Common use of Older Workers’ Benefit Protection Act Waiver Clause in Contracts

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.

Appears in 1 contract

Samples: Retirement Agreement (Farmers National Banc Corp /Oh/)

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Older Workers’ Benefit Protection Act Waiver. XxMx. Xxxxx Xxxxxx has certain individual federal rights, which must be explicitly waived. Specifically, XxMx. Xxxxx Xxxxxx is protected by the ADEA from discrimination in employment because of his age. By executing this Agreement, XxMx. Xxxxx Xxxxxx 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 8.01 and waivers in Section 1.02 8.02 of any and all claims or disputes that XxMx. Xxxxx Xxxxxx has or may have on the date hereof, XxMx. Xxxxx Xxxxxx makes the following acknowledgements: [1] By signing this Agreement, XxMx. Xxxxx Xxxxxx 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 XxMx. Xxxxx Xxxxxx under this Agreement, XxMx. Xxxxx Xxxxxx will be receiving the payments and other benefits in the amounts and manner described in Article Articles 3 and 5 of the Retirement this Agreement. [3] XxMx. Xxxxx Xxxxxx represents and acknowledges that he has consulted with an attorney prior to executing this Agreement and XxMx. Xxxxx Xxxxxx 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] XxMx. Xxxxx Xxxxxx understands that this Agreement shall be effective as of the Effective Date (as defined in the Retirement Agreement) April 11, 2008 (“Effective Date”), provided that the Agreement is not revoked by XxMx. Xxxxx Xxxxxx within seven days after he signs the Agreement. For a period of seven days after he signs the Agreement, XxMx. Xxxxx Xxxxxx has the right to revoke and/or cancel this Agreement by the delivery of notice in writing of revocation and/or cancellation to Farmers Bankthe Corporation. In the event that XxMx. Xxxxx Xxxxxx does not revoke and/or cancel this Agreement during this period, this Agreement shall become effective on the Effective Date. In the event that XxMx. Xxxxx Xxxxxx revokes this Agreement, XxMx. Xxxxx Xxxxxx shall not be entitled to any of the consideration set out in Article 3 of the Retirement this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Schulman a Inc)

Older Workers’ Benefit Protection Act Waiver. XxMx. Xxxxx Xxxxxx has certain individual federal rights, which must be explicitly waived. Specifically, XxMx. Xxxxx Xxxxxx is protected by the ADEA from discrimination in employment because of his age. By executing this Agreement, XxMx. Xxxxx Xxxxxx 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 8.01 and waivers in Section 1.02 8.02 of any and all claims or disputes that XxMx. Xxxxx Xxxxxx has or may have on the date hereof, XxMx. Xxxxx Xxxxxx makes the following acknowledgements: [1] By signing this Agreement, XxMx. Xxxxx Xxxxxx 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 XxMx. Xxxxx Xxxxxx under this Agreement, XxMx. Xxxxx Xxxxxx will be receiving the payments and other benefits in the amounts and manner described in Article Articles 3 and 5 of the Retirement this Agreement. [3] XxMx. Xxxxx Xxxxxx represents and acknowledges that he has consulted with an attorney prior to executing this Agreement and XxMx. Xxxxx Xxxxxx 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] XxMx. Xxxxx Xxxxxx understands that this Agreement shall be effective as of the Effective Date (as defined in the Retirement Agreement) February 1, 2007 (“Effective Date”), provided that the Agreement is not revoked by XxMx. Xxxxx Xxxxxx within seven days after he signs the Agreement. For a period of seven days after he signs the Agreement, XxMx. Xxxxx Xxxxxx has the right to revoke and/or cancel this Agreement by the delivery of notice in writing of revocation and/or cancellation to Farmers Bankthe Corporation. In the event that XxMx. Xxxxx Xxxxxx does not revoke and/or cancel this Agreement during this period, this Agreement shall become effective on the Effective Date. In the event that XxMx. Xxxxx Xxxxxx revokes this Agreement, XxMx. Xxxxx Xxxxxx shall not be entitled to any of the consideration set out in Article 3 of the Retirement this Agreement.

Appears in 1 contract

Samples: Retirement Agreement (Firstmerit Corp /Oh/)

Older Workers’ Benefit Protection Act Waiver. Xx. Xxxxx Xxxx Xxxxxx has certain individual federal rights, which must be explicitly waived. Specifically, Xx. Xxxxx Xxxx Xxxxxx is protected by the ADEA from discrimination in employment because of his age. By executing this Agreement, Xx. Xxxxx Xxxx Xxxxxx 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 the Effective Date of this AgreementAgreement and challenges to the validity of the ADEA waiver. In connection with the releases in Section 1.01 7.02 and waivers in Section 1.02 7.03 of any and all claims or disputes that Xx. Xxxxx Xxxx Xxxxxx has or may have on the date hereof, Xx. Xxxxx Xxxx Xxxxxx makes the following acknowledgements: [1] : 7.04.1. By signing this Agreement, Xx. Xxxxx Xxxx Xxxxxx waives all claims against the Xxxx Xxxxxx 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. [2] In consideration of the releases, waivers and covenants made by Xx. Xxxxx Xxxx Xxxxxx under this Agreement, Xx. Xxxxx Xxxx Xxxxxx will be receiving receive the payments and other benefits in the amounts and manner described in Article 3 of the Retirement this Agreement. 7.04.3. [3] Xx. Xxxxx Xxxx Xxxxxx represents and acknowledges that he has consulted with an attorney prior to executing this Agreement and Xx. Xxxxx Xxxx Xxxxxx 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. [4] Xx. Xxxxx Xxxx Xxxxxx understands that this Agreement shall be effective as of on the Effective Date (as defined in eighth day after Xx. Xxxx Xxxxxx and the Retirement Agreement) Xxxxx Savings Entities execute the Agreement (“Effective Date”), provided that the Agreement is not revoked by Xx. Xxxxx Xxxx Xxxxxx within that (7) seven days day period after he signs the Agreement. For a period of (7) seven days after he signs the Agreement, Xx. Xxxxx Xxxx Xxxxxx has the right to revoke and/or cancel this Agreement by the delivery of notice in writing of revocation and/or cancellation to Farmers Bankthe Xxxxx Savings Entities. In the event that Xx. Xxxxx Xxxx Xxxxxx 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 Xxxx Xxxxxx revokes this Agreement, Xx. Xxxxx Xxxx Xxxxxx shall not be entitled to any of the consideration set out in Article 3 of the Retirement this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Wayne Savings Bancshares Inc /De/)

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 7.01 and waivers in Section 1.02 7.02 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 this 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) June 29, 2011 (“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 this Agreement.

Appears in 1 contract

Samples: Retirement Agreement (Farmers National Banc Corp /Oh/)

Older Workers’ Benefit Protection Act Waiver. XxMx. Xxxxx Xxxxxxx has certain individual federal rights, which must be explicitly waived. Specifically, XxMx. Xxxxx Xxxxxxx is protected by the ADEA from discrimination in employment because of his age. By executing this Agreement, XxMx. Xxxxx Xxxxxxx 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 10.01 and waivers in Section 1.02 10.02 of any and all claims or disputes that XxMx. Xxxxx Xxxxxxx has or may have on the date hereof, XxMx. Xxxxx Xxxxxxx makes the following acknowledgements: [1] By signing this Agreement, XxMx. Xxxxx Xxxxxxx 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 XxMx. Xxxxx Xxxxxxx under this Agreement, XxMx. Xxxxx Xxxxxxx will be receiving the payments and other benefits in the amounts and manner described in Article 3 Articles 3, 4 and 5 of the Retirement this Agreement. [3] XxMx. Xxxxx Xxxxxxx represents and acknowledges that he has consulted with an attorney prior to executing this Agreement and XxMx. Xxxxx Xxxxxxx 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] XxMx. Xxxxx Xxxxxxx understands that this Agreement shall be effective as of the Effective Date (as defined in the Retirement Agreement) May 18, 2006 (“Effective Date”), provided that the Agreement is not revoked by XxMx. Xxxxx Xxxxxxx within seven days after he signs the Agreement. For a period of seven days after he signs the Agreement, XxMx. Xxxxx Xxxxxxx has the right to revoke and/or cancel this Agreement by the delivery of notice in writing of revocation and/or cancellation to Farmers Bankthe Corporation. In the event that XxMx. Xxxxx Xxxxxxx does not revoke and/or cancel this Agreement during this period, this Agreement shall become effective on the Effective Date. In the event that XxMx. Xxxxx Xxxxxxx revokes this Agreement, XxMx. Xxxxx Xxxxxxx shall not be entitled to any of the consideration set out in Article 3 of the Retirement this Agreement.

Appears in 1 contract

Samples: Transition Agreement (Firstmerit Corp /Oh/)

Older Workers’ Benefit Protection Act Waiver. XxMx. Xxxxx Xxxxxx has certain individual federal rights, which must be explicitly waived. Specifically, XxMx. Xxxxx Xxxxxx is protected by the ADEA from discrimination in employment because of his age. By executing this Agreement, XxMx. Xxxxx Xxxxxx 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 XxMx. Xxxxx Xxxxxx has or may have on the date hereof, XxMx. Xxxxx Xxxxxx makes the following acknowledgements: [1] By signing this Agreement, XxMx. Xxxxx Xxxxxx 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 XxMx. Xxxxx Xxxxxx under this Agreement, XxMx. Xxxxx Xxxxxx will be receiving the payments and other benefits in the amounts and manner described in Article 3 5 of the Retirement Transition Agreement. [3] XxMx. Xxxxx Xxxxxx represents and acknowledges that he has consulted with an attorney prior to executing this Agreement and XxMx. Xxxxx Xxxxxx 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] XxMx. Xxxxx Xxxxxx understands that this Agreement shall be effective as of the Effective Termination Date (as defined in the Retirement Transition Agreement) (“Effective Date”), provided that the Agreement is not revoked by XxMx. Xxxxx Xxxxxx within seven days after he signs the Agreement. For a period of seven days after he signs the Agreement, XxMx. Xxxxx Xxxxxx has the right to revoke and/or cancel this Agreement by the delivery of notice in writing of revocation and/or cancellation to Farmers Bankthe Corporation. In the event that XxMx. Xxxxx Xxxxxx does not revoke and/or cancel this Agreement during this period, this Agreement shall become effective on the Effective Date. In the event that XxMx. Xxxxx Xxxxxx revokes this Agreement, XxMx. Xxxxx Xxxxxx shall not be entitled to any of the consideration set out in Article 3 5 of the Retirement Transition Agreement.

Appears in 1 contract

Samples: Transition Agreement (Firstmerit Corp /Oh/)

Older Workers’ Benefit Protection Act Waiver. XxMx. Xxxxx Xxxxxxx has certain individual federal rights, which must be explicitly waived. Specifically, XxMx. Xxxxx Xxxxxxx is protected by the ADEA from discrimination in employment because of his age. By executing this Agreement, XxMx. Xxxxx Xxxxxxx 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 XxMx. Xxxxx Xxxxxxx has or may have on the date hereof, XxMx. Xxxxx Xxxxxxx makes the following acknowledgements: [1] By signing this Agreement, XxMx. Xxxxx Xxxxxxx 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 XxMx. Xxxxx Xxxxxxx under this Agreement, XxMx. Xxxxx Xxxxxxx will be receiving the payments and other benefits in the amounts and manner described in Article 3 5 of the Retirement Transition Agreement. [3] XxMx. Xxxxx Xxxxxxx represents and acknowledges that he has consulted with an attorney prior to executing this Agreement and XxMx. Xxxxx Xxxxxxx 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] XxMx. Xxxxx Xxxxxxx understands that this Agreement shall be effective as of the Effective Termination Date (as defined in the Retirement Transition Agreement) (“Effective Date”), provided that the Agreement is not revoked by XxMx. Xxxxx Xxxxxxx within seven days after he signs the Agreement. For a period of seven days after he signs the Agreement, XxMx. Xxxxx Xxxxxxx has the right to revoke and/or cancel this Agreement by the delivery of notice in writing of revocation and/or cancellation to Farmers Bankthe Corporation. In the event that XxMx. Xxxxx Xxxxxxx does not revoke and/or cancel this Agreement during this period, this Agreement shall become effective on the Effective Date. In the event that XxMx. Xxxxx Xxxxxxx revokes this Agreement, XxMx. Xxxxx Xxxxxxx shall not be entitled to any of the consideration set out in Article 3 5 of the Retirement Transition Agreement.

Appears in 1 contract

Samples: Transition Agreement (Firstmerit Corp /Oh/)

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Older Workers’ Benefit Protection Act Waiver. XxMx. Xxxxx has certain individual federal rights, which must be explicitly waived. Specifically, XxMx. Xxxxx is protected by the ADEA from discrimination in employment because of his age. By executing this Agreement, XxMx. 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 8.01 and waivers in Section 1.02 8.02 of any and all claims or disputes that XxMx. Xxxxx has or may have on the date hereof, XxMx. Xxxxx makes the following acknowledgements: [1] By signing this Agreement, XxMx. 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 XxMx. Xxxxx under this Agreement, XxMx. Xxxxx will be receiving the payments and other benefits in the amounts and manner described in Article Articles 3 and 5 of the Retirement this Agreement. [3] XxMx. Xxxxx represents and acknowledges that he has consulted with an attorney prior to executing this Agreement and XxMx. 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] XxMx. Xxxxx understands that this Agreement shall be effective as of the Effective Date (as defined in the Retirement Agreement) August 31, 2007 (“Effective Date”), provided that the Agreement is not revoked by XxMx. Xxxxx within seven days after he signs the Agreement. For a period of seven days after he signs the Agreement, XxMx. 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 Bankthe Corporation. In the event that XxMx. 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 XxMx. Xxxxx revokes this Agreement, XxMx. Xxxxx shall not be entitled to any of the consideration set out in Article 3 of the Retirement this Agreement.

Appears in 1 contract

Samples: Separation Agreement (Schulman a Inc)

Older Workers’ Benefit Protection Act Waiver. XxMx. Xxxxx Xxxxxx has certain individual federal rights, which must be explicitly waived. Specifically, XxMx. Xxxxx Xxxxxx is protected by the ADEA from discrimination in employment because of his age. By executing this Agreement, XxMx. Xxxxx Xxxxxx 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 10.01 and waivers in Section 1.02 10.02 of any and all claims or disputes that XxMx. Xxxxx Xxxxxx has or may have on the date hereof, XxMx. Xxxxx Xxxxxx makes the following acknowledgements: [1] By signing this Agreement, XxMx. Xxxxx Xxxxxx 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 XxMx. Xxxxx Xxxxxx under this Agreement, XxMx. Xxxxx Xxxxxx will be receiving the payments and other benefits in the amounts and manner described in Article 3 Articles 3, 4 and 5 of the Retirement this Agreement. [3] XxMx. Xxxxx Xxxxxx represents and acknowledges that he has consulted with an attorney prior to executing this Agreement and XxMx. Xxxxx Xxxxxx 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] XxMx. Xxxxx Xxxxxx understands that this Agreement shall be effective as of the Effective Date (as defined in the Retirement Agreement) October 25, 2006 (“Effective Date”), provided that the Agreement is not revoked by XxMx. Xxxxx Xxxxxx within seven days after he signs the Agreement. For a period of seven days after he signs the Agreement, XxMx. Xxxxx Xxxxxx has the right to revoke and/or cancel this Agreement by the delivery of notice in writing of revocation and/or cancellation to Farmers Bankthe Corporation. In the event that XxMx. Xxxxx Xxxxxx does not revoke and/or cancel this Agreement during this period, this Agreement shall become effective on the Effective Date. In the event that XxMx. Xxxxx Xxxxxx revokes this Agreement, XxMx. Xxxxx Xxxxxx shall not be entitled to any of the consideration set out in Article 3 of the Retirement this Agreement.

Appears in 1 contract

Samples: Transition Agreement (Firstmerit Corp /Oh/)

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 9.01 and waivers in Section 1.02 9.02 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 Articles 3, 4 and 5 of the Retirement this 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) August 31, 2012 (“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 Bankthe Corporation. 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 this Agreement.

Appears in 1 contract

Samples: Transition and Retirement Agreement (Firstmerit Corp /Oh/)

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 5 of the Retirement Transition 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 Transition 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 Bankthe Corporation. 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 5 of the Retirement Transition Agreement.

Appears in 1 contract

Samples: Transition and Retirement Agreement (Firstmerit Corp /Oh/)

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