Age Discrimination Release. In addition to the waivers and releases contained in the preceding paragraph, Employee further agrees that in consideration of the payments provided above, she/he also specifically releases Iomega from any and all liabilities claims, causes of action, demand for damages or remedies of any kind, including claims for attorneys' fees and legal costs, arising under the Age Discrimination in Employment Act of 1967, as amended, related to or arising out of his/her employment or termination from employment with Iomega up to and including the date of this Agreement. Employee understands and acknowledges that by this Agreement she/he does not waive any rights or claims relating to age discrimination that may arise after the date of this Agreement. She/he is advised to consult with an attorney regarding this Agreement. Employee also acknowledges that prior to signing this Agreement she/he has 45 days from the date of his receipt of the Agreement within which to consider it and to consult with an attorney of his/her choice regarding it. Should she/he nevertheless elect to execute this Agreement sooner than 45 days after she/he has received it, she/he specifically and voluntarily waives the right to claim or allege that she/he has not been allowed by Iomega or by any circumstances beyond his/her control to consider the Agreement for a full 45 days. Employee also acknowledges and agrees that this Agreement will not become effective or enforceable until after seven days from the date it is signed by him ("Age Release Period"). During the Age Release Period Employee understands and agrees that she/he may revoke the provisions of this Section by delivering written notice of this revocation to Xxxxxx Xxxxxx, Director of Human Resources, Iomega Corporation, 0000 Xxxx Xxxxxx Xxx, Xxx, XX 00000. Employee also acknowledges that he/she has received information regarding the ages and job titles of other employees within his/her department who have also been affected by this reduction in force, as well as the ages and job titles of the employees within his/her department who were not selected for reduction. This information is attached as Exhibit A to this Agreement.
Age Discrimination Release. Executive fully and unconditionally releases Releasees from any and all claims which he has or may have against Releasees or any of them up to and including the date of this Agreement under the Age Discrimination in Employment Act of 1967, as amended ("ADEA"), or any other statute prohibiting discrimination based upon age.
Age Discrimination Release. Employee expressly acknowledges and agrees that, among the matters waived and released are any and all rights or claims arising under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621 et seq. (the “ADEA”), which have arisen on or before the date Employee executes this Agreement (the “ADEA Release”). Because the ADEA contains special provisions affecting the release of ADEA claims, Employee also expressly acknowledges and agrees that:
a. In return for this executing this Agreement and the ADEA Release, in particular, Employee will receive consideration, i.e., something of value, beyond that which Employee was already entitled to receive before entering into this Agreement; b. Employee has the right and is advised to consult with an attorney of Employee’s own choosing before signing this Agreement; c. The releases contained in this Agreement (including, without limitation, the ADEA Release) do not cover the rights or claims that may arise after the date on which Employee executes this Agreement; d. Employee has been given a reasonable period of time (at least twenty-one (21) days if Employee so chooses) within which to consider the Agreement; any changes,
Age Discrimination Release. In addition to the waivers and releases contained in the preceding paragraph, and in consideration of the payments provided above, Employee also specifically releases Iomega from any and all liabilities, claims, causes of action, demand for damages or remedies of any kind, including claims for attorneys’ fees and legal costs, arising under the Age Discrimination in Employment Act of 1967, as amended, related to or arising out of his/her employment or termination from employment with Iomega up to and including the date of this Agreement. Employee is advised to consult with an attorney regarding this Agreement. Employee also acknowledges that prior to signing this Agreement Employee has 45 days from the date of his receipt of the Agreement within which to consider it and to consult with an attorney of his/her choice regarding it. Should Employee nevertheless elect to execute this Agreement sooner than 45 days after she/he has received it, Employee specifically and voluntarily waives the right to claim or allege that she/he has not been allowed by Iomega or by any circumstances beyond his/her control to consider the Agreement for a full 45 days. Employee also acknowledges and agrees that this Agreement will not become effective or enforceable until after seven (7) days from the date it is signed by Employee (“Age Release Period”). During the Age Release Period Employee understands and agrees that she/he may revoke the provisions of this Section by delivering written notice of this revocation to Xxxxxx Xxxxxx, Director of Human Resources, Iomega Corporation, 0000 Xxxx Xxxxxx Xxx, Xxx, XX 00000. This provision is not intended to change or affect current law regarding the knowing and voluntary nature of releases, including but not limited to the law regarding the knowing and voluntary nature of releases under the Older Workers Benefit Protection Act. Exec Sep Agreement Over 40 2 Revised March 2006 Employee also acknowledges that he/she has received information regarding the ages and job titles of other employees within his/her department who have also been affected by this reduction in force, as well as the ages and job titles of the employees within his/her department who were not selected for reduction. This information is attached as Exhibit A to this Agreement.
Age Discrimination Release a. The Employee releases and forever discharges the Company and each of its employees, officers, directors, shareholders, agents, predecessors and successors in interest, parents, subsidiaries, attorneys, and assigns ("Company-Affiliates"), from any and all claims, demands, obligations and/or liabilities which arise out of or relate to any action by the Company or the Company-Affiliates or omission to act by the Company or the Company-Affiliates occurring on or before the date this Agreement is signed by the Employee (the “Release”) to the extent such claims, demands, obligations and/or liabilities arise out of or relate any rights or claims the Employee may have under the Age Discrimination in Employment in Employment Act, 29 U.S.C. §§621, et seq., (as amended by the Older Workers' Benefit Protection Act, 29 U.S.C. §626(f)) which prohibits age discrimination in employment.
b. To the maximum extent permitted by law, the Release extends to all claims of every nature and kind whatsoever, whether known or unknown, suspected or unsuspected involving age discrimination. The Employee expressly waives the provisions of Section 1542 of the Civil Code which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
c. The Release does not waive any rights or claims that the Employee might have arising after the date the Employee signs this Agreement.
d. The Employee promises and states that the Employee has not given or sold any claim discussed in this Agreement to anyone and that the Employee has not filed a lawsuit, claim, or charge with any court or government agency asserting any claims that are released by the Release.
e. This Agreement recognizes the rights and responsibilities of the Equal Employment Opportunity Commission (“EEOC”) and the California Department of Fair Employment and Housing (“DFEH”) to enforce the statutes which come under their jurisdiction. This Agreement is not intended to prevent Employee from initiating or participating in any investigation or proceeding conducted by the EEOC or the DFEH; provided, however, that nothing in this section limits or affects the finality or scope of the Release. The Employee has waived and released any claim the Employee may have for damages based on any alleged age discrimination and may not recover damage...
Age Discrimination Release. Hall releases KN and all persons released in paragraph 4(c) above from any claims under the federal Age Discrimination in Employment Act, 29 U.S.C. Section 621, et seq.
Age Discrimination Release. In consideration of the Company's agreement to make the payments set forth in Paragraph 2 above, to which Fiorxxxxxx xxxressly acknowledges he was not otherwise entitled, Fiorxxxxxx, xx his behalf and on behalf of his heirs, executors, administrators and assigns, hereby fully releases, discharges and covenants not to sue xx file administrative charges against the Company and any of its affiliates, subsidiaries, successors and assigns, as well as its and their past, present and future directors, officers, trustees, agents, representatives, attorneys and employees for any claims that he might have had in the absence of this Agreement for employment discrimination based on age under the federal law known as the Age Discrimination in Employment Act, 29 U.S.X.xx. 001, et seq., and comparable state laws prohibiting employment discrimination on the basis of age, including, without limitation, M.G.L. c. 151B,ss. 4, and M.G.L. c. 93,ss.103. By executing this Agreement, Fiorxxxxxx xxxs not waive rights or claims that may arise based on facts or conditions occurring after the date of this Agreement.
Age Discrimination Release. The following release applies to all claims by you arising under the Age Discrimination in Employment Act and/or the Older Workers Benefit Protection Act of 1990 (collectively “ADEA/OWBPA”) and shall be referred to as the “ADEA Release.”
A. In consideration for twenty-five percent (25%) of the payment to be made pursuant to paragraph 2, above, you, individually and on behalf of your heirs, successors and assigns, hereby completely release and forever discharge the Released Parties from and against any and all matters, claims, demands, liabilities, debts, and causes of action arising under the ADEA/OWBPA and arising out of or relating directly or indirectly to your employment with the Companies and/or the termination of such employment.
B. You understand that this ADEA Release does not release any rights or claims you may have against any of the Released Parties that arise after the date of this Release.
C. You hereby acknowledges that you have been informed that you may take up to twenty-one (21) days to consider this Release, including this ADEA Release, if you so desire. You acknowledge that you have carefully reviewed and fully understand all of the provisions of this Release, and you are entering into this Release voluntarily and of your own free will.
D. You hereby acknowledge that you many revoke this entire Release within seven (7) days from the date you sign this Release, with such revocation effective only upon written notice to the Companies, within such seven (7) day period (“Revocation Period”). In such event, all provisions of this Release shall be null and void.
Age Discrimination Release. In connection with the waiver in Paragraph 5 above, of any and all claims of age discrimination that Employee has or may have on the date of this Agreement, Employee makes the following acknowledgments:
A. By signing this Agreement, Employee is releasing any and all claims that he has or may have on the date of this Agreement against Company and its partners, members, officers, directors, agents, employees, legal representatives, affiliates and related entities, successors and assigns, for discrimination based on age, including without limitation, any claim that he has or may have on the date of this Agreement which arises under or by reason of violation of the Age Discrimination in Employment Act, as amended, 29 U.S.C. §621 et seq., Chapter 4112 of the Ohio Revised Code, or §4101.17 of the Ohio Revised Code.
B. Employee acknowledges that, absent his entering into this Agreement and agreeing to release claims, he would not be entitled to the compensation described in Paragraph 2(A) of this Agreement.
C. Company has advised Employee to seek legal counsel prior to executing this Agreement, and Employee is being given or has been given a period of twenty- one (21) days within which to consider whether or not to enter into this Agreement.
Age Discrimination Release. Xxxxx acknowledges this Severance and Release Agreement specifically releases, among other things, his right to sue Belhaven for any alleged violations to his rights under the Age Discrimination in Employment Act, 29 U.S.C. §621, et seq. Xxxxx further acknowledges that he has forty-five (45) days from his receipt of this Agreement in which to consider whether to accept this Agreement’s terms. After acceptance and execution of the Agreement, Xxxxx will have seven (7) days in which to reconsider and decide not to accept this Agreement, after which the Agreement becomes final and binding. Xxxxx also acknowledges that he understands the entire Belhaven football staff is being terminated and the staff consists of the following positions and ages: Head Coach 65 Yes Assistant Coach 48 Yes Assistant Coach 37 Yes Assistant Coach 33 Yes Assistant Coach 29 Yes Assistant Coach 29 Yes Assistant Coach 29 Yes Director of Football Operations 29 Yes Belhaven reserves the right to rehire any football staff member in the future.98
