Common use of Older Workers Benefit Protection Act of 1990 Clause in Contracts

Older Workers Benefit Protection Act of 1990. This paragraph is intended to comply with the Older Workers Benefit Protection Act of 1990 (“OWBPA”) with regard to Pierhal’s waiver of rights under the Age Discrimination in Employment Act of 1967 (‘‘ADEA’’): (a) Pierhal is specifically waiving rights and claims under AOEA; (b) The waiver of rights under ADEA does not extend to any rights or claims arising after the date this Release is signed by Pierhal; (c) Pierhal acknowledges receiving consideration for this waiver; (d) Pierhal acknowledges that he has been advised to consult with an attorney before signing this Release; and (e) Pierhal acknowledges that after receiving a copy of this Release, Pierhal has the right to take up to 21 days to consider his decision to sign this Release; the parties agree that changes, whether material or immaterial, do not restart the running of the 21 day period. Pierhal may revoke his release of claims solely with respect to ADEA claims within a period of seven (7) days after execution of this Release. Pierhal agrees that any such revocation is not effective unless it is made in writing and delivered to OPEL Technologies Inc., 0 Xxxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxxx, Attn: Chairman of the Board of Directors by the seventh (7th) calendar day after execution of this Release. In the event of any such valid revocation, (1) Pierhal’s shall forfeit the right to receive $5,000 from the severance payments he otherwise would be entitled to receive under the Employment Agreement; and (2) in all other respects, the Release shall remain in full force and effect, including the release of all claims other than ADEA claims as set forth in Sections 1, 3 and 4 of this Release. This Release as it applies to ADEA claims becomes effective on the eight (8th) calendar day after it is executed, at which time Pierhal’s release of all ADEA claims will be final, binding, enforceable, and irrevocable. This Release as it applies to claims other than ADEA claims becomes effective upon execution of this Release at which time Pierhal’s release of all claims other than ADEA claims will be final, binding, enforceable, and irrevocable.

Older Workers Benefit Protection Act of 1990. This paragraph is intended to comply with The Age Discrimination in Employment Act of 1968, 29 U.S.C. Sec. 621, et seq., (“ADEA”) as amended by the Older Workers Benefit Protection Act of 1990 (the “OWBPA”) with regard and, regarding said OWBPA, Debney and the Company intend this Agreement to Pierhal’s waiver be a valid waiver, knowingly and voluntarily made, of any rights or claims under the Age Discrimination in Employment Act of 1967 (‘‘ADEA’’):ADEA and OWBPA to the maximum extent permitted by said OWBPA and: (a) Pierhal that this Agreement shall not cover claims that may arise after the date on which it is specifically waiving rights and claims under AOEAexecuted; (b) The waiver that the consideration for this Agreement is in addition to anything of rights under ADEA does not extend value to any rights or claims arising after the date this Release which Debney already is signed by Pierhalentitled; (c) Pierhal that Debney acknowledges receiving consideration for this waiver; (d) Pierhal acknowledges that he the Company has been advised to Debney in writing Debney may consult with an attorney before signing this Release; andAgreement; (d) that Debney has been given sufficient time to decide to sign this Agreement for a period of up to twenty-one (21) calendar days after the date on which Debney received this Agreement. Debney knowingly and voluntarily waives the remainder of the 21-day consideration period, if any, following the date Debney signed this release below. Debney has not been asked by the Company to shorten Debney’s time-period for consideration of whether to sign this release. The Company has not threatened to withdraw or alter the benefits due Debney prior to the expiration of the 21-day period nor has the Company provided different terms to Debney because Debney has decided to sign the release prior to the expiration of the 21-day consideration period. Debney understands that having waived some portion of the 21-day consideration period, the Company will expedite the processing of benefits provided to Debney in exchange for signing the release; (e) Pierhal that Debney acknowledges that after receiving a copy of this Release, Pierhal Debney has the right to take up to 21 revoke this Agreement within seven (7 business days to consider his decision to sign after signing it, and Debney and the Company agree this Release; the parties agree that changes, whether material Agreement shall not become “effective or immaterial, do not restart the running of the 21 day period. Pierhal may revoke his release of claims solely with respect to ADEA claims within a period of enforceable” until such seven (7) days after execution of business day revocation period has expired. Any revocation within this Release. Pierhal agrees that any such revocation is not effective unless it is made period must be submitted, in writing and delivered pursuant to OPEL Technologies Inc., 0 Xxxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxxx, Attn: Chairman of the Board of Directors by the seventh (7th) calendar day after execution Notice provisions of this Release. In the event of any such valid revocation, (1) Pierhal’s shall forfeit the right to receive $5,000 from the severance payments he otherwise would be entitled to receive under the Employment Agreement; and (2) in all other respects, the Release shall remain in full force and effect, including the release of all claims other than ADEA claims as set forth in Sections 1, 3 and 4 of this Release. This Release as it applies to ADEA claims becomes effective on the eight (8th) calendar day after it is executed, at which time Pierhal’s release of all ADEA claims will be final, binding, enforceable, and irrevocable. This Release as it applies to claims other than ADEA claims becomes effective upon execution of this Release at which time Pierhal’s release of all claims other than ADEA claims will be final, binding, enforceable, and irrevocable.

Older Workers Benefit Protection Act of 1990. This paragraph is intended to comply with the Older Workers Benefit Protection Act of 1990 (“OWBPA”) with regard to Pierhal’s waiver of rights under the Age Discrimination in Employment Act of 1967 (‘‘“ADEA’’”): (a) Pierhal is specifically waiving rights and claims under AOEAADEA; (b) The waiver of rights under ADEA does not extend to any rights or claims arising after the date this Release is signed by Pierhal; (c) Pierhal acknowledges receiving consideration for this waiver; (d) Pierhal acknowledges that he has been advised to consult with an attorney before signing this Release; and (e) Pierhal acknowledges that after receiving a copy of this Release, Pierhal has the right to take up to 21 days to consider his decision to sign this Release; the parties agree that changes, whether material or immaterial, do not restart the running of the 21 day period. Pierhal may revoke his release of claims solely with respect to ADEA claims within a period of seven (7) days after execution of this Release. Pierhal agrees that any such revocation is not effective unless it is made in writing and delivered to OPEL POET Technologies Inc., 0 Xxxxxxxxx Xxxxx000 Xxxxxxxx Xx. X — Suite 501, XxxxxxxToronto, XxxxxxxxxxxON, Canada M5H 2K1 Attn: Chairman of the Board of Directors by the seventh (7th) calendar day after execution of this Release. In the event of any such valid revocation, (1) Pierhal’s shall forfeit the right to receive $5,000 from the severance payments he otherwise would be entitled to receive under the Employment Agreement; and (2) in all other respects, the Release shall remain in full force and effect, including the release of all claims other than ADEA claims as set forth in Sections 1, 3 and 4 of this Release. This Release as it applies to ADEA claims becomes effective on the eight (8th) calendar day after it is executed, at which time Pierhal’s release of all ADEA claims will be final, binding, enforceable, and irrevocable. This Release as it applies to claims other than ADEA claims becomes effective upon execution of this Release at which time Pierhal’s release of all claims other than ADEA claims will be final, binding, enforceable, and irrevocable.

Older Workers Benefit Protection Act of 1990. This paragraph is intended to comply with the Older Workers Benefit Protection Act of 1990 (“OWBPA”) with regard to Pierhal’s Xxxxxxxx’x waiver of rights under the Age Discrimination in Employment Act of 1967 (‘‘“ADEA’’”): (a) Pierhal Xxxxxxxx is specifically waiving rights and claims under AOEAADEA; (b) The waiver of rights under ADEA does not extend to any rights or claims arising after the date this Release is signed by PierhalXxxxxxxx; (c) Pierhal Xxxxxxxx acknowledges receiving consideration for this waiver; (d) Pierhal Xxxxxxxx acknowledges that he has been advised to consult with an attorney before signing this Release; and (e) Pierhal Xxxxxxxx acknowledges that after receiving a copy of this Release, Pierhal Xxxxxxxx has the right to take up to 21 days to consider his decision to sign this Release; the parties agree that changes, whether material or immaterial, do not restart the running of the 21 day period. Pierhal Xxxxxxxx may revoke his release of claims solely with respect to ADEA claims within a period of seven (7) days after execution of this Release. Pierhal Xxxxxxxx agrees that any such revocation is not effective unless it is made in writing and delivered to OPEL Technologies Inc.Emisphere Technologies, 0 Xxxxxxxxx XxxxxInc. 000 Xxx Xxx Xxxx Xxxxx Xxxx, XxxxxxxXxxxxxxxx, XxxxxxxxxxxXxx Xxxx 00000, Attn: Chairman of the Board of Directors by the seventh (7th) calendar day after execution of this Release. In the event of any such valid revocation, (1) Pierhal’s Xxxxxxxx’x shall forfeit the right to receive $5,000 from the severance payments he otherwise would be entitled to receive under the Employment Agreement; and (2) in all other respects, the Release shall remain in full force and effect, including the release of all claims other than ADEA claims as set forth in Sections 1, 3 and 4 of this Release. This Release as it applies to ADEA claims becomes effective on the eight (8th) calendar day after it is executed, at which time Pierhal’s Xxxxxxxx’x release of all ADEA claims will be final, binding, enforceable, and irrevocableirrevoacble. This Release as it applies to claims other than ADEA claims becomes effective upon execution of this Release at which time Pierhal’s Xxxxxxxx’x release of all claims other than ADEA claims will be final, binding, enforceable, and irrevocableirrevoacble.