Common use of Compliance with Older Workers Benefit Protection Act Clause in Contracts

Compliance with Older Workers Benefit Protection Act. 25. LXXXXXX shall have twenty-one (21) days in which to review this Agreement and have it reviewed by an attorney, it being understood that, at his option, LXXXXXX shall have the right to execute the Agreement prior to that date. It is also understood and agreed that LXXXXXX shall be bound by the Agreement if not revoked within seven (7) days after execution of the Agreement. LXXXXXX understands and agrees that he is being provided with consideration greater than that to which he is entitled, and it is further understood and agreed that, by this Agreement, neither LXXXXXX nor the COMPANY is waiving any rights that may arise after entering into this Agreement. LXXXXXX also has been advised of his right to consult with legal counsel prior to executing a copy of this Agreement. LXXXXXX AND THE COMPANY REPRESENT THAT THEY HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL OF THE PROVISIONS OF THIS AGREEMENT, THAT THEY HAVE HAD SUFFICIENT OPPORTUNITY TO REVIEW AND DISCUSS THIS AGREEMENT WITH AN ATTORNEY; THAT THEY HAVE BEEN GIVEN A REASONABLE PERIOD OF TIME WITHIN WHICH TO CONSIDER THE AGREEMENT BEFORE SIGNING IT; AND THAT THEY ARE VOLUNTARILY SIGNING THE AGREEMENT WITHOUT ANY DURESS OR COERCION.

Compliance with Older Workers Benefit Protection Act. 2519. LXXXXXX TXXXXX shall have twenty-one (21) days in which to review this Agreement and have it reviewed by an attorney, it being understood that, at his option, LXXXXXX TXXXXX shall have the right to execute the Agreement prior to that date. It is also understood and agreed that LXXXXXX that, with respect to all claims other than claims arising under the ADEA, TXXXXX shall be bound by the Agreement as of the date of execution of the Agreement. With respect to claims arising under the ADEA, TXXXXX shall be bound by the Agreement if not revoked within seven (7) days after execution of the Agreement. LXXXXXX TXXXXX further acknowledges and agrees that if he does revoke this Agreement pursuant to the preceding sentence, he shall be required to repay the COMPANY the amounts described in the first paragraph of Item 6 of Exhibit B. XXXXXX understands and agrees that he is being provided with consideration greater than that to which he is entitled, and it is further understood and agreed that, by this Agreement, neither LXXXXXX TXXXXX nor the COMPANY is waiving any rights that may arise after entering into this Agreement. LXXXXXX TXXXXX also has been advised of his right to consult with legal counsel prior to executing a copy of this Agreement. LXXXXXX TXXXXX AND THE COMPANY REPRESENT THAT THEY HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL OF THE PROVISIONS OF THIS AGREEMENT, THAT THEY HAVE HAD SUFFICIENT OPPORTUNITY TO REVIEW AND DISCUSS THIS AGREEMENT WITH AN ATTORNEY; THAT THEY HAVE BEEN GIVEN A REASONABLE PERIOD OF TIME WITHIN WHICH TO CONSIDER THE AGREEMENT BEFORE SIGNING IT; AND THAT THEY ARE VOLUNTARILY SIGNING THE AGREEMENT WITHOUT ANY DURESS OR COERCION.

Compliance with Older Workers Benefit Protection Act. 25. LXXXXXX Xxxxx shall have twenty-one (21) days in which to review this Agreement and have it reviewed by an attorney, it being understood that, at his option, LXXXXXX Xxxxx shall have the right to execute the Agreement prior to that date. It is also understood and agreed that LXXXXXX Xxxxx shall be bound by the Agreement if not revoked within seven (7) days after execution of the Agreement. LXXXXXX Xxxxx understands and agrees that he is being provided with consideration greater than that to which he is entitled, and it is further understood and agreed that, by this Agreement, neither LXXXXXX Xxxxx nor the COMPANY BTFHC is waiving any rights that may arise after entering into this Agreement. LXXXXXX Xxxxx also has been advised of his right to consult with legal counsel prior to executing a copy of this Agreement. LXXXXXX EACH OF THE PARTIES REPRESENTS AND WARRANTS THAT THE COMPANY REPRESENT THAT THEY HAVE CAREFULLY READ PARTY IS REPRESENTED BY COUNSEL AND FULLY UNDERSTAND ALL OF HAS CONSULTED WITH THE PARTY’S ATTORNEY THROUGHOUT THESE PROCEEDINGS, INCLUDING ABOUT THE PROVISIONS OF THIS AGREEMENT. XXXXX FURTHER REPRESENTS AND WARRANTS THAT HE HAS READ THIS AGREEMENT, THAT THEY HAVE HAD UNDERSTANDS ITS TERMS AND ITS LEGAL CONSEQUENCES, HAS BEEN AFFORDED SUFFICIENT OPPORTUNITY TO REVIEW AND DISCUSS THIS AGREEMENT WITH AN ATTORNEY; THAT THEY HAVE BEEN GIVEN A REASONABLE PERIOD OF TIME WITHIN IN WHICH TO CONSIDER THE THIS AGREEMENT BEFORE SIGNING IT; AND THAT THEY ARE VOLUNTARILY SIGNING THE ITS RELEASE OF ALL CLAIMS, AND IS ENTERING INTO THIS AGREEMENT WITHOUT ANY DURESS OR COERCION.KNOWINGLY AND VOLUNTARILY. BALLY TOTAL FITNESS HOLDING Xxxx X. Xxxxx CORPORATION By:

Compliance with Older Workers Benefit Protection Act. 2531. LXXXXXX MCDONALD shall have twenty-one (21) days in which to review this Agreement and have it reviewed by an attorney, it being understood that, at his option, LXXXXXX MCDONALD shall have the right to execute the Agreement prior to that date. It is also understood and agreed that LXXXXXX MCDONALD shall be bound by the Agreement if not revoked within seven (7) days after execution of the Agreement. LXXXXXX MCDONALD understands and agrees that he is being provided with consideration greater than that to which he is entitled, and it is further understood and agreed that, by this Agreement, neither LXXXXXX MCDONALD nor the COMPANY is waiving any rights that may arise after entering into this Agreement. LXXXXXX MCDONALD also has been advised of his right to consult with legal counsel prior to executing a copy of this Agreement. LXXXXXX In the event MCDONALD revokes this Agreement, he agrees to repay the Company any amounts advanced under Paragraphs 2, 4, 5, and 6 above and to forfeit the shares otherwise vested under Paragraph 3 above. MCDONALD AND THE COMPANY REPRESENT THAT THEY HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL OF THE PROVISIONS OF THIS AGREEMENT, THAT THEY HAVE HAD SUFFICIENT OPPORTUNITY TO REVIEW AND DISCUSS THIS AGREEMENT WITH AN ATTORNEY; THAT THEY HAVE BEEN GIVEN A REASONABLE PERIOD OF TIME WITHIN WHICH TO CONSIDER THE AGREEMENT BEFORE SIGNING IT; AND THAT THEY ARE VOLUNTARILY SIGNING THE AGREEMENT WITHOUT ANY DURESS OR COERCION.