Older Worker Benefit Protection Act Disclosure Sample Clauses

Older Worker Benefit Protection Act Disclosure. The Employee recognizes that as part of this agreement to release any and all claims against the Company and the other Company Releasees, he is releasing claims for age discrimination under the Age Discrimination in Employment Act (regardless of whether he has ever asserted such claims). Accordingly, The Employee has a right to review and reflect upon this Agreement for a period of up to twenty-one (21) days after the date he receives this Agreement (the “Review Period”); and he has an additional period of seven (7) days after executing this Agreement to revoke it under the terms of the Older Worker Benefit Protection Act (the “Revocation Period”). Unless properly revoked during the Revocation Period, this Agreement, including the releases contained herein, shall become effective immediately upon the expiration of the Revocation Period (the “Effective Date”). The Employee is hereby advised in writing to consult with an attorney of his own choosing in connection with this Agreement. By his signature below, the Employee represents and warrants that he has been advised to consult with an attorney of his own choosing, that he has been given a reasonable amount of time to consider this Agreement, and that if he signs this Agreement prior to the expiration of the Review Period, he is voluntarily and knowingly waiving the remainder of the Review Period.
Sample 1
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Older Worker Benefit Protection Act Disclosure. Gang recognizes that as part of his agreement to release any and all claims against the ALPHANET RELEASEES, he is releasing claims for age discrimination under the Age Discrimination in Employment Act, although Gang has never asserted such claims. Accordingly, he has a right to reflect upon this Agreement for a period of twenty-one (21) days before executing it, and he has an additional period of seven (7) days after executing this Agreement to revoke it under the terms of the Older Worker Benefit Protection Act. This Agreement shall be effective upon the expiration of the seven (7) day revocation period. By his signature below, Gang represents and warrants that he has been advised to consult with an attorney of his own choosing (and has so consulted), that he has been given a reasonable amount of time to consider this Agreement, and that if he signs this Agreement prior to the expiration of the twenty-one (21) day review period, he is voluntarily and knowingly waiving his twenty-one (21) day review period. 12.
Sample 1
Older Worker Benefit Protection Act Disclosure. Executive recognizes that as part of her agreement to release any and all Claims against the Company Releasees, she is releasing Claims for age discrimination under the Age Discrimination in Employment Act, although Executive has not made any such Claims. Accordingly, before executing this Separation Agreement, Executive has a right to reflect upon it for a period of up to twenty-one (21) days before executing it (the “Review Period”), and she has an additional period of seven (7) days after executing this Separation Agreement to revoke it in writing to the Company’s Board in the manner described in Section 9 of this Separation Agreement (the “Revocation Period”) under the terms of the Older Worker Benefit Protection Act. This Separation Agreement shall be effective upon the expiration of the seven (7) day Revocation Period (the “Effective Date”). By her signature below, Executive represents and warrants that she has been advised to consult and has consulted with an attorney of her own choosing, that she has been given a reasonable amount of time to consider this Separation Agreement, and that if she signs this Separation Agreement prior to the expiration of the Review Period, she is voluntarily and knowingly waiving the remainder of the Review Period.
Sample 1
Older Worker Benefit Protection Act Disclosure. Employee recognizes that as part of Employee’s agreement to release any and all Claims against the Company Releasees, Employee is releasing Claims for age discrimination under the Age Discrimination in Employment Act, although Employee has not made any such Claims. Accordingly, before executing this General Release, Employee has a right to reflect upon it for a period of up to twenty-one (21) days before executing it (the “Review Period”), and Employee has an additional period of seven (7) days after executing this General Release to revoke it in writing to the Company’s Board in the manner described in Paragraph 4 below (the “Revocation Period”) under the terms of the Older Worker Benefit Protection Act. This General Release shall be effective upon the expiration of the seven (7) day Revocation Period (the “Effective Date”). By Employee’s signature below, Employee represents and warrants that Employee has been advised to consult and has consulted with an attorney of Employee’s own choosing, that Employee has been given a reasonable amount of time to consider this General Release, and that if Employee signs this General Release prior to the expiration of the Review Period, Employee is voluntarily and knowingly waiving the remainder of the Review Period.
Sample 1
Older Worker Benefit Protection Act Disclosure. In accordance with the Older Worker Benefit Protection Act (OWBPA), the Company discloses to you the Company’s OWBPA Disclosure attached hereto and incorporated herein as Attachment A. You acknowledge and agree the Company provided you with the following: (i) information that describes the group of individuals to whom the Company is offering severance benefits in exchange for a release of claims; (ii) information regarding the Confidential 2 XXXX XXXXXXXXX eligibility factors for inclusion in that group; (iii) information regarding the time limits applicable to that offer; (iv) information regarding the job titles and ages of all individuals to whom the Company is offering a severance payment in exchange for a release of claims; and (v) information regarding the ages of all individuals to whom the Company did not offer a severance payment in exchange for a release of claims but who were in the same job classifications or organizational unit as any individual covered in the group described in (iv) as required by the OWBPA.
Sample 1
Older Worker Benefit Protection Act Disclosure. 22.1 Employees further agree that: (1) They have been advised to consult with an attorney of their choice concerning their employment and their cessation of employment with the Company, this agreement and each and all of the results and consequences of their execution of this agreement; (2) they had ample time to consult with an attorney entirely of their own choice, concerning their employment and their cessation of employment with the Company, this agreement and each and all of the results and consequences of their execution of this agreement; (3) they had not less than twenty-one (21) calendar days, and/or have had the full, complete and unrestricted opportunity to have at least twenty-one (21) calendar days, in which to consider their employment and their cessation of employment with the Company, this agreement and each and all of the results and consequences of their execution of this agreement; and (4) this agreement shall not be effective until seven (7) calendar days after the execution of this agreement by the Employees, provided that the Employees have not within that seven (7) calendar day period, exercised the right to revoke their Employees consent to this agreement by giving notice to their decision to revoke.
Sample 1
Older Worker Benefit Protection Act Disclosure. Consultant acknowledges that:
Sample 1
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Older Worker Benefit Protection Act Disclosure. You recognize that as part of your agreement to release any and all Claims against the Company, you are releasing Claims for age discrimination under the Age Discrimination in Employment Act, although you have never asserted such Claims. Accordingly, you have a right to consider this Agreement for a period of up to twenty-one (21) days before executing it (the “Review Period”), and you have an additional period of seven (7) days after executing this Agreement to revoke it under the terms of the Older Worker Benefit Protection Act (the “Revocation Period”). If you elect to revoke this Agreement, you must provide written notice of such revocation to Xxxxx X’Xxxxxx, Atlantic Power Corporation, 0 Xxxxxx Xxxxx, Xxxxx 000, Xxxxxx, XX 00000 by no later than the end of the last day of the Revocation Period. If the last day of the Review Period and/or the Revocation Period falls on a Saturday, Sunday or legal holiday in Massachusetts, then the last day of the Review Period and/or the Revocation Period (as applicable) shall be deemed to be the next business day after such Saturday, Sunday or legal holiday in Massachusetts. By your signature below, you represent and warrant that: (i) you hereby are advised in writing, and that you have been so advised, to consult with an attorney of your own choosing; (ii) you have been given a reasonable amount of time to consider this Agreement of not less than twenty-one (21) days; (iii) you fully understand the significance of the terms and conditions of this Agreement and you have discussed them with your independent legal counsel, or have had a reasonable opportunity to have done so; (iv) you agree to all the terms and conditions of this Agreement without any coercion; (v) you are signing this Agreement voluntarily and of your own free will, with the full understanding of its legal consequences, and with the intent to be bound hereby; and (vi) if you sign this Agreement during the Review Period prior to the twenty-first (21st) day thereof, you are voluntarily and knowingly waiving your twenty-one (21) day period to review and consider this Agreement.
Sample 1

Related to Older Worker Benefit Protection Act Disclosure

  • Older Workers Benefit Protection Act This Agreement is intended to satisfy the requirements of the Older Workers’ Benefit Protection Act, 29 U.S.C. sec. 626(f). Employee is advised to consult with an attorney before executing this Agreement.

  • Release of Claims Under Age Discrimination in Employment Act Without limiting the generality of the foregoing, the Executive agrees that by executing this Release, [he] [she] has released and waived any and all claims [he] [she] has or may have as of the date of this Release for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. It is understood that the Executive is advised to consult with an attorney prior to executing this Release; that the Executive in fact has consulted a knowledgeable, competent attorney regarding this Release; that the Executive may, before executing this Release, consider this Release for a period of twenty-one (21) calendar days; and that the consideration the Executive receives for this Release is in addition to amounts to which the Executive was already entitled. It is further understood that this Release is not effective until seven (7) calendar days after the execution of this Release and that the Executive may revoke this Release within seven (7) calendar days from the date of execution hereof. The Executive agrees that [he] [she] has carefully read this Release and is signing it voluntarily. The Executive acknowledges that [he] [she] has had twenty one (21) days from receipt of this Release to review it prior to signing or that, if the Executive is signing this Release prior to the expiration of such 21-day period, the Executive is waiving [his] [her] right to review the Release for such full 21-day period prior to signing it. The Executive has the right to revoke this release within seven (7) days following the date of its execution by [him] [her]. However, if the Executive revokes this Release within such seven (7) day period, no severance benefit will be payable to the Executive under the CIC Agreement and the Executive shall return to the Company any such payment received prior to that date. THE EXECUTIVE HAS CAREFULLY READ THIS RELEASE AND ACKNOWLEDGES THAT IT CONSTITUTES A GENERAL RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AGAINST THE COMPANY UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT. THE EXECUTIVE ACKNOWLEDGES THAT [HE] [SHE] HAS HAD A FULL OPPORTUNITY TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR OF THE EXECUTIVE’S CHOOSING CONCERNING [HIS] [HER] EXECUTION OF THIS RELEASE AND THAT [HE] [SHE] IS SIGNING THIS RELEASE VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE COMPANY FROM ALL SUCH CLAIMS. Executive Date:

  • Benefit Programs The Executive shall be eligible to participate in any plans, programs or forms of compensation or benefits that the Company or the Company’s subsidiaries provide to the class of employees that includes the Executive, on a basis not less favorable than that provided to such class of employees, including, without limitation, group medical, disability and life insurance, paid time-off, and retirement plan, subject to the terms and conditions of such plans, programs or forms of compensation or benefits.

  • OWBPA The undersigned agrees and acknowledges that this Release constitutes a knowing and voluntary waiver and release of all Claims the undersigned has or may have against the Company and/or any of the Releasees as set forth herein, including, but not limited to, all Claims arising under the Older Worker’s Benefit Protection Act and the ADEA. In accordance with the Older Worker’s Benefit Protection Act, the undersigned is hereby advised as follows:

  • Employment Practices Except as set forth on SCHEDULE 4.22 hereto, neither the Company nor any of its Subsidiaries are a party to or in the process of negotiating any collective bargaining or labor agreement or union contract. Except as set forth on Schedule 4.22, there is no (i) charge, complaint or suit pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries respecting employment, hiring for employment, terminating from employment, employment practices, employment discrimination, sexual harassment or other forms of discriminatory harassment terms and conditions of employment, safety, wrongful termination, or wages and hours, (ii) unfair labor practice charge or complaint pending or, to the knowledge of the Company, threatened against, or decision or order in effect and binding on, the Company or any of its Subsidiaries before or of the National Labor Relations Board, (iii) grievance or arbitration proceeding arising out of or under collective bargaining agreements pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, (iv) strike, labor dispute, slow-down, work stoppage or other interference with work pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or (v) to the knowledge of the Company, union organizing activities or union representation question threatened or existing with respect to any groups of employees of the Company or any of its Subsidiaries.

  • Employee Benefit Programs, Plans and Practices The Company shall during the Term provide Executive with coverage under all employee pension and welfare benefit programs, plans and practices (to the extent permitted under any employee benefit plan) in accordance with the terms thereof, which the Company generally makes available to its senior executives.

  • Americans with Disabilities Act The parties acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the “ADA”) establish requirements under Title III of the ADA (“Title III”) pertaining to business operations, accessibility and barrier removal. Except as may be otherwise specifically provided herein, Tenant accepts the Building in “as is” condition and agrees that Landlord makes no representation or warranty as to whether the Premises or the Building conform to the requirements of the ADA or any other requirements under the ADA pertaining to the accessibility of the Premises or the Building. To the extent that Landlord prepared, reviewed or approved any of plans and specifications such action shall in no event be deemed any representation or warranty that the same comply with any requirements of the ADA. Notwithstanding anything to the contrary in this Lease, the parties hereby allocate responsibility for Title III compliance as follows: (a) Tenant shall be responsible for all Title III compliance and costs in connection with the Premises, including structural work, if any, and including any leasehold improvements or other work to be performed under or in connection with this Lease, and (b) Landlord shall be responsible for all Title III compliance and costs in connection with all common areas of the Project. Tenant shall be responsible for all other requirements under the ADA relating to the operations of the Tenant or its affiliates, or the Premises, including, without limitation, requirements under Title I of the ADA pertaining to Tenant’s employees. Notwithstanding anything contained herein to the contrary, Landlord shall, at its sole cost and expense, renovate the mens and women’s restrooms, on the 4th, 7th and 8th floors of the Building, so that they comply with the requirements set forth in the ADA Accessibility Guidelines by January 1, 1999.

  • SAFETY AND HEALTH All sources supplying coal purchased under this contract shall be in full compliance with the Federal Mine Safety and Health Act of 1977 and regulations issued thereunder. Failure to comply shall constitute a breach of contract, permitting TVA to exercise its remedies under this contract or as provided by law.

  • Credit Reporting; Gramm-Leach-Bliley Act (a) With respect to each Mortgage Loan, each Sexxxxxx xxxxxx xx xully furnish, in accordance with the Fair Credit Reporting Act and its implementing regulations, accurate and complete information (e.g., favorable and unfavorable) on its borrower credit files to Equifax, Experian and TransUnion Credit Information Company (three of the credit repositories), on a monthly basis.

  • Employment and Labor Relations Neither the Borrower nor any of its Subsidiaries is engaged in any unfair labor practice that, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. There is (i) no unfair labor practice complaint pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, before the National Labor Relations Board, and no grievance or arbitration proceeding arising out of or under any collective bargaining agreement is so pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against any of them, (ii) no strike, labor dispute, slowdown or stoppage pending against the Borrower or any of its Subsidiaries or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries, (iii) no union representation question exists with respect to the employees of the Borrower or any of its Subsidiaries, (iv) no equal employment opportunity charges or other claims of employment discrimination are pending or, to the Borrower’s knowledge, threatened against the Borrower or any of its Subsidiaries, and (v) no wage and hour department investigation has been made of the Borrower or any of its Subsidiaries, except (with respect to any matter specified in clauses (i) through (v) above, either individually or in the aggregate) such as could not reasonably be expected to have a Material Adverse Effect.

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