Consideration and Revocation Period. I acknowledge that I am hereby advised to consult with an attorney before signing this Release of Claims. I further understand that I may consider this Release of Claims for up to forty-five (45) days before deciding whether to sign it. In addition, I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that forty-five (45) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that forty-five (45) day period, the Change of Control Amount described above will expire. I understand that for a period of seven (7) days after I execute this Release of Claims, I have the right to revoke it by a written notice to be received by the Seller Bank by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent and agree that I have carefully read and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Xxxxxx Xxxxxxxx [ ], ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx Xxxxxxxx, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose.
Appears in 2 contracts
Samples: Settlement Agreement (Bar Harbor Bankshares), Settlement Agreement (Lake Sunapee Bank Group)
Consideration and Revocation Period. I acknowledge that I am hereby advised to consult with an attorney before signing this Release of Claims. I further understand that I may consider this Release of Claims for up to forty-five (45) days before deciding whether to sign it. In addition, I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that forty-five (45) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that forty-five (45) day period, the Change of Control Employment Agreements Amount described above will expire. I understand that for a period of seven (7) days after I execute this Release of Claims, I have the right to revoke it by a written notice to be received by the Seller Bank by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent and agree that I have carefully read and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Employment Agreements Amount as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Xxxxxx Xxxxxxxx [ ], ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx Xxxxxxxx, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose.
Appears in 2 contracts
Samples: Settlement Agreement (Lake Sunapee Bank Group), Settlement Agreement (Bar Harbor Bankshares)
Consideration and Revocation Period. I acknowledge that I am hereby advised to consult with an attorney before signing this Release of Claims. I further understand that I may consider this Release of Claims for up to forty-five (45) days before deciding whether to sign it. In addition, I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. I further understand that I may consider this Release of Claims for up to forty-five (45) days before deciding whether to sign it. If I signed this Release of Claims before the expiration of that forty-five (45) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that forty-five (45) day period, the Change of Control Amount described above will expire. I understand that for a period of seven (7) days after I execute this Release of Claims, I have the right to revoke it by a written notice to be received by the Seller Bank by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent and agree that I have carefully read and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Xxxxxx Xxxxxxxx [ ], ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx Xxxxxxxx, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose.
Appears in 2 contracts
Samples: Settlement Agreement (Bar Harbor Bankshares), Settlement Agreement (Lake Sunapee Bank Group)
Consideration and Revocation Period. I acknowledge By signing this Release, Executive represents and warrants that:
(a) Under the Federal Age Discrimination in Employment Act of 1967, as amended , and the applicable rules and regulations promulgated thereunder, Parent and the Company advise Executive that I am hereby advised to he should consult with an attorney independent counsel before signing executing this Release of ClaimsRelease; and Executive acknowledges that he has been so advised. I Executive further understand acknowledges that I may consider this Release of Claims for up to fortyhe has had at least [twenty-one (21)][forty-five (45) )] days to consider this Release before deciding whether signing it and Executive further acknowledges that if he signs this Release prior to sign it. In addition, I acknowledge that at the commencement expiration of the forty[twenty-one (21)][forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that forty-five (45) )] day period, I acknowledge Executive waives the remainder of that such decision was entirely voluntary. I understand period.
(b) Executive acknowledges that if I do not sign and return he has carefully read this Release of Claims in its entirety; that he has had an adequate opportunity to consider it; that he understands all its terms; and that he knowingly and voluntarily assents to all the Seller Bank by the end of that forty-five (45) day periodterms and conditions contained herein, including, without limitation, the Change of Control Amount described above will expire. I understand waiver and release contained herein.
(c) Executive further acknowledges that for a period of he has seven (7) calendar days after I execute following the date he signs this Release of Claims, I have the right to revoke it by a and this Release shall not become effective until the eighth day following the date on which Executive signs this Release. Executive understands that if he wishes to revoke this Release, Executive must deliver written notice of revocation [(which may be by email)], stating Executive’s intent to be received by the Seller Bank by the end of that period. I also understand that revoke this Release on or before 5:00 p.m. (PST) of Claims shall not be effective or enforceable until the expiration of that seven seventh (77th) day periodafter the date on which Executive signs this Release to [TITLE], at [ADDRESS]. I further represent and agree Executive acknowledges that I have carefully read and fully understand all if Executive revokes this Release, Executive will not receive any payments or benefits pursuant to Article IV of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Xxxxxx Xxxxxxxx [ ], ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx Xxxxxxxx, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purposeEmployment Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Beauty Health Co), Employment Agreement (Beauty Health Co)
Consideration and Revocation Period. I acknowledge that I am hereby advised to consult with an attorney before signing this Release of Claims. I further understand that I may consider this Release of Claims for up to forty-five (45) days before deciding whether to sign it. In addition, I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that forty-five (45) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that forty-five (45) day period, the Change of Control Amount described above will expire. I understand that for a period of seven (7) days after I execute this Release of Claims, I have the right to revoke it by a written notice to be received by the Seller Bank by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent and agree that I have carefully read and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Xxxxx Xxxxxx Xxxxxxxx [ ], ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx XxxxxxxxXxxxx Xxxxxx, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose.
Appears in 2 contracts
Samples: Settlement Agreement (Lake Sunapee Bank Group), Settlement Agreement (Bar Harbor Bankshares)
Consideration and Revocation Period. I acknowledge that I am hereby advised to consult with an attorney before signing this Release of Claims. I further understand that I may consider this Release of Claims for up to forty-five (45) days before deciding whether to sign it. In addition, I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that forty-five (45) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that forty-five (45) day period, the Change of Control Amount described above will expire. I understand that for a period of seven (7) days after I execute this Release of Claims, I have the right to revoke it by a written notice to be received by the Seller Bank by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent and agree that I have carefully read and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Xxxxxx Xxxxxxxx Xxxx Xxxx [ ], ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx XxxxxxxxXxxx Xxxx, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose.. , Notary Public
Appears in 2 contracts
Samples: Settlement Agreement (Bar Harbor Bankshares), Settlement Agreement (Lake Sunapee Bank Group)
Consideration and Revocation Period. I acknowledge that I am hereby advised to consult with an attorney before signing this Release of Claims. I further understand that I may consider this Release of Claims for up to fortytwenty-five one (4521) days before deciding whether to sign it. In addition, I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that fortytwenty-five one (4521) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that fortytwenty-five one (4521) day period, the Change of Control Amount Severance Payment described above will expire. I understand that for a period of seven (7) days after I execute this Release of ClaimsGeneral Release, I have the right to revoke it by a written notice to be received by the Seller Bank by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent and agree that I have carefully read and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount Severance Payment as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Xxxxxx Xxxxxxxx [ ]Dxxxxxx X. Xxxxxxxxxxx Hampden, ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx XxxxxxxxDXXXXXX X. XXXXXXXXXXX, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose. , Notary Public This Settlement Agreement (the “Agreement”) is entered into as of April 4, 2016 by and among Wxxxxxx X. Xxxxxx (the “Executive”), Westfield Financial, Inc., a bank holding company (“Buyer”), Westfield Bank, a wholly-owned subsidiary of Buyer (“Buyer Bank”), Chicopee Bancorp, Inc., a bank holding company (“Seller”), and Chicopee Savings Bank, a wholly-owned subsidiary of Seller (“Seller Bank”).
Appears in 1 contract
Consideration and Revocation Period. I acknowledge Employee understands and acknowledges that I am hereby advised to consult with an attorney before signing this Release Employee is waiving and releasing any rights Employee may have (including those under the Age Discrimination in Employment Act of Claims. I further understand that I may consider this Release of Claims for up to forty-five 1967 (45) days before deciding whether to sign it. In addition“ADEA”)), I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that forty-five (45) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that forty-five (45) day period, the Change of Control Amount described above will expire. I understand that for a period of seven (7) days after I execute this Release of Claims, I have the right to revoke it by a written notice to be received by the Seller Bank by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent waiver and agree that I have carefully read release is knowing and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount as stated abovevoluntary. Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee signs this Agreement. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that Employee has carefully read and fully understands all of the provisions been advised by this writing that: (a) Employee should consult with an attorney prior to executing this Agreement; (b) Employee has twenty-one (21) days within which to consider this Agreement; (c) Employee has seven (7) days following Employee’s execution of this Agreement to revoke this Agreement in writing to Jxxxxxxx Yx Xxxxx at jxxxxxxx.xxxxxxx@xxxxxx.xxx (“Revocation Period”); (d) this Agreement shall not be effective until after the Revocation Period has expired; and knowingly (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that Employee has knowingly, freely and voluntarily agrees chosen to all waive the time period allotted for considering this Agreement. Employee acknowledges and understands that any revocation of this Agreement must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day review period. Employee and the Company expressly declare and represent that they have read and understood the meaning of the terms set forth and conditions contained in this Release of ClaimsAgreement, and that they have had the opportunity to consult with legal counsel prior to executing this Agreement. Employee knowingly may not sign this Agreement prior to the Separation Date and voluntarily intends to be legally bound this Agreement will expire if not executed by August 9, 2024. Employee and the same. Signed as a sealed instrument this , 20 . Xxxxxx Xxxxxxxx [ ], ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx Xxxxxxxx, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose.Company further declare and
Appears in 1 contract
Consideration and Revocation Period. I acknowledge that I am hereby advised to consult with an attorney before signing this Release of Claims. I further understand that I may consider this Release of Claims for up to fortytwenty-five one (4521) days before deciding whether to sign it. In addition, I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that fortytwenty-five one (4521) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that fortytwenty-five one (4521) day period, the Change of Control Employment Agreements Amount described above will expire. I understand that for a period of seven (7) days after I execute this Release of Claims, I have the right to revoke it by a written notice to be received by the Seller Bank by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent and agree that I have carefully read and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Employment Agreements Amount as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Xxxxxx Xxxxxxxx [ ]Rxxxxxx X. Xxxx Hampden, ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx XxxxxxxxRXXXXXX X. XXXX, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she he signed it voluntarily for its stated purpose. , Notary Public This Settlement Agreement (the “Agreement”) is entered into as of April 4, 2016 by and among Guida R. Xxxxxx (the “Executive”), Westfield Financial, Inc., a bank holding company (“Buyer”), Westfield Bank, a wholly-owned subsidiary of Buyer (“Buyer Bank”), Chicopee Bancorp, Inc., a bank holding company (“Seller”), and Chicopee Savings Bank, a wholly-owned subsidiary of Seller (“Seller Bank”).
Appears in 1 contract
Consideration and Revocation Period. I acknowledge that I am hereby advised to consult with an attorney before signing this Release of Claims. I further understand that I may consider this Release of Claims for up to fortytwenty-five one (4521) days before deciding whether to sign it. In addition, I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that fortytwenty-five one (4521) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank Company by the end of that fortytwenty-five one (4521) day period, the Change of Control Amount Severance Payment described above will expire. I understand that for a period of seven (7) days after I execute this Release of ClaimsGeneral Release, I have the right to revoke it by a written notice to be received by the Seller Bank Company by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent and agree that I have carefully read and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount Severance Payment as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Xxxxxx Xxxxxxxx [ ]Dxxxxxx X. Xxxxxxxxxxx Hampden, ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx XxxxxxxxDXXXXXX X. XXXXXXXXXXX, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose. , Notary Public EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (“the Agreement”) is made and entered into as of April 4, 2016 (the “Effective Date”) by and between WESTFIELD BANK, a federally-chartered savings bank having an office at 100 Xxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 (the “Bank”) and DXXXXXX X. XXXXXXXXXXX (the “Executive”).
Appears in 1 contract
Consideration and Revocation Period. I acknowledge that I am hereby advised Pursuant to the Older Workers Benefit Protection Act of 1990 (“OWBPA”), You are advised: (1) to consult with an attorney regarding this Agreement before executing the Agreement; (2) that you are waiving rights or claims which may be waived by law, including claims under the Age Discrimination in Employment Act of 1967 (“ADEA”), in exchange for consideration which is not otherwise due to you; (3) that rights or claims, including those arising under ADEA, that may arise after the date this Agreement is executed are not waived (provided that, for avoidance of doubt, this General Release does include and does release claims that are based on your separation from employment, even if they do not mature or accrue until a later date); (4) You have up to twenty-one (21) calendar days from receipt of this Agreement to consider it before signing this Release of Claims. I further understand that I may consider this Release of Claims for up and returning, although You may, at Your discretion, knowingly and voluntarily, choose to forty-five (45) days before deciding whether to sign it. In addition, I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that forty-five (45) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that forty-five it at an earlier time; (455) day period, the Change of Control Amount described above will expire. I understand that for a period of at any time within seven (7) calendar days after I execute following Your signing of this Release of ClaimsAgreement, I have the right to You may revoke it by a written notice to be received by the Seller Bank by the end of that period. I also understand that this Release of Claims Agreement; (6) this Agreement shall not be become effective or enforceable until the expiration of that seven (7) calendar days after You sign and do not revoke this Agreement; and (7) You may revoke this Agreement only by sending written notice of revocation delivered to Xxxxx Xxxxxxx, Chief Human Resources Officer, 0000 Xxxxx Xxxxxx Drive, McLean, VA 22102 within this seven (7) calendar day period. I further represent and agree that I have carefully read and fully understand all of The revocation must be received or postmarked no later than midnight on the provisions seventh day following Your execution of this Release of Claims and that I am voluntarily agreeing to those provisionsAgreement. I acknowledge that I have not been induced had the opportunity to sign review this Release Agreement carefully with legal or other personal advisors of Claims my own choice; I understand that by any representatives signing this Agreement I am releasing the Company of any released party other than all claims against it, including claims under the Change of Control Agreement Amount as stated above. Employee understands Age Discrimination in Employment Act and agrees that Employee has carefully the Older Worker’s Benefit Protection Act; I have read and fully understands all of the provisions of this Agreement and understand its terms; I have been given the set time forth above to consider its terms and to ask any questions I may have; and I freely and knowingly and voluntarily agrees agree to all of the terms set forth of this Agreement. Hilton Domestic Operating Company Inc. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx, CHRO Date: November 30, 2023 Employee By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Date: November 30, 2023 In exchange for the Consideration offered by Hilton Domestic Operating Company Inc. (the “Company”) in this the previously-executed Confidential Separation Agreement and General Release of Claims. Employee knowingly (the “Agreement”), and voluntarily intends pursuant to be legally bound by the same. Signed as a sealed instrument this Section 2 therein, 20 . Xxxxxx Xxxxxxxx [ ], ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx Xxxxxxx Xxxxxxxx, personally knownfor You and Your heirs, to be the person whose name is signed on the preceding documentpersonal representatives, and acknowledged assigns (referred to me that she signed it voluntarily for its stated purpose.herein jointly as “You” or “Your”), hereby agrees as follows:
Appears in 1 contract
Samples: Confidential Separation Agreement and General Release (Hilton Worldwide Holdings Inc.)
Consideration and Revocation Period. I acknowledge that I am hereby advised to consult with an attorney before signing this Release of Claims. I further understand that I may consider this Release of Claims for up to fortytwenty-five one (4521) days before deciding whether to sign it. In addition, I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that fortytwenty-five one (4521) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that fortytwenty-five one (4521) day period, the Change of Control CIC Agreement Amount described above will expire. I understand that for a period of seven (7) days after I execute this Release of Claims, I have the right to revoke it by a written notice to be received by the Seller Bank by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent and agree that I have carefully read and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control CIC Agreement Amount as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Mxxxx X.X. Xxxxxx Xxxxxxxx [ ]Hampden, ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx XxxxxxxxMXXXX X.X. XXXXXX, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose. , Notary Public This Settlement Agreement (the “Agreement”) is entered into as of April 4, 2016 by and among Rxxxxxx X. Xxxx (the “Executive”), Westfield Financial, Inc., a bank holding company (“Buyer”), Westfield Bank, a wholly-owned subsidiary of Buyer (“Buyer Bank”), Chicopee Bancorp, Inc., a bank holding company (“Seller”), and Chicopee Savings Bank, a wholly-owned subsidiary of Seller (“Seller Bank”).
Appears in 1 contract
Consideration and Revocation Period. I acknowledge By signing this Release, Executive represents and warrants that:
(a) Under the Federal Age Discrimination in Employment Act of 1967, as amended , and the applicable rules and regulations promulgated thereunder, Parent and the Company advise Executive that I am hereby advised to he should consult with an attorney independent counsel before signing executing this Release of ClaimsRelease; and Executive acknowledges that he has been so advised. I Executive further understand acknowledges that I may he has had at least twenty-one (21) days to consider this Release of Claims for up to forty-five (45) days before deciding whether to sign it. In addition, I acknowledge signing it and Executive further acknowledges that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed if he signs this Release of Claims before prior to the expiration of that fortythe twenty-five one (4521) day period, I acknowledge Executive waives the remainder of that such decision was entirely voluntary. I understand period.
(b) Executive acknowledges that if I do not sign and return he has carefully read this Release of Claims in its entirety; that he has had an adequate opportunity to consider it; that he understands all its terms; and that he knowingly and voluntarily assents to all the Seller Bank by the end of that forty-five (45) day periodterms and conditions contained herein, including, without limitation, the Change of Control Amount described above will expire. I understand waiver and release contained herein.
(c) Executive further acknowledges that for a period of he has seven (7) calendar days after I execute following the date he signs this Release of Claims, I have the right to revoke it by a and this Release shall not become effective until the eighth day following the date on which Executive signs this Release. Executive understands that if he wishes to revoke this Release, Executive must deliver written notice of revocation [(which may be by email)], stating Executive’s intent to be received by the Seller Bank by the end of that period. I also understand that revoke this Release on or before 5:00 p.m. (PST) of Claims shall not be effective or enforceable until the expiration of that seven seventh (77th) day periodafter the date on which Executive signs this Release to Hydrafacial LLC, 0000 Xxxx Xxxxxx Xxxxxx, Xxxx Xxxxx, XX 00000, Attn: Legal Department . I further represent and agree Executive acknowledges that I have carefully read and fully understand all if Executive revokes this Release, Executive will not receive any payments or benefits pursuant to Article IV of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Xxxxxx Xxxxxxxx [ ], ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx Xxxxxxxx, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purposeEmployment Agreement.
Appears in 1 contract
Consideration and Revocation Period. I acknowledge that I am hereby advised to consult with an attorney before signing this Release of Claims. I further understand that I may consider this Release of Claims for up to fortytwenty-five one (4521) days before deciding whether to sign it. In addition, I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that fortytwenty-five one (4521) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank Company by the end of that fortytwenty-five one (4521) day period, the Change of Control Amount Severance Payment described above will expire. I understand that for a period of seven (7) days after I execute this Release of ClaimsGeneral Release, I have the right to revoke it by a written notice to be received by the Seller Bank Company by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent and agree that I have carefully read and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount Severance Payment as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Wxxxxxx X. Xxxxxx Xxxxxxxx [ ]Hampden, ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx XxxxxxxxWXXXXXX X. XXXXXX, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she he signed it voluntarily for its stated purpose. , Notary Public This EMPLOYMENT AGREEMENT (“the Agreement”) is made and entered into as of April 4, 2016 (the “Effective Date”) by and between WESTFIELD BANK, a federally-chartered savings bank having an office at 100 Xxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 (the “Bank”) and WXXXXXX X. XXXXXX (the “Executive”).
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Consideration and Revocation Period. I acknowledge that I am hereby advised to consult with an attorney before signing this Release of Claims. I further understand that I may consider this Release of Claims for up to fortytwenty-five one (4521) days before deciding whether to sign it. In addition, I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that fortytwenty-five one (4521) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that fortytwenty-five one (4521) day period, the Change of Control Amount Severance Payment described above will expire. I understand that for a period of seven (7) days after I execute this Release of ClaimsGeneral Release, I have the right to revoke it by a written notice to be received by the Seller Bank by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent and agree that I have carefully read and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount Severance Payment as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Wxxxxxx X. Xxxxxx Xxxxxxxx [ ]Hampden, ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx XxxxxxxxWXXXXXX X. XXXXXX, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she he signed it voluntarily for its stated purpose. , Notary Public This EMPLOYMENT AGREEMENT (“the Agreement”) is made and entered into as of April 4, 2016 (the “Effective Date”) by and between WESTFIELD FINANCIAL, INC., a business corporation organized and existing under the laws of the Commonwealth of Massachusetts and having an office at 100 Xxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx 00000 (the “Company”) and DXXXXXX X. XXXXXXXXXXX (the “Executive”).
Appears in 1 contract
Consideration and Revocation Period. I acknowledge Employee understands and acknowledges that I am hereby advised to consult with an attorney before signing this Release Employee is waiving and releasing any rights Employee may have (including those under the Age Discrimination in Employment Act of Claims. I further understand that I may consider this Release of Claims for up to forty-five 1967 (45) days before deciding whether to sign it. In addition“ADEA”)), I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that forty-five (45) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that forty-five (45) day period, the Change of Control Amount described above will expire. I understand that for a period of seven (7) days after I execute this Release of Claims, I have the right to revoke it by a written notice to be received by the Seller Bank by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent waiver and agree that I have carefully read release is knowing and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount as stated abovevoluntary. Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee signs this Agreement. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that Employee has carefully read and fully understands all of the provisions been advised by this writing that: (a) Employee should consult with an attorney prior to executing this Agreement; (b) Employee has twenty-one (21) days within which to consider this Agreement; (c) Employee has seven (7) days following Employee’s execution of this Agreement to revoke this Agreement in writing to Xxxxxxxx Xx Xxxxx at xxxxxxxx.xxxxxxx@xxxxxx.xxx; (d) this Agreement shall not be effective until after the revocation period has expired; and knowingly (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that Employee has knowingly, freely and voluntarily agrees chosen to all waive the time period allotted for considering this Agreement. Employee acknowledges and understands that any revocation of this Agreement must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day review period. Employee and the Company expressly declare and represent that they have read and understood the meaning of the terms set forth and conditions contained in this Release of ClaimsAgreement, and that they have had the opportunity to consult with legal counsel prior to executing this Agreement. Employee knowingly may not sign this Agreement prior to the Separation Date and voluntarily intends to be legally bound this Agreement will expire if not executed by August 25, 2023. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 0000-0000-0000.2 147381400.4 Employee and the same. Signed as a sealed instrument this , 20 . Xxxxxx Xxxxxxxx [ ], ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx Xxxxxxxx, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose.Company further declare and
Appears in 1 contract
Consideration and Revocation Period. I acknowledge (a) Employee acknowledges that I am hereby the Company has advised Employee of Employee’s right to consult with an attorney before signing prior to executing this Release of ClaimsAgreement. I further understand that I may consider this Release of Claims for up to forty-five (45) days before deciding whether to sign it. In addition, I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that forty-five (45) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that forty-five (45) day period, the Change of Control Amount described above will expire. I understand that for a period of seven (7) days after I execute this Release of Claims, I have the right to revoke it by a written notice to be received by the Seller Bank by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent and agree that I have carefully read and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement. Employee is entering into this Agreement and knowingly knowingly, freely and voluntarily agrees in exchange for good and valuable consideration.
(b) Employee has been given [twenty-one] [forty-five (45)] calendar days to all consider the terms of this Agreement, although Employee may sign it sooner[; and Employee has been given a disclosure indicating the job titles and ages of individuals being offered severance. (See Attachment A).1]
(c) Employee will have seven (7) calendar days from the date on which Employee signs this Agreement to revoke Employee’s consent to the terms of this Agreement. Such revocation must be in writing and must be addressed as follows: [INSERT NAME AND APPROPRIATE ADDRESS]. Notice of such revocation must be received within the seven (7) calendar days referenced above.
(d) In the event of such revocation by Employee, this Agreement shall not become effective and Employee shall not have any of the terms rights under Section 2(e) or Section 3(b) of the Retention Agreement, nor shall the Employee be entitled to any of the payments or benefits set forth in Section 2(e) or Section 3(b) of the Retention Agreement.
(e) Provided that Employee does not revoke this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by Agreement within the same. Signed as a sealed instrument time period set forth in Section 2(c) above, this , 20 . Xxxxxx Xxxxxxxx [ ], ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx Xxxxxxxx, personally known, to be the person whose name is signed Agreement shall become effective on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purposeeighth calendar day after the date upon which Employee signs it.
Appears in 1 contract
Consideration and Revocation Period. I acknowledge Employee understands and acknowledges that I am hereby advised to consult with an attorney before signing this Release Employee is waiving and releasing any rights Employee may have (including those under the Age Discrimination in Employment Act of Claims. I further understand that I may consider this Release of Claims for up to forty-five 1967 (45) days before deciding whether to sign it. In addition“ADEA”)), I acknowledge that at the commencement of the forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that forty-five (45) day period, I acknowledge that such decision was entirely voluntary. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that forty-five (45) day period, the Change of Control Amount described above will expire. I understand that for a period of seven (7) days after I execute this Release of Claims, I have the right to revoke it by a written notice to be received by the Seller Bank by the end of that period. I also understand that this Release of Claims shall not be effective or enforceable until the expiration of that seven (7) day period. I further represent waiver and agree that I have carefully read release is knowing and fully understand all of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount as stated abovevoluntary. Employee understands and agrees that this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee signs this Agreement. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that Employee has carefully read and fully understands all of the provisions been advised by this writing that: (a) Employee should consult with an attorney prior to executing this Agreement; (b) Employee has twenty-one (21) days within which to consider this Agreement; (c) Employee has seven (7) days following Employee’s execution of this Agreement to revoke this Agreement in writing to Xxxxxxxx Xx Xxxxx at xxxxxxxx.xxxxxxx@xxxxxx.xxx; (d) this Agreement shall not be effective until after the revocation period has expired; and knowingly (e) nothing in this Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In the event Employee signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that Employee has knowingly, freely and voluntarily agrees chosen to all waive the time period allotted for considering this Agreement. Employee acknowledges and understands that any revocation of this Agreement must be accomplished by a written notification to the person executing this Agreement on the Company’s behalf that is received prior to the Effective Date. The Parties agree that changes, whether material or immaterial, do not restart the running of the 21-day review period. Employee and the Company expressly declare and represent that they have read and understood the meaning of the terms set forth and conditions contained in this Release of ClaimsAgreement, and that they have had the opportunity to consult with legal counsel prior to executing this Agreement. Employee knowingly may not sign this Agreement prior to the Separation Date and voluntarily intends to be legally bound this Agreement will expire if not executed by DATE. Employee and the same. Signed as a sealed instrument this , 20 . Xxxxxx Xxxxxxxx [ ], ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx Xxxxxxxx, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose.Company further declare and
Appears in 1 contract
Samples: Severance Agreement (Inogen Inc)
Consideration and Revocation Period. I acknowledge Executive acknowledges that I am hereby advised this this General Release constitutes a voluntary waiver of any and all rights and claims he may have against the Released Parties under the Age Discrimination in Employment Act. Executive understands that he has had the opportunity to consult with an attorney before signing ask questions about this General Release and he has not been asked to waive any rights that arise after the execution of Claimsthis General Release. I further understand The benefits Referenced in this General Release exceed anything of value to which the Executive would be entitled in the absence of this General Release. Executive acknowledges that I may consider this Release of Claims for up to fortyhe has [twenty-one (21)][forty-five (45) )] calendar days before deciding to consider this General Release (the “Consideration Period”). Executive agrees that changes to this General Release, whether to sign itmaterial or immaterial, will not restart the Consideration Period. In additionExecutive understands that Executive may, I acknowledge that at the commencement of the forty-five (45) day period referenced hereinExecutive’s own election, I was provided with the class, unit or group of individuals considered for the execute this General Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of the Consideration Period; provided, however, that forty-five (45) Executive may not execute this General Release prior to Executive’s final day period, I acknowledge that such decision was entirely voluntaryof employment with the Company. I understand that if I do not sign and return this Release of Claims to the Seller Bank by the end of that forty-five (45) day period, the Change of Control Amount described above will expire. I understand that for a period of Executive has seven (7) calendar days after I execute the date on which Executive executes this General Release of Claims, I have the right to revoke it by a written notice Executive’s consent to the General Release. Such revocation must be in writing and must be made to Xxxxxx Xxx at xxxxx@xxxxxxxx.xxx or the current Chief People Officer via email. Notice of such revocation must be received within the seven (7) calendar days referenced above. In the event of such revocation by Executive, this General Release will be null and void, and Executive will have no entitlement to the Seller Bank by payments and benefits set forth in 5[(d)][(e)] of the end Employment Agreement. Provided that Executive does not revoke Executive’s execution of that period. I also understand that this General Release of Claims shall not be effective or enforceable until the expiration of that within such seven (7) day period. I further represent and agree that I have carefully read and fully understand all of the provisions of , this General Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Xxxxxx Xxxxxxxx [ ], ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx Xxxxxxxx, personally known, to be the person whose name is signed shall become effective on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose.eighth (8th) calendar day after the date on which Executive initially executes it. 17. Survival;
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Consideration and Revocation Period. I acknowledge By signing this Release, Executive represents and warrants that:
(a) Under the Federal Age Discrimination in Employment Act of 1967, as amended, and the applicable rules and regulations promulgated thereunder, the Company advises Executive that I am hereby advised to he should consult with an attorney independent counsel before signing executing this Release of ClaimsRelease; and Executive acknowledges that he has been so advised. I Executive further understand acknowledges that I may consider this Release of Claims for up to fortyhe has had at least [twenty-one (21)][forty-five (45) )] days to consider this Release before deciding whether signing it and Executive further acknowledges that if he signs this Release prior to sign it. In addition, I acknowledge that at the commencement expiration of the forty[twenty-one (21)][forty-five (45) day period referenced herein, I was provided with the class, unit or group of individuals considered for the Release of Claims program, the employees eligible and selected for the Release of Claims program, the job title and ages of all individuals selected for the program and the ages of all individuals in the same job classification or organizational unit who are not selected for the program. A copy of the lists and information referenced herein are attached as Addendum A. If I signed this Release of Claims before the expiration of that forty-five (45) )] day period, I acknowledge Executive waives the remainder of that such decision was entirely voluntary. I understand period.
(b) Executive acknowledges that if I do not sign and return he has carefully read this Release of Claims in its entirety; that he has had an adequate opportunity to consider it; that he understands all its terms; and that he knowingly and voluntarily assents to all the Seller Bank by the end of that forty-five (45) day periodterms and conditions contained herein, including, without limitation, the Change of Control Amount described above will expire. I understand waiver and release contained herein.
(c) Executive further acknowledges that for a period of he has seven (7) calendar days after I execute following the date he signs this Release of Claims, I have the right to revoke it by a and this Release shall not become effective until the eighth (8th) day following the date on which Executive signs this Release. Executive understands that if he wishes to revoke this Release, Executive must deliver written notice of revocation (which may be by email), stating Executive’s intent to be received by the Seller Bank by the end of that period. I also understand that revoke this Release on or before 5:00 p.m. (PST) of Claims shall not be effective or enforceable until the expiration of that seven seventh (77th) day periodafter the date on which Executive signs this Release to [TITLE], at [ADDRESS]. I further represent and agree Executive acknowledges that I have carefully read and fully understand all if Executive revokes this Release, Executive will not receive any payments or benefits pursuant to Section IV.D.[2][3] of the provisions of this Release of Claims and that I am voluntarily agreeing to those provisions. I acknowledge that I have not been induced to sign this Release of Claims by any representatives of any released party other than the Change of Control Agreement Amount as stated above. Employee understands and agrees that Employee has carefully read and fully understands all of the provisions of this Agreement and knowingly and voluntarily agrees to all of the terms set forth in this Release of Claims. Employee knowingly and voluntarily intends to be legally bound by the same. Signed as a sealed instrument this , 20 . Xxxxxx Xxxxxxxx [ ], ss. , 20 Before me, the undersigned notary public, personally appeared Xxxxxx Xxxxxxxx, personally known, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purposeEmployment Agreement.
Appears in 1 contract