Notification of Rights. Employee agrees (1) that his waiver of rights under this Agreement is knowing and voluntary and complies in full with all of the requirements of the Older Workers Benefit Protection Act; (2) that he has read and understands the terms of this Agreement and has voluntarily accepted these terms for the purposes of making a full and final compromise, settlement and adjustment of any and all claims, disputed or otherwise, on account of his personal services relationship (or termination of the relationship) with Lowe's and for the express purpose of precluding forever any further claims arising out of such relationship or its termination as set forth above; (3) that the payment listed above exceeds the amount that would normally be received for an employee separated by Lowe's, that it exceeds what Employee would otherwise have been so entitled to, and that the extra payment is in exchange for signing this Agreement; (4) that Employee has been advised to consult with an attorney prior to executing this Agreement; (5) that Lowe's has given Employee a period of at least twenty-one (21) calendar days within which to consider and accept the terms of this Agreement; (6) that this Agreement waives all claims that may have arisen up to the date of this Agreement; (7) that Employee does not waive any claims that might arise after execution of this Agreement; (8) that 4Employee has been given at least seven (7) calendar days after execution to revoke this Agreement, and that, if Employee chooses not to so revoke, the Agreement shall then become effective and enforceable and the payment listed above shall then be made pursuant to the terms of Paragraph 2 of this Agreement; and (9) to be effective, the revocation must be delivered, via hand delivery, within the seven (7) day period to, Xxxxxxx X. Xxxxxxxx, Senior Vice President, General Counsel and Secretary, Xxxx'x Companies, Inc., 0000 Xxxxxx Xxxxxx Road, Wilkesboro, NC 28697. 10.
Appears in 1 contract
Samples: Release and Separation Agreement (Lowes Companies Inc)
Notification of Rights. Employee Releasor agrees (1) that his waiver of rights under this Agreement is knowing and voluntary and complies in full with all of the requirements of the Older Workers Benefit Protection Act; (2) that he has read and understands the terms of this Agreement and has voluntarily accepted these terms for the purposes of making a full and final compromise, settlement and adjustment of any and all claims, disputed or otherwise, on account of his personal services relationship (or termination of the relationship) with Lowe's and for the express purpose of precluding forever any further claims arising out of such relationship or its termination as set forth above; (3) that the payment listed above exceeds the amount that would normally be received for an employee separated by Company and Lowe's, that it exceeds what Employee Releasor would otherwise have been so entitled to, and that the extra payment is in exchange for signing this Agreement; (4) that Employee Releasor has been advised to consult with an attorney prior to executing this Agreement; (5) that Company and Lowe's has given Employee Releasor a period of at least twenty-one (21) calendar days within which to consider and accept the terms of this Agreement; (6) that this Agreement waives all claims that may have arisen up to the date of this Agreement; (7) that Employee Releasor does not waive any claims that might arise after execution of this Agreement; (8) that 4Employee Releasor has been given at least seven (7) calendar days after execution to revoke this Agreement, and that, if Employee Releasor chooses not to so revoke, the Agreement shall then become effective and enforceable and the payment listed above shall then be made pursuant to the terms of Paragraph 2 of this Agreement; and (9) to be effective, the revocation must be delivered, via hand delivery, within the seven (7) day period to, Xxxxxxx X. Xxxxxxxx, Senior Vice President, General Counsel and Secretary, Xxxx'x Companies, Inc., 0000 Xxxxxx Xxxxxx Road, Wilkesboro, NC 28697. 10510. Injunctive Relief. Company and Lowe's and Releasor agree that the provisions of Sections 4, 5, and 6 are important to and of material consideration to Company and Lowe's and that Company and Lowe's considers that monetary damages alone are an inadequate remedy to Company and Lowe's for any breach of the provisions thereof. Releasor further stipulates that, upon any material breach by Releasor of the provisions of Sections 4, 5, and 6 Company and Lowe's shall be entitled to injunctive relief against Releasor from a court having personal jurisdiction of Releasor. This section shall not be deemed to limit the legal and equitable remedies available to Lowe's or to limit the nature and extent of any claim by Company and Lowe's for damages caused by Releasor for breach of this Agreement. 11.
Appears in 1 contract
Samples: Release and Separation Agreement (Lowes Companies Inc)
Notification of Rights. Employee agrees (1) that his waiver of rights under this a. This Agreement is knowing and voluntary and complies in full intended to comply with all of the requirements of the Older Workers Benefit Protection Act; Act (2“OWBPA”) that he with regard to Employee’s waiver of rights under the Age Discrimination in Employment Act of 1967 (“ADEA”). b. Employee acknowledges and agrees that: i. Employee has read and understands understand this Agreement in its entirety, including the terms release of ADEA claims. ii. Employee was informed that Employee may consult with an attorney, at Employee’s expense. iii. Employee will have 21 days to review (including consulting an attorney) and sign this Agreement and return it via email it to xxxxxxxxxx@xxxxxx.xxx. Employee may use as much or as little of this 21-day period prior to signing; however, Employee may not sign until after Employee’s Separation Date. Pursuant to 29 C.F.R. §16.22(e)(4), the Parties agree that any modifications to this Agreement, whether material or immaterial, will not restart the 21-day consideration period. iv. If Employee signs this Agreement, Employee has done so knowingly, willingly and voluntarily accepted these terms for the purposes of making a full and final compromiseunder no compulsion or duress, settlement and adjustment of any and all claims, disputed or otherwise, on account of his personal services relationship (or termination of the relationship) with Lowe's and for the express purpose of precluding forever any further claims arising out of such relationship or its termination as set forth above; (3) that the payment listed above exceeds the amount that would normally be received for an employee separated by Lowe's, that it exceeds what Employee would otherwise have been so entitled to, and that the extra payment is in exchange for signing the separation benefits provided herein. v. The Agreement provides consideration in addition to anything of value to which Employee may be entitled independent of the Agreement. vi. This Agreement is not intended to be a waiver of claims, including claims under the ADEA, arising after the date Employee execute this Agreement; (4) that . c. Employee has been advised to consult with an attorney prior to executing this Agreement; (5) that Lowe's has given Employee a period of at least twenty-one (21) calendar days within which to consider and accept the terms of this Agreement; (6) that this Agreement waives all claims that may have arisen up to the date of this Agreement; (7) that Employee does not waive any claims that might arise after execution of this Agreement; (8) that 4Employee has been given at least seven (7) calendar days after execution to revoke this AgreementAgreement in writing by emailing xxxxxxxxxx@xxxxxx.xxx no later than the close of business on the 7th day after Employee signs. If Employee revokes this Agreement as provided in this Section, it shall be null and that, if void and Employee chooses will not be entitled to so revoke, any of the consideration from the Company described above. If Employee does not revoke this Agreement shall then become effective and enforceable and the payment listed above shall then be made pursuant to the terms of Paragraph 2 of this Agreement; and (9) to be effective, the revocation must be delivered, via hand delivery, within the seven (7) day period to, Xxxxxxx X. Xxxxxxxx, Senior Vice President, General Counsel and Secretary, Xxxx'x Companies, Inc., 0000 Xxxxxx Xxxxxx Road, Wilkesboro, NC 28697. 10.days of DocuSign Envelope ID: 000A3754-9164-4151-9AFE-3C318C42361C7991A2E1 EA96-49F6-B4F5-CED2ACE760B6
Appears in 1 contract
Notification of Rights. Employee agrees (1) that his waiver of rights under this Agreement is knowing and voluntary and complies in full with all of the requirements of the Older Workers Benefit Protection Act; (2) that he has read and understands the terms of this Agreement and has voluntarily accepted these terms for the purposes of making a full and final compromise, settlement and adjustment of any and all claims, disputed or otherwise, on account of his personal services relationship (or termination of the relationship) with Lowe's and for the express purpose of precluding forever any further claims arising out of such relationship or its termination as set forth above; (3) that the payment listed above exceeds the amount that would normally be received for an employee separated by Lowe's, that it exceeds what Employee would otherwise have been so entitled to, and that the extra payment is in exchange for signing this Agreement; (4) that Employee has been advised to consult with an attorney prior to executing this Agreement; (5) that Lowe's has given Employee a period of at least twenty-one (214(21) calendar days within which to consider and accept the terms of this Agreement; (6) that this Agreement waives all claims that may have arisen up to the date of this Agreement; (7) that Employee does not waive any claims that might arise after execution of this Agreement; (8) that 4Employee Employee has been given at least seven (7) calendar days after execution to revoke this Agreement, and that, if Employee chooses not to so revoke, the Agreement shall then become effective and enforceable and the payment listed above shall then be made pursuant to the terms of Paragraph 2 of this Agreement; and (9) to be effective, the revocation must be delivered, via hand delivery, within the seven (7) day period to, Xxxxxxx X. Xxxxxxxx, Senior Vice President, General Counsel and Secretary, Xxxx'x Companies, Inc., 0000 Xxxxxx Xxxxxx Road, Wilkesboro, NC 28697. 10.
Appears in 1 contract
Samples: Release and Separation Agreement (Lowes Companies Inc)