Older Workers’ Benefit Protection Act Waiver Sample Clauses

Older Workers’ Benefit Protection Act Waiver. Xx. Xxxxx has certain individual federal rights, which must be explicitly waived. Specifically, Xx. Xxxxx is protected by the ADEA from discrimination in employment because of his age. By executing this Agreement, Xx. Xxxxx waives these rights as to any past or current claims. Notwithstanding anything else in this Agreement, excluded from this Agreement are ADEA age claims that may arise after execution of this Agreement. In connection with the releases in Section 1.01 and waivers in Section 1.02 of any and all claims or disputes that Xx. Xxxxx has or may have on the date hereof, Xx. Xxxxx makes the following acknowledgements: [1] By signing this Agreement, Xx. Xxxxx waives all claims against the Released Parties for discrimination based on age, including without limitation, any claim which arises under or by reason of a violation of the ADEA. [2] In consideration of the releases, waivers and covenants made by Xx. Xxxxx under this Agreement, Xx. Xxxxx will be receiving the payments and other benefits in the amounts and manner described in Article 3 of the Retirement Agreement. [3] Xx. Xxxxx represents and acknowledges that he has consulted with an attorney prior to executing this Agreement and Xx. Xxxxx has been given a period of at least twenty-one (21) days within which to consider whether or not to enter into this Agreement. [4] Xx. Xxxxx understands that this Agreement shall be effective as of the Effective Date (as defined in the Retirement Agreement) (“Effective Date”), provided that the Agreement is not revoked by Xx. Xxxxx within seven days after he signs the Agreement. For a period of seven days after he signs the Agreement, Xx. Xxxxx has the right to revoke and/or cancel this Agreement by the delivery of notice in writing of revocation and/or cancellation to Farmers Bank. In the event that Xx. Xxxxx does not revoke and/or cancel this Agreement during this period, this Agreement shall become effective on the Effective Date. In the event that Xx. Xxxxx revokes this Agreement, Xx. Xxxxx shall not be entitled to any of the consideration set out in Article 3 of the Retirement Agreement.
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Older Workers’ Benefit Protection Act Waiver. The Executive has certain individual federal rights, which must be explicitly waived. Specifically, the Executive is protected by the ADEA from discrimination in employment because of the Executive’s age. By executing this Agreement, the Executive waives these rights as to any past or current claims. Notwithstanding anything else in this Agreement, excluded from this Agreement are ADEA age claims that may arise after execution of this Agreement. In connection with the releases in Section 1.01 and waivers in Section 1.02 of any and all claims or disputes that the Executive has or may have on the date hereof, the Executive makes the following acknowledgements: [1] By signing this Agreement, the Executive waives all claims against the Released Parties for discrimination based on age, including without limitation, any claim which arises under or by reason of a violation of the ADEA. [2] In consideration of the releases, waivers and covenants made by the Executive under this Agreement, the Executive will be receiving the payments and other benefits in the amounts and manner described in Section 3 of the Parties’ CIC Agreement.
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Older Workers’ Benefit Protection Act Waiver. The Executive has certain individual federal rights, which must be explicitly waived. Specifically, the Executive is protected by the ADEA from discrimination in employment because of the Executive’s age. By executing this Release, the Executive waives these rights as to any past or current claims. Notwithstanding anything else in this Release, excluded from this Release are ADEA age claims that may arise after execution of this Release. In connection with the releases and waivers in Paragraph 1(b) of any and all claims or disputes that the Executive has or may have on the date hereof, the Executive makes the following acknowledgements: [1 By signing this Release, the Executive waives all claims against the Company Released Parties for discrimination based on age, including without limitation, any claim which arises under or by reason of a violation of the ADEA.
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Older Workers’ Benefit Protection Act Waiver. Participant knowingly, voluntarily, and specifically waives all of his or her rights under the Age Discrimination and Employment Act (ADEA)
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Older Workers’ Benefit Protection Act Waiver a. The Employee specifically intends that the disputes the Employee is releasing herein include any claims the Employee may have under the Age Discrimination in Employment Act of 1967, as amended by the Older Workers’ Benefit Protection Act of 1990. THE EMPLOYEE, FREELY AND KNOWINGLY, AND AFTER DUE CONSIDERATION, ENTERS INTO THIS RELEASE INTENDING TO WAIVE, SETTLE AND RELEASE ALL CLAIMS THE EMPLOYEE HAS OR MIGHT HAVE AGAINST EACH AND EVERY RELEASEE AS OF THE DATE OF THE EMPLOYEE’S EXECUTION OF THIS RELEASE. b. The Employee acknowledges that the Employee does not waive rights or claims that may arise after the date of the Employee’s signing of this Agreement. c. The Employee acknowledges that, by waiving any rights or claims the Employee may have under the ADEA, the Employee is waiving rights or claims only in exchange for consideration in addition to anything of value to which the Employee already is entitled. d. The Employee is advised to consult with an attorney before signing this Release because the Employee is permanently giving up legal rights. The Employee acknowledges that Employee has been so advised to consult fully with an attorney prior to signing this Release. e. The Employee acknowledges that the Employee was given twenty-one (21) calendar days to consider this Release prior to signing this Release. The Employee may take all or as much of that 21-day period as the Employee wishes to consider this Release and, if the Employee signs this Release before the expiration of the 21-day period, the Employee knowingly and voluntarily waives the remainder of the period. f. The Employee will have seven (7) days after the date the Employee signs this Release within which to revoke it, and the Release will not become effective or enforceable as to any Party until the day after the time to revoke has expired. Such revocation must be in writing and delivered by email, courier, or mail so that it is received by Xxxxxxx Xxxxxxx, Senior Vice President and General Counsel (_________), 3400 Players Club, Xxxxx 000, Xxxxxxx, XX 00000 on or before the expiration of the seven-day revocation period. g. Nothing in this Release prevents or precludes the Employee from challenging or seeking a determination in good faith of the validity of the release of claims under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so.
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Older Workers’ Benefit Protection Act Waiver. Employee acknowledges: a. That Employee specifically intends that the claims he is releasing herein include any claims Employee may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended by the Older Workers Benefit Protection Act of 1990. EMPLOYEE, FREELY AND KNOWINGLY, AND AFTER DUE CONSIDERATION, ENTERS INTO THIS AGREEMENT INTENDING TO WAIVE, SETTLE, AND RELEASE ALL CLAIMS EMPLOYEE HAS OR MIGHT HAVE AGAINST THE COMPANY AND THE OTHER RELEASEES AS OF THE DATE OF EXECUTION OF THIS AGREEMENT. b. That Employee is not waiving rights and claims that Employee may have under the ADEA against the Company that may arise after the date on which this Agreement is executed. c. That Employee is advised to consult with an attorney before signing this Agreement because he is permanently giving up legal rights. Employee acknowledges that he has been so advised to consult with an attorney prior to signing this Agreement. d. That Employee has read this Agreement, understands its terms and the fact that it releases any and all claims Employee may have against the Company, and enters into this Agreement knowingly and voluntarily and without duress or coercion from any source. e. That this Agreement has been written in a manner calculated to be understood by Xxxxxxxx, and is in fact understood by Employee. f. That Employee has been given a reasonable period of time (more than 21 calendar days) to consider this Agreement prior to signing this Agreement. The Parties agree that any material or non-material modification of this Agreement will not restart the consideration period. g. That this Agreement becomes null and void and of no further force or effect if Employee does not sign, date, and return this Agreement to the Company on March 31, 2023. h. That Employee understands that he has 7 calendar days following his signing of this Agreement to revoke it (the “revocation period”). In order to effectively revoke this Agreement, Employee must provide notice of such revocation within 7 calendar days after he executes this Agreement to Xxxxxxxx Xxxx at xxxxxxxx.xxxx@xxxxxxxxx.xxx. After 7 calendar days have passed following Employee’s execution of this Agreement, Employee’s execution shall be final and irrevocable. i. That, if Employee revokes his release of any claim for violation of the ADEA, the Company shall have the option, at its discretion, of rescinding this Agreement in its entirety. In the event of a revocation pursuant to this Section, and if th...
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Older Workers’ Benefit Protection Act Waiver. Xx. Xxxxx has certain individual federal rights, which must be explicitly waived. Specifically, Xx. Xxxxx is protected by the ADEA from discrimination in employment because of his age. By executing this Agreement, Xx. Xxxxx waives these rights as to any past or current claims. Notwithstanding anything else in this Agreement, excluded from this Agreement are ADEA age claims that may arise after the Effective Date of this Agreement and challenges to the validity of the ADEA waiver. In connection with the releases in Section 7.02 and waivers in Section 7.03 of any and all claims or disputes that Xx. Xxxxx has or may have on the date hereof, Xx. Xxxxx makes the following acknowledgements: 7.04.1. By signing this Agreement, Xx. Xxxxx waives all claims against the Released Parties for discrimination based on age, including without limitation, any claim which arises under or by reason of a violation of the ADEA. 7.04.2. In consideration of the releases, waivers and covenants made by Xx. Xxxxx under this Agreement, Xx. Xxxxx will receive the benefits in the amounts and manner described in Article 3 of this Agreement. 7.04.3. Xx. Xxxxx represents and acknowledges that he has consulted with an attorney prior to executing this Agreement and Xx. Xxxxx has been given a period of at least twenty-one (21) days within which to consider whether or not to enter into this Agreement. 7.04.4. Xx. Xxxxx understands that this Agreement shall be effective on the eighth day after Xx. Xxxxx and the Corporation execute the Agreement (“Effective Date”), provided that the Agreement is not revoked by Xx. Xxxxx within that (7) seven day period after he signs the
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Older Workers’ Benefit Protection Act Waiver. In connection with the waivers in Paragraph 2 of any and all claims or disputes that Mr. Xxxxx has or may have on the date hereof, Mr. Xxxxx xxxes the following acknowledgments: (a) By signing this Agreement, Mr. Xxxxx xxxves all claims against the Employer, and its principals, stockholders, directors, officers, agents, administrators, insurers, subsidiaries, affiliates, employees, successors, assigns, related entities, and legal representatives, personally and in their representative capacities, and each of them, for discrimination based on age, including without limitation, any claim which arises under or by reason of a violation of the Age Discrimination in Employment Act, as amended, 29 U.S.C. 621 ET SEQ. (b) In consideration of the waivers and covenants made by Mr. Xxxxx xxxer this Agreement, Mr. Xxxxx xxxl be receiving the settlement payments in the amounts and manner described in Paragraph 1 of this Agreement.
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Older Workers’ Benefit Protection Act Waiver 
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Related to Older Workers’ Benefit Protection Act Waiver

  • Older Workers Benefit Protection Act Executive agrees and expressly acknowledges that this Release includes a waiver and release of all claims which he has or may have under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (“ADEA”). The following terms and conditions apply to and are part of the waiver and release of the ADEA claims under this Release: (i) This paragraph, and this Release are written in a manner calculated to be understood by him. (ii) The waiver and release of claims under the ADEA contained in this Release does not cover rights or claims that may arise after the date on which he signs this Release. (iii) This Release provides for consideration in addition to anything of value to which he is already entitled. (iv) Executive has been advised to consult an attorney before signing this Release. (v) Executive has been granted twenty-one (21) days after he is presented with this Release to decide whether or not to sign this Release. If he executes this Release prior to the expiration of such period, he does so voluntarily and after having had the opportunity to consult with an attorney, and hereby waives the remainder of the twenty-one (21) day period. (vi) Executive has the right to revoke this general release within seven (7) days of signing this Release. In the event he does so, both this Release and the offer of benefits to him pursuant to the Employment Agreement or the Change of Control Agreement, as applicable, will be null and void in their entirety, and he will not receive any severance payments or benefits under the Employment Agreement or the Change of Control Agreement. If he wishes to revoke this Release, Executive shall deliver written notice stating his or her intent to revoke this Release to the Chairman of the Board of Directors of the Company and the Company’s Chief Executive Officer, or, if Executive is serving in such capacities as of the Termination Date, to the Chairman of the Compensation Committee of the Board of Directors of the Company, at the offices of the Company on or before 5:00 p.m. on the seventh (7th ) day after the date on which he signs this Release.

  • COMPLIANCE WITH WORKERS' COMPENSATION ACT Contractor shall comply with the provisions of the Montana Workers' Compensation Act while performing work for the Department of Montana in accordance with 00-00-000, 00-00-000, and 00-00-000, MCA. Proof of compliance must be in the form of workers' compensation insurance, an independent contractor's exemption, or documentation of corporate officer status. Neither Contractor nor its employees are Department employees. This insurance/exemption must be valid for the entire contract term and any renewal. Upon expiration, a renewal document must be sent to the Department’s Contracts Management Bureau, X.X. Xxx 000000, Xxxxxx, XX 00000.

  • Age Discrimination Act of 1975 The Contractor shall comply with the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), as amended, and any applicable regulations. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.

  • Medical Leave Pursuant to applicable provisions of the Civil Service Rules, County Code, and other law, medical leaves of absence will be granted by the employee’s Department Head upon request only upon submission of a doctor’s certificate or other satisfactory medical evidence of the employee’s need for such leave.

  • Release of Claims Under Age Discrimination in Employment Act Without limiting the generality of the foregoing, Executive agrees that by executing this Release, he has released and waived any and all claims he 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 Executive is advised to consult with an attorney prior to executing this Release; that he in fact has consulted a knowledgeable, competent attorney regarding this Release; that he may, before executing this Release, consider this Release for a period of twenty-one (21) calendar days; and that the consideration he receives for this Release is in addition to amounts to which he 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 Executive may revoke this Release within seven (7) calendar days from the date of execution hereof.

  • Family and Medical Leave Act of 1993 The parties agree that the Employer may adopt policies to implement the Family and Medical Leave Act of 1993 that are in accord with what is legally permissible under the Act.

  • Family and Medical Leave Act (FMLA In accordance with the Family and Medical Leave Act (FMLA) of 1993, the Board will grant a leave of absence for one or more of the following: 1. Because of the birth of a son or daughter of the employee, and in order to care for such son or daughter; 2. Because of the placement of a son or daughter with the employee for adoption or xxxxxx care; 3. To care for the employee's spouse, son or daughter, or par- ent, in laws or members of blended families or other per- sons in a similar relationship that live in the family house- hold or are in a similar family relationship who has a serious health condition; or, 4. The employee is unable to perform the essential job func- tions because of a serious health condition. As of February 2008, an employee who is the spouse, son, daughter, parent or the next of kin of a covered service mem- ber can take up to 26 weeks of FMLA leave during a single twelve (12) month period to care for the injured service mem- ber. The same eligibility requirements apply for employees requesting a leave under this category. Regulations as estab- lished by the Department of Labor will be followed when granting leaves under this provision. FMLA leaves are only available to employees who have been employed by the District for at least twelve (12) months and have worked 1,250 hours during the previous twelve (12) month period. Such leaves are counted against an employee's annual FMLA leave entitlement. Under the FMLA, an employee is eligible for a total of twelve (12) work weeks of leave in a twelve (12) month period. This twelve (12) month period is measured back from the date a requested leave is to begin. Continuation of medical, optical and dental benefits and the right to job restoration ceases when an employee has used twelve (12) work weeks of FMLA leave in the twelve (12) month period. (See Section B, Medical Leave of Absence). An employee requesting a FMLA leave must provide the Xxxxx- xxxx Superintendent of Human Resources at least thirty (30) days advance notice of when the leave is to begin. If such no- xxxx is not practicable, then notice is to be provided as soon as practicable. When a leave denoted as (1) or (2) above is granted, the leave must be taken in one (1) continuous increment, and must be concluded within twelve (12) months of the date of birth or placement. Employees granted such leave must utilize accu- mulated vacation days and accumulated personal business days (in that order), after which time the leave is unpaid. When a leave denoted as (3) above is granted, the employee must utilize accumulated sick leave time, accumulated vacation days, and accumulated personal business days (in that order), after which time the leave is unpaid. When a leave denoted as (4) above is granted, the employee must utilize accumulated sick leave days and accumulated per- xxxxx business days (in that order), after which time the leave is unpaid. After these days have been used and if more sick time is needed, the employee may choose to use accumulated vacation time. When additional time is needed during the 90 calendar day (13 week) LTD elimination period, the employee may use available vacation days. If the employee has pur- chased and is filing for short term disability, vacation days may be used during the 14 day elimination period. Vacation days cannot be used once the short term disability coverage starts. Leaves denoted as (3) or (4) above must be supported by med- ical certification from a health care provider stating (1) the date on which the serious health condition commenced, (2) the probable duration of the condition, (3) the appropriate medical facts, and (4) a statement that the employee is unable to per- form the essential functions of his/her position, or that the em- ployee is needed to care for the person. The District reserves the right to require the employee to obtain the opinion of a sec- ond health care provider designated or approved by the District concerning any information within the medical certification. When a FMLA leave denoted as (1) or (2) above is granted to spouses who are both employed by the District, the total amount of time on leave (in total for both employees) cannot exceed twelve (12) weeks of FMLA time. At the expiration of a medical leave or if the employee wishes to return to work before completion of the leave, there must be a physician's certification confirming his/her fitness to return to work. The District may condition the employee's return to work upon a fitness for duty examination and approval by a health care provider designated by the District. The District will continue to provide an employee's medical, optical and dental insurance while he/she is on a FMLA leave for a period of up to twelve (12) weeks on the same terms and conditions as prior to the leave. An employee on a FMLA leave shall not engage in any outside or supplemental employment. The District may recover insurance premiums paid while an employee was on an unpaid FMLA leave if: 1. The employee fails to return to work for at least thirty (30) days after the expiration of the leave; and 2. The failure to return is for a reason other than a serious health condition, or other circumstances beyond the control of the employee. Certification from the health care provider may be required for this purpose. An employee returning from a FMLA leave will be restored to the position he/she left, or to an equivalent position with equiv- alent benefits, pay and other terms and conditions of employ- ment. If the employee has not satisfactorily completed the probation- ary period at the commencement of a FMLA leave, then upon cessation of the leave, the employee must work the days need- ed to complete the probationary period.

  • CIVIL RIGHTS ACT This Agreement is subject to the compliance requirements of Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C. § 2000d) relating to nondiscrimination in Federally assisted programs. The Performer has signed an Assurance of Compliance with the nondiscriminatory provisions of the Act.

  • Family Medical Leave Act (FMLA A. The State acknowledges its commitment to comply with the spirit and intent of the leave entitlement provided by the FMLA and the California Family Rights Act (CFRA) referred to collectively as "FMLA." The State and the Union recognize that on occasion it will be necessary for employees of the State to take job- protected leave for reasons consistent with the FMLA. As defined by the FMLA, reasons for an FMLA leave may include an employee's serious health condition, for the care of a child, spouse, or parent who has a serious health condition, and/or for the birth or adoption of a child. B. For the purposes of providing the FMLA benefits the following definitions shall apply: 1. An eligible employee means an employee who meets the eligibility criteria set forth in the FMLA; 2. An employee's child means any child, regardless of age, who is affected by a serious health condition as defined by the FMLA and is incapable of self care. "Care" as provided in this section applies to the individual with the covered health condition;

  • Immigration Reform and Control Act Contractor shall comply with the requirements of the Immigration Reform and Control Act of 1986, which requires employment verification and retention of verification forms for any individuals hired who will perform any services under the contract.

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