this Agreement before the expiration of the Review Period, but no earlier than his last day of employment with the Company. If the Employee signs this Agreement before the expiration of the Review Period, the Employee agrees that he is knowingly and expressly waiving the time-period; f. For a period of seven (7) calendar days following his signing of this Agreement, the Employee may revoke this Agreement by providing written notice of any such revocation to [___________________], on or before the seventh day after the Employee signs the Agreement. This Agreement shall become “effective” on the eighth calendar day after the Employee signs it if it has not been revoked during the seven (7) day revocation period (the “Effective Date”); g. Payment of any severance benefits is conditioned on the execution of this Agreement no later than five Second Release; (5d) days after Employee fully understands the end contents of this Second Release and understands that it is a FULL WAIVER OF ALL CLAIMS against the Review Period and the running Released Parties given in return for valuable consideration, which is in addition to anything of the revocation period described in 3(f) (“Revocation Period”)value to which Employee is already entitled; and h. The (e) Employee may not sign enters into this Agreement until after his last day of employment with Second Release knowingly and voluntarily in exchange for the Company and the Agreement shall not be effective if the Employee executes the Agreement prior to such datepromises referenced herein AND THAT NO OTHER REPRESENTATIONS HAVE BEEN MADE TO EMPLOYEE TO INDUCE OR INFLUENCE EMPLOYEE’S EXECUTION OF THIS SECOND RELEASE.

Age Discrimination in Employment Act; Older Workers Benefit Protection Act of 1990. In addition to the general release in Paragraph 2 of this Agreement, the Employee is waiving and releasing any and all claims against Released Parties under the Age Discrimination and Employment Act (“ADEA”) that arose at any time during the Employee’s employment with the Company, up to and including his last day of employment. This Agreement is subject to the terms of the Older Workers Benefit Protection Act of 1990 (“OWBPA”). The OWBPA provides that an individual cannot waive a right or claim under the ADEA unless the waiver is knowing and voluntary. Pursuant to the terms of the OWBPA, the Employee acknowledges and agrees that the Employee has been provided a copy of that, by entering into this Release Agreement, has signed this Agreement voluntarily, Employee is waiving any and with full knowledge of its consequences. In addition, the Employee hereby acknowledges and agrees as follows: a. This Agreement has been written in a manner all rights or claims that is calculated to be understood, and is understood, by the Employee; b. The release provisions of this Agreement apply to any rights the Employee may have under the ADEA up to Age Discrimination in Employment Act of 1967 (“ADEA”), as amended, arising on or before the date of this Agreement;Effective Date. Employee further expressly agrees that: c. The release provisions of this Agreement do not apply to (a) Employee is knowingly and voluntarily releasing and waiving any rights or claims the Employee may have of discrimination under the ADEA ADEA, but is not waiving rights or claims that may arise after the date he Employee signs this Release Agreement; d. The (b) Employee has been given the opportunity and has in fact read this entire Release Agreement and has had all questions regarding its meaning answered to Employee’s satisfaction; (c) Employee was advised that he should consult with an attorney and hereby is advised in writing to seek independent legal advice and/or counsel of Employee’s own choosing prior to signing this Agreement; e. The Employee has been provided a period of twenty-one (21) calendar days (the “Review Period”) from his last day of employment with the Company to consider this Agreement. The Employee may, but is not required to, accept and sign this Agreement before the expiration of the Review Period, but no earlier than his last day of employment with the Company. If the Employee signs this Agreement before the expiration of the Review Period, the Employee agrees that he is knowingly and expressly waiving the time-period; f. For a period of seven (7) calendar days following his signing of this Agreement, the Employee may revoke this Agreement by providing written notice of any such revocation to [___________________], on or before the seventh day after the Employee signs the Agreement. This Agreement shall become “effective” on the eighth calendar day after the Employee signs it if it has not been revoked during the seven (7) day revocation period (the “Effective Date”); g. Payment of any severance benefits is conditioned on the execution of this Release Agreement; (d) Employee fully understands the contents of this Release Agreement no later than five (5) days after and understands that it is a FULL WAIVER OF ALL CLAIMS against the end Released Parties given in return for valuable consideration, which is in addition to anything of the Review Period and the running of the revocation period described in 3(f) (“Revocation Period”)value to which Employee is already entitled; and h. The (e) Employee may not sign enters into this Release Agreement until after his last day of employment with knowingly and voluntarily in exchange for the Company and the Agreement shall not be effective if the Employee executes the Agreement prior to such datepromises referenced herein AND THAT NO OTHER REPRESENTATIONS HAVE BEEN MADE TO EMPLOYEE TO INDUCE OR INFLUENCE EMPLOYEE’S EXECUTION OF THIS RELEASE AGREEMENT.

Age Discrimination in Employment Act; Older Workers Benefit Protection Act of 1990. In addition to the general release in Paragraph 2 of this Agreement, the Employee is waiving and releasing any and all claims against Released Parties under the Age Discrimination and Employment Act (“ADEA”) that arose at any time during the Employee’s employment with the Company, up to and including his last day of employment. This Agreement is subject to the terms of the Older Workers Benefit Protection Act of 1990 (“OWBPA”). The OWBPA provides that an individual cannot waive a right or claim under the ADEA unless the waiver is knowing and voluntary. Pursuant to the terms of the OWBPA, the Employee acknowledges and agrees that the Employee has been provided a copy of this Agreement, has signed this Agreement voluntarily, and with full knowledge of its consequences. In addition, the Employee hereby acknowledges and agrees as follows: a. (a) This Agreement has been written in a manner that is calculated to be understood, and is understood, by the Employee; b. (b) The release provisions of this Agreement apply to any rights the Employee may have under the ADEA up to the date of Employee signs this Agreement; c. (c) The release provisions of this Agreement do not apply to any rights or claims the Employee may have under the ADEA that arise after the date he Employee signs this Agreement; d. The (d) Employee has been advised that he Employee should consult with an attorney prior to signing this Agreement; e. The (e) Employee has been provided a period of twenty-one (21) calendar days (the “Review Period”) from his Employee’s last day of employment with the Company to consider this Agreement. The Employee may, but is not required to, accept and sign this Agreement before the expiration of the Review Period, but no earlier than his Employee’s last day of employment with the Company. If the Employee signs and returns this Agreement before the expiration of the Review Period, the Employee agrees that he Employee is knowingly and expressly waiving the time-period; f. (f) For a period of seven (7) calendar days following his her signing of this Agreement, the Employee may revoke this Agreement by providing written notice of any such revocation to [___________________]the Company’s General Counsel, on or before the seventh day after the Employee signs the Agreement. This Agreement shall become “effective” on the eighth calendar day after the Employee signs it if it has not been revoked during the seven (7) day revocation period (the “Effective Date”); g. Payment of (g) Employee shall not be entitled to receive any severance benefits is conditioned on the execution of unless this Agreement no later than five (5) days after is timely executed and returned to the Company on or by the end of the Review Period and the running of there is no revocation during the revocation period described in Section 3(f) (“Revocation Period”); and h. The (h) Employee may not sign this Agreement until after his Employee’s last day of employment with the Company and the Agreement shall not be effective if the Employee executes the Agreement prior to such date.

Age Discrimination in Employment Act; Older Workers Benefit Protection Act of 1990. In addition to the general release in Paragraph 2 of Executive acknowledges and agrees that, by entering into this Release Agreement, the Employee Executive is waiving and releasing any and all rights or claims against Released Parties that Executive may have under the Age Discrimination and in Employment Act of 1967 (“ADEA”) that arose at any time during ), as amended, arising on or before the Employee’s employment with the Company, up to and including his last day of employmentEffective Date. This Agreement is subject to the terms of the Older Workers Benefit Protection Act of 1990 (“OWBPA”). The OWBPA provides that an individual cannot waive a right or claim under the ADEA unless the waiver is knowing and voluntary. Pursuant to the terms of the OWBPA, the Employee acknowledges and Executive further expressly agrees that the Employee has been provided a copy of this Agreement, has signed this Agreement voluntarily, and with full knowledge of its consequences. In addition, the Employee hereby acknowledges and agrees as followsthat: a. This Agreement has been written in a manner that (a) Executive is calculated to be understood, knowingly and is understood, by the Employee; b. The release provisions of this Agreement apply to any rights the Employee may have under the ADEA up to the date of this Agreement; c. The release provisions of this Agreement do not apply to voluntarily releasing and waiving any rights or claims the Employee may have of discrimination under the ADEA ADEA, but is not waiving rights or claims that may arise after the date he Executive signs this Release Agreement; d. The Employee (b) Executive has been given the opportunity and has in fact read this entire Release Agreement and has had all questions regarding its meaning answered to Executive’s satisfaction; (c) Executive was advised that he should consult with an attorney and hereby is advised in writing to seek independent legal advice and/or counsel of Executive’s own choosing prior to signing this Agreement; e. The Employee has been provided a period of twenty-one (21) calendar days (the “Review Period”) from his last day of employment with the Company to consider this Agreement. The Employee may, but is not required to, accept and sign this Agreement before the expiration of the Review Period, but no earlier than his last day of employment with the Company. If the Employee signs this Agreement before the expiration of the Review Period, the Employee agrees that he is knowingly and expressly waiving the time-period; f. For a period of seven (7) calendar days following his signing of this Agreement, the Employee may revoke this Agreement by providing written notice of any such revocation to [___________________], on or before the seventh day after the Employee signs the Agreement. This Agreement shall become “effective” on the eighth calendar day after the Employee signs it if it has not been revoked during the seven (7) day revocation period (the “Effective Date”); g. Payment of any severance benefits is conditioned on the execution of this Release Agreement; (d) Executive fully understands the contents of this Release Agreement no later than five (5) days after and understands that it is a FULL WAIVER OF ALL CLAIMS against the end Released Parties given in return for valuable consideration, which is in addition to anything of the Review Period and the running of the revocation period described in 3(f) (“Revocation Period”)value to which Executive is already entitled; and h. The Employee may not sign (e) Executive enters into this Release Agreement until after his last day of employment with knowingly and voluntarily in exchange for the Company and the Agreement shall not be effective if the Employee executes the Agreement prior to such datepromises referenced herein AND THAT NO OTHER REPRESENTATIONS HAVE BEEN MADE TO EXECUTIVE TO INDUCE OR INFLUENCE EXECUTIVE’S EXECUTION OF THIS RELEASE AGREEMENT.

Age Discrimination in Employment Act; Older Workers Benefit Protection Act of 1990. In addition to the general release in Paragraph 2 of Employee acknowledges and agrees that, by entering into this Separation Agreement, the Employee is waiving and releasing any and all rights or claims against Released Parties that Employee may have under the Age Discrimination and Employment Act (“ADEA”) that arose at any time during ), as amended, arising on or before the Employee’s employment with the Company, up to and including his last day of employmentEffective Date. This Agreement is subject to the terms of the Older Workers Benefit Protection Act of 1990 (“OWBPA”). The OWBPA provides that an individual cannot waive a right or claim under the ADEA unless the waiver is knowing and voluntary. Pursuant to the terms of the OWBPA, the Employee acknowledges and further expressly agrees that the Employee has been provided a copy of this Agreement, has signed this Agreement voluntarily, and with full knowledge of its consequences. In addition, the Employee hereby acknowledges and agrees as followsthat: a. This Agreement has been written in a manner that Employee is calculated to be understood, knowingly and is understood, by the Employee; b. The release provisions of this Agreement apply to any rights the Employee may have under the ADEA up to the date of this Agreement; c. The release provisions of this Agreement do not apply to voluntarily releasing and waiving any rights or claims the Employee may have of discrimination under the ADEA ADEA, but is not waiving rights or claims that may arise after the date he Employee signs this Separation Agreement; b. Employee has been given the opportunity and has in fact read this entire Separation Agreement and has had all questions regarding its meaning answered to Employee’s satisfaction; c. Employee was advised and hereby is advised in writing to seek independent legal advice and/or counsel of Employee’s own choosing prior to the execution of this Separation Agreement; d. The Employee has been advised that he should consult with an attorney prior to signing this Agreement; e. The Employee has been provided a period of twenty-one (21) calendar days (fully understands the “Review Period”) from his last day of employment with the Company to consider this Agreement. The Employee may, but is not required to, accept and sign this Agreement before the expiration of the Review Period, but no earlier than his last day of employment with the Company. If the Employee signs this Agreement before the expiration of the Review Period, the Employee agrees that he is knowingly and expressly waiving the time-period; f. For a period of seven (7) calendar days following his signing contents of this AgreementSeparation Agreement and understands that it is a FULL WAIVER OF ALL CLAIMS against the Released Parties given in return for valuable consideration, the which is in addition to anything of value to which Employee may revoke this Agreement by providing written notice of any such revocation to [___________________], on or before the seventh day after the Employee signs the Agreement. This Agreement shall become “effective” on the eighth calendar day after the Employee signs it if it has not been revoked during the seven (7) day revocation period (the “Effective Date”); g. Payment of any severance benefits is conditioned on the execution of this Agreement no later than five (5) days after the end of the Review Period and the running of the revocation period described in 3(f) (“Revocation Period”)already entitled; and h. The e. Employee may not sign enters into this Separation Agreement until after his last day of employment with knowingly and voluntarily in exchange for the Company and the Agreement shall not be effective if the Employee executes the Agreement prior to such datepromises referenced herein AND THAT NO OTHER REPRESENTATIONS HAVE BEEN MADE TO EMPLOYEE TO INDUCE OR INFLUENCE EMPLOYEE’S EXECUTION OF THIS SEPARATION AGREEMENT.

Age Discrimination in Employment Act; Older Workers Benefit Protection Act of 1990. In addition to the general release in Paragraph 2 of this AgreementRelease, the Employee is waiving and releasing any and all claims against Released Parties under the Age Discrimination and Employment Act (“ADEA”) that arose at any time during the Employee’s employment with the Company, up to and including his last day of employment. This Agreement Release is subject to the terms of the Older Workers Benefit Protection Act of 1990 (“OWBPA”). The OWBPA provides that an individual cannot waive a right or claim under the ADEA unless the waiver is knowing and voluntary. Pursuant to the terms of the OWBPA, the Employee acknowledges and agrees that the Employee has been provided a copy of this AgreementRelease, has signed this Agreement Release voluntarily, and with full knowledge of its consequences. In addition, the Employee hereby acknowledges and agrees as follows: a. This Agreement Release has been written in a manner that is calculated to be understood, and is understood, by the Employee; b. The release provisions of this Agreement Release apply to any rights the Employee may have under the ADEA up to the date of this AgreementRelease; c. The release provisions of this Agreement Release do not apply to any rights or claims the Employee may have under the ADEA that arise after the date he signs this AgreementRelease; d. The Employee has been advised that he should consult with an attorney prior to signing this AgreementRelease; e. The Employee has been provided a period of twenty-one (21) calendar days (the “Review Period”) from his last day of employment with the Company to consider this AgreementRelease. The Employee may, but is not required to, accept and sign this Agreement Release before the expiration of the Review Period, but no earlier than his last day of employment with the Company. If the Employee signs this Agreement Release before the expiration of the Review Period, the Employee agrees that he is knowingly and expressly waiving the time-period; f. For a period of seven (7) calendar days following his signing of this AgreementRelease, the Employee may revoke this Agreement Release by providing written notice of any such revocation to [___________________]Xxxxxx X. Xxxxxxx, the Company’s Executive Vice-President and General Counsel, on or before the seventh day after the Employee signs the AgreementRelease. This Agreement Release shall become “effective” on the eighth calendar day after the Employee signs it if it has not been revoked during the seven (7) day revocation period (the “Effective Date”); g. Payment of any severance benefits is conditioned on the execution of this Agreement Release no later than five (5) days after the end of the Review Period and the running of the revocation period described in 3(f) (“Revocation Period”); and h. The Employee may not sign this Agreement Release until after his last day of employment with the Company and the Agreement Release shall not be effective if the Employee executes the Agreement Release prior to such date.

Age Discrimination in Employment Act; Older Workers Benefit Protection Act of 1990. In addition to the general release in Paragraph 2 of this Agreement, the Employee is waiving and releasing any and all claims against Released Parties under the Age Discrimination and Employment Act (“ADEA”) that arose at any time during the Employee’s employment with the Company, up to and including his last day of employment. This Agreement is subject to the terms of the Older Workers Benefit Protection Act of 1990 (“OWBPA”). The OWBPA provides that an individual cannot waive a right or claim under the ADEA unless the waiver is knowing and voluntary. Pursuant to the terms of the OWBPA, the Employee acknowledges and agrees that the Employee has been provided a copy of this Agreement, has signed this Agreement voluntarily, and with full knowledge of its consequences. In addition, the Employee hereby acknowledges and agrees as follows: a. This Agreement has been written in a manner that is calculated to be understood, and is understood, by the EmployeeXxxxxxxx; b. The release provisions of this Agreement apply to any rights the Employee may have under the ADEA up to the date of Employee signs this Agreement; c. The release provisions of this Agreement do not apply to any rights or claims the Employee may have under the ADEA that arise after the date he Employee signs this Agreement; d. The Employee has been advised that he Employee should consult with an attorney prior to signing this Agreement; e. The Employee has been provided a period of twenty-one (21) calendar days (the “Review Period”) from his Employee’s last day of employment with the Company to consider this Agreement. The Employee may, but is not required to, accept and sign this Agreement before the expiration of the Review Period, but no earlier than his Employee’s last day of employment with the Company. If the Employee signs and returns this Agreement before the expiration of the Review Period, the Employee agrees that he Employee is knowingly and expressly waiving the time-period; f. For a period of seven (7) calendar days following his her signing of this Agreement, the Employee may revoke this Agreement by providing written notice of any such revocation to [___________________]the Company’s General Counsel, on or before the seventh day after the Employee signs the Agreement. This Agreement shall become “effective” on the eighth calendar day after the Employee signs it if it has not been revoked during the seven (7) day revocation period (the “Effective Date”); g. Payment of Employee shall not be entitled to receive any severance benefits is conditioned on the execution of unless this Agreement no later than five (5) days after is timely executed and returned to the Company on or by the end of the Review Period and the running of there is no revocation during the revocation period described in Section 3(f) (“Revocation Period”); and h. The Employee may not sign this Agreement until after his Employee’s last day of employment with the Company and the Agreement shall not be effective if the Employee executes the Agreement prior to such date.