Common use of OWBPA/ADEA Waiver Clause in Contracts

OWBPA/ADEA Waiver. By agreeing to this provision, You release and waive any right or claim against the Company1 arising out of Your employment or the termination of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”), and the Georgia Prohibition of Age Discrimination in Employment, O.C.G.A. § 34-1-2 (such release and waiver referred to as the “Waiver”). You understand and agree that, (i) this Agreement is written in a manner that You understand; (ii) You do not release or waive rights or claims that may arise after You sign this Agreement; (iii) You waive rights and claims You may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are already entitled; (iv) You are advised to consult with an attorney before signing this Agreement; (v) You have twenty-one (21) calendar days from receipt of this Agreement to consider whether to sign it (the “Offer Period”). The Parties agree that the Company may revoke this offer at any time. However, if You sign before the end of the Offer Period, You acknowledge that Your decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vi) You have seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). If You revoke, the Agreement shall not be effective or enforceable and You shall not be entitled to the consideration set forth in this Agreement. To be effective, the revocation must be in writing and received by the Company’s Vice President of People Operations, Xxxxx Xxxx, at 000 Xxxxx xx Xxxx Avenue, Suite 6000, Atlanta, Georgia, 30308, prior to expiration of the Revocation Period; and (vii) this Waiver shall not become effective or enforceable until the Revocation Period has expired.

OWBPA/ADEA Waiver. By agreeing to this provision, You release and waive any right or claim against the Company1 arising out of Your employment or the termination of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), and the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”), and the Georgia Prohibition of Age Discrimination in Employment, O.C.G.A. § 34-1-2 ) (such release and waiver referred to as the “Waiver”). You understand and agree that, : (ia) this Agreement is written in a manner that You understand; (iib) You do not release or waive rights or claims that may arise after You sign this Agreement; (iiic) You waive rights and claims You may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are already entitled; (ivd) You are advised to consult with an attorney before signing this Agreement; (ve) You have twenty-one (21) calendar days (the “Offer Period”) from receipt of this Agreement to consider whether to sign it (the “Offer Period”)it. The Parties agree that the Company may revoke this offer at any time. However, if If You sign before the end of the Offer Period, You acknowledge that Your decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vif) You have seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). If You revoke, the Agreement shall will not be effective or enforceable and You shall will not be entitled to the consideration set forth in this Agreementseparation benefits stated above. To be effective, the revocation must be in writing and received by the Company’s Vice President of People OperationsChief Administrative Officer, Xxxxx Xxxx, at 000 Xxxxx xx Xxxx AvenueBWAY Corporation, 0000 Xxxxxxx Xxxxx, Suite 6000250, Atlanta, Georgia, 3030830350, or his successor, prior to expiration of the Revocation Period; and (viig) this Waiver shall will not become effective or enforceable until the Revocation Period has expired. 1For purposes of Sections A(2), A(3), B(1), B(3), B(4), and C(1) of this Agreement, the term “Company” includes Company, the Company’s parents, subsidiaries, affiliates and all related companies, as well as their respective officers, directors, shareholders, employees, agents and any other representatives, any employee benefits plan of the Company, and any fiduciary of those plans.

OWBPA/ADEA Waiver. By agreeing to this provision, You release and waive any right or claim against the Company1 arising out of Your employment or the termination of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”), and or the Georgia Prohibition of Age Discrimination in Employment, O.C.G.A. § 34-1-2 (such release and waiver referred to as the “Waiver”). You understand and agree that, : (ia) this Agreement is written in a manner that You understand; (iib) You do not release or waive rights or claims that may arise after You sign this Agreement; (iiic) You waive rights and claims You may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are already entitled; (ivd) You are advised to consult with an attorney before signing this Agreement; (ve) You have twenty-twenty one (21) calendar days (the “Offer Period”) from receipt of this Agreement to consider whether to sign it (the “Offer Period”)it. The Parties agree that the Company may revoke this offer at any time. However, if If You sign before the end of the Offer Period, You acknowledge that Your decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vif) You have seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). If You you revoke, the Agreement shall not be effective or enforceable and You shall not be entitled to the consideration set forth in this Agreementseparation benefits stated above. To be effective, the revocation must be in writing and received by the Company’s Vice President Chairman of People Operationsthe Board of Directors, Sxxxxxx X. Xxxxx, at Lodgian, Inc., 3000 Xxxxxxxxx Xxxx, Xxxxx Xxxx000, at 000 Xxxxx xx Xxxx AvenueXxxxxxx, Suite 6000Xxxxxxx, Atlanta00000, Georgia, 30308or his successor, prior to expiration of the Revocation Period; and (viig) this Waiver shall not become effective or enforceable until the Revocation Period has expired.

OWBPA/ADEA Waiver. By agreeing to this provision, You release and waive any right or claim against the Company1 arising out of Your employment or the termination of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”), and the Georgia Prohibition of Age Discrimination in Employment, O.C.G.A. § 34-1-2 (such release and waiver referred to as the “Waiver”). You understand and agree that, (ia) this Agreement is written in a manner that You understand; (iib) You do not release or waive rights or claims that may arise after You sign this Agreement; (iiic) You waive rights and claims You may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are already entitled; (ivd) You are advised to consult with an attorney before signing this Agreement; (ve) You have twenty-one (21) calendar days (the “Offer Period”) from receipt of this Agreement to consider whether to sign it (the “Offer Period”)it. The Parties agree that the Company may revoke this offer at any time. However, if You sign before the end of the Offer Period, You acknowledge that Your decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vif) You have seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). If You revoke, the Agreement shall not be effective or enforceable enforceable, and You shall not be entitled to the consideration set forth in this Agreement. To be effective, the revocation must be in writing and received by the Company’s Vice President of People OperationsChief Legal and Privacy Officer, Xxxxx XxxxXxxx Xxxxxx, at 000 Xxxxx xx Xxxx Avenue, Suite 6000, Atlanta, Georgia, Georgia 30308, prior to expiration of the Revocation Period; and (viig) this Waiver shall not become effective or enforceable until the Revocation Period has expired.

OWBPA/ADEA Waiver. By agreeing to this provision, You release and waive any right or claim against the Company1 arising out of Your employment or the termination of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”), the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”), and the Georgia Prohibition of Age Discrimination in Employment, O.C.G.A. § 34-1-2 (such release and waiver referred to as the “Waiver”). You understand and agree that, (ia) this Agreement is written in a manner that You understand; (iib) You do not release or waive rights or claims that may arise after You sign this Agreement; (iiic) You waive rights and claims You may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are already entitled; (ivd) You are advised to consult with an attorney before signing this Agreement; (ve) You have twenty-one (21) calendar days (the “Offer Period”) from receipt of this Agreement to consider whether to sign it (the “Offer Period”)it. The Parties agree that the Company may revoke this offer at any time. However, if You sign before the end of the Offer Period, You acknowledge that Your decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vif) You have seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). If You revoke, the Agreement shall not be effective or enforceable enforceable, and You shall not be entitled to the consideration set forth in this Agreement. To be effective, the revocation must be in writing and received by the Company’s Vice President of People OperationsChief Legal and Privacy Officer, Xxxxx XxxxXxxx Xxxxxx, at 000 Xxxxx xx Xxxx AvenueAve, Suite 6000, Atlanta, Georgia, Georgia 30308, prior to expiration of the Revocation Period; and (viig) this Waiver shall not become effective or enforceable until the Revocation Period has expired.

OWBPA/ADEA Waiver. By agreeing to this provision, You release and waive any right or claim against the Company1 arising out of Your employment or the termination of Your employment with the Company under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. ADEA or the OWBPA (“ADEA”), the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et seq. (“OWBPA”), and the Georgia Prohibition of Age Discrimination in Employment, O.C.G.A. § 34-1-2 (such release and waiver referred to as the “Waiver”). You understand and agree that, : (ia) this Agreement is written in a manner that You understand; (iib) You do not release or waive rights or claims that may arise after You sign this Agreement; (iiic) You waive rights and claims You may have had under the OWBPA and the ADEA, but only in exchange for payments and/or benefits in addition to anything of value to which You are already entitled; (ivd) You are advised to consult with an attorney before signing this Agreement; (ve) You have twenty-twenty one (21) calendar days (the “Offer Period”) from receipt of this Agreement to consider whether to sign it (the “Offer Period”)it. The Parties agree that the Company may revoke this offer at any time. However, if If You sign before the end of the Offer Period, You acknowledge that Your decision to do so was knowing, voluntary, and not induced by fraud, misrepresentation, or a threat to withdraw, alter, or provide different terms prior to the expiration of the Offer Period. You agree that changes or revisions to this Agreement, whether material or immaterial, do not restart the running of the Offer Period; (vif) You have seven (7) calendar days after signing this Agreement to revoke this Agreement (the “Revocation Period”). If You you revoke, the Agreement shall not be effective or enforceable and You shall not be entitled to the consideration set forth in this Agreementseparation benefits stated above. To be effective, the revocation must be in writing and received by the Company’s Vice President Director of People OperationsHuman Resources, Xxxxx XxxxXxxxxx X. Xxxxxxxx, at 000 Xxxxx xx Xxxx AvenueBway Corporation, 0000 Xxxxxxx Xxxxx, Suite 6000250, Atlanta, GeorgiaGA 30350, 30308, or his successor prior to expiration of the Revocation Period; and (viig) this Waiver shall not become effective or enforceable until the Revocation Period has expired.