Common use of Consideration and Revocation Periods Clause in Contracts

Consideration and Revocation Periods. Employee understands and acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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 Effective Date of 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 he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (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 he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. The Parties agree that any changes made in the course of negotiating the terms of this Agreement will not restart the running of the 21-day period.

Consideration and Revocation Periods. Employee understands Employee, by Employee’s free and voluntary act of signing below, (a) acknowledges that he is waiving and releasing any rights he may have under Employee has been given a period of twenty-one (21) days to consider whether to agree to the Age Discrimination in Employment Act of 1967 terms contained herein, (“ADEA”), and that this waiver and release is knowing and voluntary. 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 Effective Date of this Agreement. Employee understands and b) 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 he has been advised by this writing that: (a) he should to consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; Release, (c) he has seven (7) days following his execution of acknowledges that Employee understands that this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; Release specifically releases and (e) nothing in this Agreement prevents or precludes waives all rights and claims Employee from challenging or seeking a determination in good faith of the validity of this waiver may have under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law. In prior to the event date on which Employee signs this Agreement Release, and returns it (d) agrees to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. The Parties agree that any changes made in the course all of negotiating the terms of this Agreement Release and intends to be legally bound thereby. The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions of this Release and has contributed to its preparation (with advice of counsel). Accordingly, the rule of construction to the effect that ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Release. Rather, the terms of this Release shall be construed fairly as to both Parties and not in favor of or against either Party, regardless of which Party generally was responsible for the preparation of this Release. This Release will not restart become effective, enforceable and irrevocable on the running of eighth day after the 21date on which it is executed by Employee (the “Effective Date”). During the seven-day periodperiod prior to the Effective Date, Employee may revoke Employee’s agreement to accept the terms hereof by giving notice to the Company of Employee’s intention to revoke. If Employee exercises Employee’s right to revoke hereunder, Employee shall not be entitled, except as required by applicable wage payment laws, including but not limited to the Accrued Obligations, to any payment hereunder until Employee executes and does not revoke a comparable release of claims, and to the extent such payments or benefits have already been made, Employee agrees that Employee will immediately reimburse the Company for the amounts of such payments and benefits to which he is not entitled.

Consideration and Revocation Periods. In accordance with the requirements mandated by the Older Worker Benefits Protection Act, the parties agree and acknowledge as follows: a. Employee understands specifically intends to knowingly and acknowledges that he is waiving and releasing voluntarily waive any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver he intends to release Releasees from any and all claims for damages or other remedies he may have under the ADEA. This release is knowing and voluntary. Employee understands and agrees that this not to be construed as a waiver and release does not apply to any rights or of ADEA claims that may arise under the ADEA after the Effective Date execution of this Agreement. . b. By this Agreement, Employer has advised 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 he has been advised by this writing that: (a) he should consult with and obtain the advice of an attorney prior to executing of his choice before signing this Agreement; . c. This Agreement was delivered to Employee on April 24, 2020 and he shall have forty-five (b45) he has twenty-one (21) calendar days within which from this date to consider this Agreement; (c) he has . By executing this Agreement on the date specified below, Employee waives the balance of that consideration period, if any remains. d. This Agreement must be accepted by Employee by delivering a signed copy of this Agreement to Xxxxx Xxxxxxxx at xxxxxxxxx@xxxxxxx.xxx. If a signed document is not received by the end of the 45th calendar day specified above, and the parties have not agreed in writing to an extension, this Agreement shall be null and void, and the offer of consideration and other terms contained herein revoked. e. After signing, Employee may revoke this Agreement within seven (7) calendar days following his execution of this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (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 day that he signs this Agreement and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. The Parties agree that any changes made by delivering written notice in the course of negotiating same manner outlined above. If he does so, this entire Agreement becomes invalid and unenforceable and no severance or any other benefit provided hereunder will be provided to Employee. This Agreement becomes effective on the terms of this Agreement will not restart the running of the 21-eighth (8th) day periodafter Employee signs it without revocation as specified herein.

Consideration and Revocation Periods. a. Employee understands and acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”)acknowledges, and that this waiver and release is knowing and voluntary. Employee understands affirms and agrees that the benefits under this waiver and release does not apply Agreement, including the Severance Benefits referred to any rights or claims in Annex I, constitute consideration in excess of that may arise under to which he would normally be entitled in the ADEA after the Effective Date absence of this Agreement. . b. Employee understands and acknowledges represents that the consideration given for he has carefully read this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges Release; that he has been advised by this writing that: (a) he should to consult with and receive the advice of an attorney prior of his choice with respect to executing his decision to execute this Agreement and to have an attorney explain to him the terms of this Agreement; (b) that he has twentyaccepts full responsibility and consequences of his action or non-one (21) days within which to consider action in this regard; that he knows and understands the content of this Agreement; (c) that he has seven (7) days following his execution of executes this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (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 he has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. The Parties agree as his own free act; that any changes made in the course of negotiating the terms of this Agreement are totally satisfactory and thoroughly understood by him; that this Agreement was freely negotiated and entered into without fraud, duress or coercion; that he has 21 days from the original receipt of this Agreement within which to decide if he wants to sign it; that he may sign this Agreement in less than 21 days if he wishes; that he has 7 days after signing the Agreement within which to change his mind and revoke his acceptance; and that the terms of the Agreement will not restart be effective until those 7 days have expired without revocation. Employee agrees that any changes, whether material or immaterial, that are made to this Agreement prior to its execution shall not restart, or otherwise affect, the running of this 21 day consideration period. This Agreement will become effective on the 21-eighth (8th) day periodafter Employee signs this Agreement provided that Employee has not revoked the Agreement before that date (the “Effective Date”).

Consideration and Revocation Periods. a. Employee understands and acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”)acknowledges, and that this waiver and release is knowing and voluntary. Employee understands affirms and agrees that the benefits under this waiver and release does not apply Agreement, including the Severance Benefits referred to any rights or claims in Annex I, constitute consideration in excess of that may arise under to which he would normally be entitled in the ADEA after the Effective Date absence of this Agreement. . b. Employee understands and acknowledges represents that the consideration given for he has carefully read this waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges Release; that he has been advised by this writing that: (a) he should to consult with and receive the advice of an attorney prior of his choice with respect to executing his decision to execute this Agreement and to have an attorney explain to him the terms of this Agreement; (b) that he has twenty-one (21) days within which to consider accepts full responsibility and consequences of his action or non‑action in this regard; that he knows and understands the content of this Agreement; (c) that he has seven (7) days following his execution of executes this Agreement to revoke this Agreement; (d) this Agreement shall not be effective until after the revocation period has expired; and (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 he has freely knowingly and voluntarily chosen to waive the time period allotted for considering this Agreement. The Parties agree as his own free act; that any changes made in the course of negotiating the terms of this Agreement are totally satisfactory and thoroughly understood by him; that this Agreement was freely negotiated and entered into without fraud, duress or coercion; that he has 21 days from the original receipt of this Agreement within which to decide if he wants to sign it; that he may sign this Agreement in less than 21 days if he wishes; that he has 7 days after signing the Agreement within which to change his mind and revoke his acceptance; and that the terms of the Agreement will not restart be effective until those 7 days have expired without revocation. Employee agrees that any changes, whether material or immaterial, that are made to this Agreement prior to its execution shall not restart, or otherwise affect, the running of this 21 day consideration period. This Agreement will become effective on the 21-eighth (8th) day periodafter Employee signs this Agreement provided that Employee has not revoked the Agreement before that date (the “Effective Date”).

Consideration and Revocation Periods. By executing this Release, Employee understands and acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 acknowledges: (“ADEA”), and that this waiver and release is knowing and voluntary. 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 Effective Date of this Agreement. Employee understands and acknowledges that the consideration given for this waiver and release is in addition to anything of value to which i) Employee was already entitled. offered a minimum of 21 days to review this Release and to consider whether to sign this Release and has either accepted or waived such period; (ii) Employee further understands and acknowledges has been advised that he has been advised by this writing that: (a) he should consult with an attorney prior to executing this Agreement; (b) he has twenty-one (21) days within which to consider this Agreement; (c) he has seven (7) 7 days following his execution of this Agreement to revoke this Agreement; Agreement (dthe "Revocation Period") and which revocation must be in writing and delivered to the Company at its principal executive offices (attention: The President), either in person or by mail within such 7 day period. Assuming the Employee does not revoke this Agreement during the Revocation Period, the later of (i) the first day after the expiration of the Revocation Period, and (ii) the day of Metretek's receipt of the required consent and waiver by the Bank is referred to herein as the "Effective Date". Notwithstanding anything to the contrary contained herein, this Agreement shall not be effective until after or enforceable, and the revocation period has expired; and (e) nothing in obligation of the parties under Sections 2 through 7 of this Agreement prevents or precludes shall not become effective, until the Effective Date, and then only if the Revocation Period has expired without 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 he has freely and voluntarily chosen to waive the time period allotted for considering revoking this Agreement. The Parties agree that any changes made in Notwithstanding anything to the course of negotiating the terms of contrary contained herein, this Agreement will shall not restart be effective or enforceable, and the running obligation of the 21-day period.parties under Sections 2

Consideration and Revocation Periods. (a) The Employee understands and acknowledges that he is waiving and releasing any rights he may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), and that this waiver and release is knowing and voluntary. 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 Effective Date of 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 he has been advised by this writing that: (a) he should and previously by the Corporation to consult with an attorney prior to executing of his choosing concerning his rights in connection with his termination from employment and the terms and conditions of this Agreement; , including the release of all claims contained herein. It is expressly agreed that the benefits specified in this Agreement include benefits to which Employee is presently not entitled. (b) The Employee acknowledges that he has been advised that, with regard to the release of claims under the Age Discrimination in Employment Act, as amended, he has a legal right to use all or any part of twenty-one (21) days within which to consider consider, in consultation with his attorney, whether to sign this Agreement; . (c) The Employee acknowledges that he has seven (7) days following been advised that, if he signs this Agreement, he can thereafter revoke his execution of this Agreement to revoke this Agreement; the extent of the release of claims under the Age Discrimination in Employment Act (dbut only to the extent of his release of claims under the Age Discrimination in Employment Act) on or before the close of business on the seventh day after his execution hereof by delivering a written revocation to Spartech Corporation, Attention: Chief Executive Officer, 000 Xxxxxxx Xxxxxx, Xxxxx 0000, Xx. Xxxxx, Xxxxxxxx 00000. For the avoidance of doubt, the Employee’s release of all claims other than those under the Age Discrimination in Employment Act shall be effective on the date the Employee executes and delivers this Agreement shall not be effective until after to the revocation period has expired; and (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 lawCorporation. In the event that the Employee signs revokes his execution with respect to his release of claims under the Age Discrimination in Employment Act, he will forfeit any and all rights and benefits under this Agreement other than Sections 1(a) and returns it to the Company in less than the 21-day period identified above, Employee hereby acknowledges that he has freely and voluntarily chosen to waive the time period allotted for considering this Agreement. The Parties agree that any changes made in the course of negotiating the terms of this Agreement will not restart the running of the 21-day period(d).