Consideration and Revocation Periods. Executive, by Executive’s free and voluntary act of signing below, (a) acknowledges that Executive has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (b) acknowledges that Executive has been advised to consult with an attorney prior to executing this Release, (c) acknowledges that Executive understands that this Release specifically releases and waives all rights and claims Executive may have under the ADEA, prior to the date on which Executive signs this Release, and ( d) agrees to all of the terms of this 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 Patties 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 become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive (the “Effective Date”). During the seven-day period prior to the Effective Date, Executive may revoke Executive’s agreement to accept the terms hereof by giving notice to the Company of Executive’s intention to revoke. If Executive exercises Executive’s right to revoke hereunder, Executive 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 Executive executes and does not revoke a comparable release of claims, at1d to the extent such payments or benefits have already been made, Executive agrees that Executive will immediately reimburse the Company for the amounts of such payments and benefits to which he is not entitled.
Appears in 2 contracts
Samples: Executive Employment Agreement (Sonida Senior Living, Inc.), Executive Employment Agreement (Capital Senior Living Corp)
Consideration and Revocation Periods. ExecutiveYou understand and acknowledge that your release of claims under the Age Discrimination in Employment Act (as amended from time to time, by Executive’s free the “ADEA”) is subject to special waiver protection. Therefore, in accordance with ADEA you specifically agree that you knowingly and voluntary act voluntarily release and waive any rights or claims of signing belowdiscrimination under the ADEA. In particular, you represent and acknowledge that you understand the following: (a) acknowledges you are not waiving rights or claims for age discrimination under the ADEA that Executive has been given a period of twenty-one (21) days to consider whether to agree to may arise after the terms contained hereindate you sign this Separation Agreement, (b) acknowledges that Executive has been advised to consult with an attorney prior to executing this Releaseyou are waiving rights or claims for age discrimination under the ADEA in exchange for the Separation Payment described herein, (c) acknowledges that Executive understands that this Release specifically releases and waives all rights and claims Executive may you have under the ADEA, prior been given an opportunity to the date on which Executive signs this Release, and ( d) agrees to all of consider fully the terms of this Separation Agreement for 21 days although you are not required to wait 21 days before signing this Separation Agreement and (d) you understand that you have seven calendar days after you sign this Separation Agreement to revoke your Separation Agreement as to your release of claims under the ADEA. Any such revocation must be in writing and delivered to the address below. Midwest Holding Inc. Attention: Gxxxxxxxx Xxxxxxxx (CEO) 2000 Xxxxx 00xx Xxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 The revocation must state “I hereby revoke my acceptance of our Separation Agreement and General Release and intends to be legally bound thereby. of All Claims.” The Parties acknowledge and agree that each Party has reviewed and negotiated the terms and provisions portion of this Release Separation Agreement that pertains to payment of the Separation Payment and has contributed to its preparation (with advice the release of counsel). Accordingly, claims under the rule of construction to the effect that ambiguities are resolved against the drafting party ADEA shall not be employed in the interpretation of this Release. Rather, the terms of this Release shall be construed fairly as to both Patties and not in favor of become effective or against either Party, regardless of which Party generally was responsible for the preparation of this Release. This Release will become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive (the “Effective Date”). During until the seven-day revocation period prior to the Effective Datehas expired, Executive may revoke Executive’s agreement to accept the terms hereof by giving notice to the Company but all other provisions of Executive’s intention to revoke. If Executive exercises Executive’s right to revoke hereunder, Executive 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 Executive executes and does not revoke a comparable release this Separation Agreement will become effective upon your execution of claims, at1d to the extent such payments or benefits have already been made, Executive agrees that Executive will immediately reimburse the Company for the amounts of such payments and benefits to which he is not entitledthis Separation Agreement.
Appears in 1 contract
Samples: Employee Separation Agreement (Midwest Holding Inc.)
Consideration and Revocation Periods. Executive, by Executive’s 's free and voluntary act of signing below, (a) acknowledges that Executive has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (b) acknowledges that Executive has been advised to consult with an attorney prior to executing this Release, (c) acknowledges that Executive understands that this Release specifically releases and waives all rights and claims Executive may have under the ADEA, prior to the date on which Executive signs this Release, and ( d) agrees to all of the terms of this 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 Patties 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 become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive (the “"Effective Date”"). During the seven-day period prior to the Effective Date, Executive may revoke Executive’s 's agreement to accept the terms hereof by giving notice to the Company of Executive’s 's intention to revoke. If Executive exercises Executive’s 's right to revoke hereunder, Executive 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 Executive executes and does not revoke a comparable release of claims, at1d atl d to the extent such payments or benefits have already been made, Executive agrees that Executive will immediately reimburse the Company for the amounts of such payments and benefits to which he is not entitled.
Appears in 1 contract
Samples: Executive Employment Agreement (Capital Senior Living Corp)
Consideration and Revocation Periods. Executive, by Executive’s free and voluntary act of signing below, (a) acknowledges that Executive has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (b) acknowledges that Executive has been advised to consult with an attorney prior to executing this Release, (c) acknowledges that Executive understands that this Release specifically releases and waives all rights and claims Executive may have under the ADEA, prior to the date on which Executive signs this Release, and ( (d) agrees to all of the terms of this 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 Patties 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 become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive (the “Effective Date”). During the seven-day period prior to the Effective Date, Executive may revoke Executive’s agreement to accept the terms hereof by giving notice to the Company of Executive’s intention to revoke. If Executive exercises Executive’s right to revoke hereunder, Executive 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 Executive executes and does not revoke a comparable release of claims, at1d and to the extent such payments or benefits have already been made, Executive agrees that Executive will immediately reimburse the Company for the amounts of such payments and benefits to which he is not entitled.
Appears in 1 contract
Samples: Executive Employment Agreement (Capital Senior Living Corp)
Consideration and Revocation Periods. Executive, by Executive’s 's free and voluntary act of signing below, (a) acknowledges that Executive has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (b) acknowledges that Executive has been advised to consult with an attorney prior to executing this Release, (c) acknowledges that Executive understands that this Release specifically releases and waives all rights and claims Executive may have under the ADEA, prior to the date on which Executive signs this Release, and ( d) agrees to all of the terms of this 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 Patties 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 become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive (the “"Effective Date”"). During the seven-day period prior to the Effective Date, Executive may revoke Executive’s 's agreement to accept the terms hereof by giving notice to the Company of Executive’s 's intention to revoke. If Executive exercises Executive’s 's right to revoke hereunder, Executive 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 Executive executes and does not revoke a comparable release of claims, at1d to the extent such payments or benefits have already been made, Executive agrees that Executive will immediately reimburse the Company for the amounts of such payments and benefits to which he is not entitled.
Appears in 1 contract
Samples: Executive Employment Agreement (Capital Senior Living Corp)
Consideration and Revocation Periods. Executive, by Executive’s free and voluntary act of signing below, (a) Employee acknowledges that Executive he has been given advised by this writing and previously by the Corporation to consult with an attorney 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.
(b) 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 period legal right to use all or any part of twenty-one (21) days to consider consider, in consultation with his attorney, whether to agree sign this Agreement and that, during such period of consideration, the Corporation shall not revoke its offer to enter into this Agreement on the terms contained and conditions set forth herein, .
(bc) Employee acknowledges that Executive he has been advised to consult with an attorney prior to executing this Releasethat, (c) acknowledges that Executive understands that this Release specifically releases and waives all rights and claims Executive may have under the ADEA, prior to the date on which Executive if he signs this ReleaseAgreement, and ( d) agrees to all of the terms he can thereafter revoke his execution of this 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 Patties 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 become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive (the “Effective Date”). During the seven-day period prior to the Effective Date, Executive may revoke Executive’s agreement to accept the terms hereof by giving notice to the Company of Executive’s intention to revoke. If Executive exercises Executive’s right to revoke hereunder, Executive 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 Executive executes and does not revoke a comparable release of claims, at1d Agreement to the extent of the release of claims under the Age Discrimination in Employment Act (but 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 the Corporation, attention, General Counsel, Spartech Corporation, 100 Xxxxxxx Xxxxxx, Xxxxx 0000, Xx. Xxxxx, Xxxxxxxx 00000. For the avoidance of doubt, his 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 to the Corporation. In the event that the Employee revokes his execution with respect to his release of claims under the Age Discrimination in Employment Act, he will forfeit any rights to health and life insurance continuation under Section 1(h)(iii) above that provides for such payments or benefits have already been made, Executive agrees that Executive will immediately reimburse the Company for the amounts of such payments and benefits coverage in addition to which he is not entitledthose required under COBRA.
Appears in 1 contract
Consideration and Revocation Periods. ExecutiveEmployee, by ExecutiveEmployee’s free and voluntary act of signing below, (a) acknowledges that Executive Employee has been given a period of twenty-one (21) 21 days to consider whether to agree to the terms contained herein, (b) acknowledges that Executive Employee has been been, and is hereby, advised to consult with an attorney prior to executing this Release, (c) acknowledges that Executive Employee understands that this Release specifically releases and waives all rights and claims Executive Employee may have under the ADEA, prior to the date on which Executive Employee signs this Release, and ( (d) agrees to all of the terms of this 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 Patties 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 become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive Employee (the “Effective Date”). During the seven-day period prior to the Effective Date, Executive Employee may revoke ExecutiveEmployee’s agreement to accept the terms hereof by giving notice to the Company of ExecutiveEmployee’s intention to revoke. If Executive Employee exercises ExecutiveEmployee’s right to revoke hereunder, Executive 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 Severance Pay until Executive Employee executes and does not revoke a comparable release of claims, at1d and to the extent such payments or benefits have already been made, Executive Employee agrees that Executive Employee will immediately reimburse the Company for the amounts of such payments and benefits to which he Employee is not entitled.
Appears in 1 contract
Samples: Employment Agreement (Advanced Emissions Solutions, Inc.)
Consideration and Revocation Periods. Executive, by Executive’s 's free and voluntary act of signing below, (a) acknowledges that Executive has been given a period of twenty-one (21) days to consider whether to agree to the terms contained herein, (b) acknowledges that Executive has been advised to consult with an attorney prior to executing this Release, (c) acknowledges that Executive understands that this Release specifically releases and waives all rights and claims Executive may have under the ADEA, prior to the date on which Executive signs this Release, and ( d) agrees to all of the terms of this 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 Patties 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 become effective, enforceable and irrevocable on the eighth day after the date on which it is executed by Executive (the “"Effective Date”"). During the seven-day period prior to the Effective Date, Executive may revoke Executive’s 's agreement to accept the terms hereof by giving notice to the Company of Executive’s 's intention to revoke. If Executive exercises Executive’s 's right to revoke hereunder, Executive 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 Executive executes and does not revoke a comparable release of claims, at1d to the extent such payments or benefits have already been made, Executive agrees that Executive will immediately reimburse the Company for the amounts of such payments and benefits to which he she is not entitled.
Appears in 1 contract
Samples: Executive Employment Agreement (Capital Senior Living Corp)