Compliance with Older Workers Benefit Protection Act. In compliance with the Older Workers Benefit Protection Act (P.L. 101-433), the Company and [Name] do hereby acknowledge as follows:
(a) That, I, [Name], acknowledge that this Release specifically applies to any rights or claims I may have against the Company or any party released herein under the federal Age Discrimination in Employment Act of 1967, as amended;
(b) This Release does not purport to waive rights or claims that may arise from acts or events occurring after the date that this Release is executed by the parties;
(c) That, I, [Name], acknowledge that the consideration provided for in this Release and the provisions of this paragraph are in addition to that to which I am already entitled;
(d) That, I, [Name], understand that this Release shall be revocable for a seven (7) day period following execution of this Release by me. Accordingly, this Release shall not become effective or enforceable until the expiration of this seven (7) day revocation period.
(e) That, I, [Name], acknowledge that I have been advised of my right to consult with an attorney, and have in fact consulted with an attorney, prior to signing this Release and have been given a period of twenty-one (21) days within which to consider whether to sign this Release.
Compliance with Older Workers Benefit Protection Act. In compliance with the Older Workers Benefit Protection Act (P.L. 101-433), the Company and the undersigned do hereby acknowledge and agree as follows:
(a) That the General Release specifically applies to any rights or claims the undersigned may have against the Company or any party released therein under ADEA.
(b) That the General Release does not purport to waive rights or claims that may arise from acts or events occurring after the date of the undersigned’s execution of the General Release.
(c) That the General Release shall be revocable by the undersigned for a seven (7) day period following the date of the undersigned’s execution of the General Release by providing a written notice of revocation to the Company’s General Counsel, and accordingly, this Agreement shall not become effective or enforceable until the expiration of this seven (7) day revocation period. If the undersigned elects to revoke the General Release during the revocation period, this Agreement shall be void and of no effect in its entirety. However, the termination of the undersigned’s employment shall still be effective.
(d) In accordance with the requirements of the Older Workers Benefit Protection Act, the Company has provided the undersigned, as Exhibit B to this Agreement, a list of the job titles and ages of relevant employees who, as of the date hereof, have been terminated and offered severance benefits, together with the job classifications and ages of relevant employees who, as of the date hereof, have not been terminated and therefore have not been offered severance benefits at this time.
(e) That the undersigned has been advised to consult with an attorney prior to signing this Agreement and has been given a period of forty-five (45) days within which to consider whether to sign this Agreement and that, if the undersigned executes this Agreement prior to such forty-fifth (45th) day, the undersigned acknowledges that he has waived his right to consider during the remainder of such period.
(f) The undersigned acknowledges that, in deciding whether or not to execute this Agreement, he has not relied on any representations or statements not set forth in this Agreement.
Compliance with Older Workers Benefit Protection Act. Before executing this Agreement, Executive is advised to consult with an attorney of his choice, at his expense. By signing this Agreement, Executive specifically acknowledges and represents that:
(a) Executive has been given a period of 21 days to consider the terms of this Agreement;
(b) The claims being waived, released and discharged in Paragraph 4 of this Agreement include any and all claims Executive has or may have arising out of or related to Executive’s employment with Nucor or termination of that employment, including any and all claims under the ADEA;
(c) The ADEA claims being waived, released and discharged in Paragraph 4 do not include any claims that may arise after the date Executive signs this Agreement;
(d) The benefits Nucor will provide to Executive under this Agreement include consideration and benefits that Executive was not otherwise entitled to receive before signing this Agreement; and
(e) The terms of this Agreement are clear and understandable to Executive. The parties acknowledge and agree that Executive has 7 days after execution hereof in which to revoke this Agreement, and this Agreement shall not become effective and enforceable and Nucor shall have no obligations to make any payments hereunder until the expiration of 7 days (without such revocation) following its execution by Executive. To revoke this Agreement, Executive should notify the General Counsel of Nucor Corporation, by fax or email confirmed by certified mail within such 7-day period. No attempted revocation after the expiration of such 7-day period shall have any effect on the terms of this Agreement.
Compliance with Older Workers Benefit Protection Act. Executive acknowledges that he is not entitled to the consideration being provided to him under this Agreement unless Executive enters into this Agreement, including the releases of Claims contained in this Agreement. Executive acknowledges that he is waiving claims under the Age Discrimination in Employment Act, as amended, that arose on or prior to his execution of this Agreement. Executive also acknowledges that he is being given twenty-one (21) days to consider this Agreement, and that he has carefully read and understands all of the provisions of this Agreement. Executive is hereby advised in writing to consult with an attorney prior to signing this Agreement. Executive acknowledges that his decision to execute this Agreement is knowing and voluntary. Executive has the right to revoke this Agreement within seven (7) days of signing this Agreement by sending a letter by certified mail indicating his intention to revoke to Xxxxx Xxxxxx located at 0000 Xxxxx Xxxxx Xxxxx, Xxxx Xxxxxxx XX 80525. The waiver of claims under the Age Discrimination in Employment Act, as amended, shall not become effective until the expiration of the revocation period set forth above.
Compliance with Older Workers Benefit Protection Act. In compliance with the Older Workers Benefit Protection Act (P.L. 101-433), the Company and [Name] do hereby acknowledge as follows:
(a) (a) That, I, [Name], acknowledge that this Release specifically applies to any rights or claims I may have against the Company or any party released herein under the federal Age Discrimination in Employment Act of 1967, as amended;
Compliance with Older Workers Benefit Protection Act. In addition to the items noted, acknowledged or discussed in Paragraph 17 above, by signing this Agreement, Executive specifically acknowledges and represents that:
(a) Executive has been given a period of twenty-one days to consider the terms of this Agreement.
(b) The terms of this Agreement are clear and understandable to Executive; and
(c) The benefits Nucor will provide to Executive under this Agreement exceed the benefits that Executive was otherwise entitled to receive as an employee of Nucor.
Compliance with Older Workers Benefit Protection Act. By signing this Agreement, Employee specifically acknowledges and represents that:
(a) Employee has been given a period of at least 21 days to consider the terms of this Agreement;
(b) The terms of this Agreement are clear and understandable to Employee;
(c) The benefits Company will provide to Employee under the program exceed the benefits that Employee was otherwise entitled to receive as an employee of Company;
(d) Employee has been advised to consult with an attorney (at Employee’s expense) prior to signing this Agreement; and
(e) Employee has been advised that he/she has the right to revoke this Agreement at any time within the seven-day period following his/her signature of this Agreement.
Compliance with Older Workers Benefit Protection Act. Employee and the Company desire and intend that this Agreement comply with the terms of the Older Workers’ Benefit Protection Act. Accordingly, Employee acknowledges that he has been advised of the following rights:
a. Employee understands that federal and state laws, including the Age Discrimination in Employment Act, prohibit employment discrimination based upon age, sex, race, color, national origin, ethnicity, or disability. Employee further understands and agrees that, by signing this Agreement, he agrees to waive any and all such claims, and releases the Released Parties from any and all such claims.
b. EMPLOYEE AGREES THAT THIS RELEASE IS GIVEN KNOWINGLY AND VOLUNTARILY AND ACKNOWLEDGE THAT:
(i) THIS AGREEMENT IS WRITTEN IN A MANNER UNDERSTOOD BY EMPLOYEE;
(ii) THIS RELEASE REFERS TO RIGHTS UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT, AS AMENDED;
(iii) EMPLOYEE HAS NOT WAIVED ANY RIGHTS ARISING AFTER THE DATE OF THIS AGREEMENT;
(iv) EMPLOYEE HAS RECEIVED VALUABLE CONSIDERATION IN EXCHANGE FOR THE RELEASES OTHER THAN AMOUNTS EMPLOYEE IS OTHERWISE ALREADY ENTITLED TO RECEIVE;
(v) EMPLOYEE HAS TWENTY-ONE (21) DAYS AFTER RECEIVING THIS AGREEMENT TO CONSIDER WHETHER TO SIGN IT;
(vi) IN THE EVENT THAT EMPLOYEE SIGNS THE AGREEMENT, HE HAS ANOTHER SEVEN (7) DAYS TO REVOKE IT BY DELIVERING NOTICE AS SET FORTH IN SECTION 5(f).
(vii) NEITHER THE COMPANY NOR ITS AGENTS OR ATTORNEYS HAS MADE ANY REPRESENTATIONS OR PROMISES TO THE TERMS OR EFFECTS OF THIS AGREEMENT OTHER THAN THOSE CONTAINED HERE; AND
(viii) EMPLOYEE HAS BEEN ADVISED TO CONSULT WITH AN ATTORNEY PRIOR TO EXECUTING THIS AGREEMENT.
Compliance with Older Workers Benefit Protection Act. This Agreement is intended to comply with Section 201 of the Older Workers Benefit Protection Act of 1990, 29 U.S.C.ss.626(f). Accordingly, Employee acknowledges and represents that Employee:
a. waives all rights or claims against C&D under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C.ss.621, et seq. ("ADEA") knowingly and voluntarily in exchange for consideration of value to which Employee is not otherwise entitled;
b. has been advised in writing by C&D to consult with an attorney in connection with this Agreement and Employee's decision to waive Employee's rights or claims under the ADEA;
c. has been given a period of at least twenty-one (21) days within which to consider this Agreement and Employee's decision to waive Employee's rights or claims under the ADEA; and
d. has been informed by C&D and understands that Employee may revoke this Agreement for a period of seven (7) calendar days after signing it and that this Agreement will not become effective or enforceable until after this seven (7) day period has expired.
Compliance with Older Workers Benefit Protection Act. This Agreement is intended to comply with Section 201 of the Older Worker's Benefit Protection Act of 1990. Accordingly, Executive acknowledges and represents that he: (a) waives his claims under the ADEA knowingly and voluntarily in exchange for consideration of value to which he would not otherwise have been entitled; (b) has been advised by the Company to consult an attorney before signing this Agreement; (c) has been given a period of at least 21 days within which to consider this Agreement; and (d) has been informed by the Company and understands that he may revoke this Agreement for a period of 7 days after signing it (the "Revocation Period"), and that this Agreement shall not become effective or enforceable until the Revocation Period has expired. He understands that any revocation he makes shall be in writing, sent by facsimile, hand delivery or overnight mail, to Company in accordance with Section 17 of this Agreement. In the event that his acceptance of this Release is revoked, then Executive shall immediately return to the Company any payments made to him under this Agreement.
