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, 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 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 Employee has been provided a copy of this Agreement, has signed this Agreement voluntarily, and with full knowledge of its consequences. In addition, 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 Employee; b. The release provisions of this Agreement apply to any rights Employee may have under the ADEA up to the date Employee signs this Agreement; c. The release provisions of this Agreement do not apply to any rights or claims Employee may have under the ADEA that arise after the date Employee signs this Agreement; d. Employee has been advised that Employee should consult with an attorney prior to signing this Agreement; e. Employee has been provided a period of twenty-one (21) calendar days (the “Review Period”) from Employee’s last day of employment with the Company to consider this Agreement. Employee may, but is not required to, accept and sign this Agreement before the expiration of the Review Period, but no earlier than Employee’s last day of employment with the Company. If Employee signs and returns this Agreement before the expiration of the Review Period, Employee agrees that Employee is knowingly and expressly waiving the time-period; f. For a period of seven (7) calendar days following her signing of this Agreement, 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 Employee signs the Agreement. This Agreement shall become “effective” on the eighth calendar day after Employee signs it if it has not been revoked during the seven (7) day revocation period (the “Effective Date”); g. Employee shall not be entitled to receive any severance benefits unless this Agreement is timely executed and returned to the Company on or by the end of the Review Period and there is no revocation during the revocation period described in Section 3(f) (“Revocation Period”); and h. Employee may not sign this Agreement until after 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 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 Employee signs 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 Employee he signs this Agreement; d. The Employee has been advised that Employee 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 Employee’s 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 Employee’s his 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 Employee he is knowingly and expressly waiving the time-period; f. For a period of seven (7) calendar days following her his 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. Employee shall not be entitled to receive Payment of any severance benefits unless is conditioned on the execution of this Agreement is timely executed and returned to the Company on or by no later than five (5) days after the end of the Review Period and there is no revocation during the running of the revocation period described in Section 3(f) (“Revocation Period”); and h. The Employee may not sign this Agreement until after Employee’s 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, 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 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 Employee has been provided a copy of this Agreement, has signed this Agreement voluntarily, and with full knowledge of its consequences. In addition, 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 Employee; b. (b) The release provisions of this Agreement apply to any rights Employee may have under the ADEA up to the date Employee signs this Agreement; c. (c) The release provisions of this Agreement do not apply to any rights or claims Employee may have under the ADEA that arise after the date Employee signs this Agreement; d. (d) Employee has been advised that Employee should consult with an attorney prior to signing this Agreement; e. (e) Employee has been provided a period of twenty-one (21) calendar days (the “Review Period”) from Employee’s last day of employment with the Company to consider this Agreement. Employee may, but is not required to, accept and sign this Agreement before the expiration of the Review Period, but no earlier than Employee’s last day of employment with the Company. If Employee signs and returns this Agreement before the expiration of the Review Period, Employee agrees that Employee is knowingly and expressly waiving the time-period; f. (f) For a period of seven (7) calendar days following her signing of this Agreement, 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 Employee signs the Agreement. This Agreement shall become “effective” on the eighth calendar day after Employee signs it if it has not been revoked during the seven (7) day revocation period (the “Effective Date”); g. (g) Employee shall not be entitled to receive any severance benefits unless this Agreement is timely executed and returned to the Company on or by the end of the Review Period and there is no revocation during the revocation period described in Section 3(f) (“Revocation Period”); and h. (h) Employee may not sign this Agreement until after 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, 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 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 Employee has been provided a copy of this Agreement, has signed this Agreement voluntarily, and with full knowledge of its consequences. In addition, 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 EmployeeXxxxxxxx; b. The release provisions of this Agreement apply to any rights Employee may have under the ADEA up to the date Employee signs this Agreement; c. The release provisions of this Agreement do not apply to any rights or claims Employee may have under the ADEA that arise after the date Employee signs this Agreement; d. Employee has been advised that Employee should consult with an attorney prior to signing this Agreement; e. Employee has been provided a period of twenty-one (21) calendar days (the “Review Period”) from Employee’s last day of employment with the Company to consider this Agreement. Employee may, but is not required to, accept and sign this Agreement before the expiration of the Review Period, but no earlier than Employee’s last day of employment with the Company. If Employee signs and returns this Agreement before the expiration of the Review Period, Employee agrees that Employee is knowingly and expressly waiving the time-period; f. For a period of seven (7) calendar days following her signing of this Agreement, 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 Employee signs the Agreement. This Agreement shall become “effective” on the eighth calendar day after Employee signs it if it has not been revoked during the seven (7) day revocation period (the “Effective Date”); g. Employee shall not be entitled to receive any severance benefits unless this Agreement is timely executed and returned to the Company on or by the end of the Review Period and there is no revocation during the revocation period described in Section 3(f) (“Revocation Period”); and h. Employee may not sign this Agreement until after 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 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 Employee signs 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 Employee he signs this AgreementRelease; d. The Employee has been advised that Employee 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 Employee’s 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 Employee’s his last day of employment with the Company. If the Employee signs and returns this Agreement Release before the expiration of the Review Period, the Employee agrees that Employee he is knowingly and expressly waiving the time-period; f. For a period of seven (7) calendar days following her 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. Employee shall not be entitled to receive Payment of any severance benefits unless is conditioned on the execution of this Agreement is timely executed and returned to the Company on or by Release no later than five (5) days after the end of the Review Period and there is no revocation during the running of the revocation period described in Section 3(f) (“Revocation Period”); and h. The Employee may not sign this Agreement Release until after Employee’s 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.